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113-hr-2956

I 113th CONGRESS 1st Session H. R. 2956 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Murphy of Florida (for himself, Mr. Blumenauer , Ms. Esty , and Mr. Barber ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 eliminate unnecessary oil tax credits and subsidies for major oil companies to reduce the national debt. 1. Short title This Act may be cited as the End Welfare for Big Oil Act of 2013 . I Repeal of oil and gas subsidies A Close big oil tax loopholes 101. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (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) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective Date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) 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. 102. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for certain oil and gas income In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term domestic production gross receipts shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 103. Limitation on deduction for intangible drilling and development costs (a) In general Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)). . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 104. Limitation on percentage depletion allowance for oil and gas wells (a) In general Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Application with respect to major integrated oil companies In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 105. Limitation on deduction for tertiary injectants (a) In general Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Application with respect to major integrated oil companies This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)). . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. B Outer Continental Shelf oil and natural gas 111. Repeal of outer Continental Shelf deep water and deep gas royalty relief (a) In general Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Limitation on application The repeal under subsection (a) shall not affect the application of the repealed sections with respect to any lease sale for which a notice of sale is published before the date of enactment of this Act. II Budgetary effects 201. Deficit reduction The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr2956ih/xml/BILLS-113hr2956ih.xml

113-hr-2957

I 113th CONGRESS 1st Session H. R. 2957 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Murphy of Pennsylvania (for himself, Mr. Barber , Mr. Roe of Tennessee , Mr. Burgess , Mr. Cassidy , Mr. Dent , Mr. Tiberi , Mrs. Blackburn , Mr. Guthrie , Mr. Bucshon , and Mr. Marino ) 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 the Public Health Service Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes. 1. Short title This Act may be cited as the Behavioral Health Information Technology Act of 2013 . 2. Extension of health information technology assistance for behavioral and mental health and substance abuse Section 3000(3) of the Public Health Service Act ( 42 U.S.C. 300jj(3) ) is amended by inserting before and any other category the following: behavioral and mental health professionals (as defined in section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric hospital (as defined in section 1861(f) of the Social Security Act), a community mental health center meeting the criteria specified in section 1913(c), a residential or outpatient mental health or substance abuse treatment facility, . 3. Extension of eligibility for medicare and Medicaid health information technology implementation assistance (a) Payment incentives for eligible professionals under medicare Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (a)(7)— (A) in subparagraph (E), by adding at the end the following new clause: (iv) Additional eligible professional The term additional eligible professional means a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ; and (B) by adding at the end the following new subparagraph: (F) Application to additional eligible professionals The Secretary shall apply the provisions of this paragraph with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional, except in applying subparagraph (A)— (i) in clause (i), the reference to 2015 shall be deemed a reference to 2019; (ii) in clause (ii), the references to 2015, 2016, and 2017 shall be deemed references to 2019, 2020, and 2021, respectively; and (iii) in clause (iii), the reference to 2018 shall be deemed a reference to 2022. ; and (2) in subsection (o)— (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Additional eligible professional The term additional eligible professional means a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ; and (B) by adding at the end the following new paragraph: (6) Application to additional eligible professionals The Secretary shall apply the provisions of this subsection with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional, except in applying— (A) paragraph (1)(A)(ii), the reference to 2016 shall be deemed a reference to 2020; (B) paragraph (1)(B)(ii), the references to 2011 and 2012 shall be deemed references to 2015 and 2016, respectively; (C) paragraph (1)(B)(iii), the references to 2013 shall be deemed references to 2017; (D) paragraph (1)(B)(v), the references to 2014 shall be deemed references to 2018; and (E) paragraph (1)(E), the reference to 2011 shall be deemed a reference to 2015. . (b) Eligible hospitals Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended— (1) in subsection (b)(3)(B)(ix), by adding at the end the following new subclause: (V) The Secretary shall apply the provisions of this subsection with respect to an additional eligible hospital (as defined in subsection (n)(6)(C)) in the same manner as such provisions apply to an eligible hospital, except in applying— (aa) subclause (I), the references to 2015, 2016, and 2017 shall be deemed references to 2019, 2020, and 2021, respectively; and (bb) subclause (III), the reference to 2015 shall be deemed a reference to 2019. ; and (2) in subsection (n)— (A) in paragraph (6), by adding at the end the following new subparagraph: (C) Additional eligible hospital The term additional eligible hospital means an inpatient hospital that is a psychiatric hospital (as defined in section 1861(f)). ; and (B) by adding at the end the following new paragraph: (7) Application to additional eligible hospitals The Secretary shall apply the provisions of this subsection with respect to an additional eligible hospital in the same manner as such provisions apply to an eligible hospital, except in applying— (A) paragraph (2)(E)(ii), the references to 2013 and 2015 shall be deemed references to 2017 and 2019, respectively; and (B) paragraph (2)(G)(i), the reference to 2011 shall be deemed a reference to 2015. . (c) Medicaid providers Section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is amended— (1) in paragraph (2)(B)— (A) in clause (i), by striking , or and inserting a semicolon; (B) in clause (ii), by striking the period and inserting a semicolon; and (C) by adding after clause (ii) the following new clauses: (iii) a public hospital that is principally a psychiatric hospital (as defined in section 1861(f)); (iv) a private hospital that is principally a psychiatric hospital (as defined in section 1861(f)) and that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title; (v) a community mental health center meeting the criteria specified in section 1913(c) of the Public Health Service Act; or (vi) a residential or outpatient mental health or substance abuse treatment facility that— (I) is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other national accrediting agency recognized by the Secretary; and (II) has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title. ; and (2) in paragraph (3)(B)— (A) in clause (iv), by striking and after the semicolon; (B) in clause (v), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (vi) clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)), if such clinical psychologist is practicing in an outpatient clinic that— (I) is led by a clinical psychologist; and (II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B). . (d) Medicare Advantage organizations Section 1853 of the Social Security Act ( 42 U.S.C. 1395w–23 ) is amended— (1) in subsection (l)— (A) in paragraph (1)— (i) by inserting or additional eligible professionals (as described in paragraph (9)) after paragraph (2) ; and (ii) by inserting and additional eligible professionals before under such sections ; (B) in paragraph (3)(B)— (i) in clause (i) in the matter preceding subclause (I), by inserting or an additional eligible professional described in paragraph (9) after paragraph (2) ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by inserting or an additional eligible professional described in paragraph (9) after paragraph (2) ; and (II) in subclause (I), by inserting or an additional eligible professional, respectively, after eligible professional ; (C) in paragraph (3)(C), by inserting and additional eligible professionals after all eligible professionals ; (D) in paragraph (4)(D), by adding at the end the following new sentence: In the case that a qualifying MA organization attests that not all additional eligible professionals of the organization are meaningful EHR users with respect to an applicable year, the Secretary shall apply the payment adjustment under this paragraph based on the proportion of all such additional eligible professionals of the organization that are not meaningful EHR users for such year. ; (E) in paragraph (6)(A), by inserting and, as applicable, each additional eligible professional described in paragraph (9) after paragraph (2) ; (F) in paragraph (6)(B), by inserting and, as applicable, each additional eligible hospital described in paragraph (9) after subsection (m)(1) ; (G) in paragraph (7)(A), by inserting and, as applicable, additional eligible professionals after eligible professionals ; (H) in paragraph (7)(B), by inserting and, as applicable, additional eligible professionals after eligible professionals ; (I) in paragraph (8)(B), by inserting and additional eligible professionals described in paragraph (9) after paragraph (2) ; and (J) by adding at the end the following new paragraph: (9) Additional eligible professional described With respect to a qualifying MA organization, an additional eligible professional described in this paragraph is an additional eligible professional (as defined for purposes of section 1848(o)) who— (A) (i) is employed by the organization; or (ii) (I) is employed by, or is a partner of, an entity that through contract with the organization furnishes at least 80 percent of the entity’s Medicare patient care services to enrollees of such organization; and (II) furnishes at least 80 percent of the professional services of the additional eligible professional covered under this title to enrollees of the organization; and (B) furnishes, on average, at least 20 hours per week of patient care services. ; and (2) in subsection (m)— (A) in paragraph (1)— (i) by inserting or additional eligible hospitals (as described in paragraph (7)) after paragraph (2) ; and (ii) by inserting and additional eligible hospitals before under such sections ; (B) in paragraph (3)(A)(i), by inserting or additional eligible hospital after eligible hospital ; (C) in paragraph (3)(A)(ii), by inserting or an additional eligible hospital after eligible hospital in each place it occurs; (D) in paragraph (3)(B)— (i) in clause (i), by inserting or an additional eligible hospital described in paragraph (7) after paragraph (2) ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by inserting or an additional eligible hospital described in paragraph (7) after paragraph (2) ; and (II) in subclause (I), by inserting or an additional eligible hospital, respectively, after eligible hospital ; (E) in paragraph (4)(A), by inserting or one or more additional eligible hospitals (as defined in section 1886(n)), as appropriate, after section 1886(n)(6)(A)) ; (F) in paragraph (4)(D), by adding at the end the following new sentence: In the case that a qualifying MA organization attests that not all additional eligible hospitals of the organization are meaningful EHR users with respect to an applicable period, the Secretary shall apply the payment adjustment under this paragraph based on the methodology specified by the Secretary, taking into account the proportion of such additional eligible hospitals, or discharges from such hospitals, that are not meaningful EHR users for such period. ; (G) in paragraph (5)(A), by inserting and, as applicable, each additional eligible hospital described in paragraph (7) after paragraph (2) ; (H) in paragraph (5)(B), by inserting and additional eligible hospitals, as applicable, after eligible hospitals ; (I) in paragraph (6)(B), by inserting and additional eligible hospitals described in paragraph (7) after paragraph (2) ; and (J) by adding at the end the following new paragraph: (7) Additional eligible hospital described With respect to a qualifying MA organization, an additional eligible hospital described in this paragraph is an additional eligible hospital (as defined in section 1886(n)(6)(C)) that is under common corporate governance with such organization and serves individuals enrolled under an MA plan offered by such organization. . 4. Providing protections for certain providers, vendors, and users of certified EHR technology (a) Covered entities (1) Covered entities For purposes of this section, a covered entity means, with respect to certified EHR technology (as defined in section 1848(o)(4) of the Social Security Act (42 U.S.C. 1395w–4(o)(4))) and a year, any of the following: (A) Meaningful EHR users (i) An eligible professional (as defined in paragraph (5)(C) of section 1848(o) of the Social Security Act (42 U.S.C. 1395w–4(o))) determined to be a meaningful EHR user under paragraph (2) of such section for the EHR reporting period (as defined in paragraph (5)(B) of such section) during such year, or an additional eligible professional (as defined in paragraph (5)(D) of such section) determined to be a meaningful EHR user pursuant to paragraph (6) of such section for the EHR reporting period (as defined in paragraph (5)(B) of such section) during such year. (ii) In the case of a qualifying MA organization (as defined in paragraph (5) of section 1853(l) of such Act (42 U.S.C. 1395w–23(l))), an eligible professional described in paragraph (2) of such section or, as applicable, an additional eligible professional described in paragraph (9) of such section of the organization who the organization attests under paragraph (6) of such section to be a meaningful EHR user for such year. (iii) In the case of a qualifying MA organization (as so defined), an eligible hospital described in section 1853(m)(2) of such Act ( 42 U.S.C. 1395w–23(m)(2) ) or, as applicable, an additional eligible hospital described in section 1853(m)(7) of such Act ( 42 U.S.C. 1395w–23(m)(7) ) of the organization which attests under section 1853(l)(6) of such Act (42 U.S.C. 1395w–23(l)(6)) to be a meaningful EHR user for the applicable period with respect to such year. (iv) An eligible hospital (as defined in paragraph (6)(B) of section 1886(n) of such Act ( 42 U.S.C. 1395ww(n) ) determined to be a meaningful EHR user under paragraph (3) of such section for the EHR reporting period (as defined in paragraph (6)(A) of such section) with respect to such year, or an additional eligible hospital (as defined in paragraph (6)(C) of such section) determined to be a meaningful EHR user under paragraph (7) of such section for the EHR reporting period (as defined in paragraph (6)(A) of such section) with respect to such year. (v) A critical access hospital determined pursuant to section 1814(l)(3) of such Act ( 42 U.S.C. 1395f(l)(3) ) to be a meaningful EHR user (as would be determined under paragraph (3) of section 1886(n) of such Act ( 42 U.S.C. 1395ww(n) )) for an EHR reporting period (as defined in paragraph (6)(A) of such section) for a cost reporting period beginning during such year. (vi) A Medicaid provider (as defined in paragraph (2) of section 1903(t) of such Act ( 42 U.S.C. 1396b(t) )) eligible for payments described in paragraph (1) of such section for such year. (B) Health information exchange entities Individuals and entities (other than States or State designated entities) which during such year are health information exchange contractors (consisting of technology providers), health information exchange participants (consisting of organizations providing supportive technology to a health information exchange), and other users of health information exchanges (consisting of other entities that may be exchanging clinical or administrative data). Manufacturers of electronic health record (EHR) software and other health information technologies who participate in the reporting of adverse events or who otherwise contribute relevant patient safety work product under subsection (b)(1). (C) Certain other EHR users A health care professional who, during such year— (i) is a user of such certified EHR technology; (ii) is not eligible for incentive payments based on meaningful use of such technology under title XVIII or XIX of the Social Security Act solely because the professional is not— (I) an eligible professional (as defined in paragraph (5)(C) of section 1848(o) of such Act ( 42 U.S.C. 1395w–4(o) )); (II) an eligible professional described in paragraph (2) of section 1853(l) of such Act ( 42 U.S.C. 1395w–23(l) ) or, as applicable, an additional eligible professional described in paragraph (9) of such section, with respect to a qualifying MA organization (as defined in paragraph (5) of such section); (III) an eligible hospital described in paragraph (2) of section 1853(m) of such Act ( 42 U.S.C. 1395w–23(m) ) or, as applicable, an additional eligible hospital described in paragraph (7) of such section, with respect to such a qualifying MA organization; (IV) an eligible hospital (as defined in paragraph (6)(B) of section 1886(n) of such Act ( 42 U.S.C. 1395ww(n) )); (V) a critical access hospital; (VI) a Medicaid provider (as defined in paragraph (2) of section 1903(t) of such Act ( 42 U.S.C. 1396b(t) )); (VII) an additional eligible professional (as defined in paragraph (5)(D) of section 1848(o) of such Act (42 U.S.C. 1395w–4(o))); or (VIII) an additional eligible hospital (as defined in paragraph (6)(C) of section 1886(n) of such Act ( 42 U.S.C. 1395ww(n) )); and (iii) attests, to the satisfaction of the Secretary of Health and Human Services, that but for the reason described in clause (ii), the professional would otherwise satisfy criteria to be eligible for such incentive payments during such year. (b) Improving patient safety through error reporting and remediation, and clarification of authority (1) Quarterly reporting by patient safety organizations Paragraph (1) of section 924(b) of the Public Health Service Act ( 42 U.S.C. 299b–24 ) is amended by adding at the end the following: (H) Not less than quarterly each year, the entity shall submit to the Office of the National Coordinator findings that— (i) exclude any individually identifiable information; (ii) are based on information submitted to the entity by covered entities (as defined in section 4(a)(1) of the Behavioral Health Information Technology Act of 2013 ); (iii) describe the number and nature of EHR-related adverse events with respect to certified EHR technology (as such terms are defined in section 4(e) of such Act) so reported; and (iv) for each such EHR-related adverse event, identify the type event and the type electronic health record involved. . (2) Application of safety organization privilege and confidentiality protections In the case of a covered entity that submits to a patient safety organization information on an EHR-related adverse event with respect to certified EHR technology, and in the case of the collection and maintenance of such information by a patient safety organization, the provisions of section 922 of the Public Health Service Act ( 42 U.S.C. 299b–22 ) shall apply to such information and to the organization and the entity in the same manner such provisions apply to patient safety work product and a patient safety organization and provider under part C of title IX of such Act ( 42 U.S.C. 299b–2 et seq. ). (3) Clarification of authority Certified EHR technology shall not be considered to be a device for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (c) Rules relating to E-Discovery In any health care lawsuit against a covered entity that is related to an EHR-related adverse event, with respect to certified EHR technology used or provided by the covered entity, electronic discovery shall be limited to— (1) information that is related to such EHR-related adverse event; and (2) information from the period in which such EHR-related adverse event occurred. (d) Legal protections for covered entities (1) General For a covered entity described in subsection (a), the following protections apply: (A) Encouraging speedy resolution of claims (i) General A claimant may not commence a health care lawsuit against a covered entity on any date that is 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. This limitation shall be tolled to the extent that the claimant is able to prove— (I) fraud; (II) intentional concealment; or (III) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. (ii) Treatment of a minor A health care lawsuit by or on behalf of a claimant under the age of 17 years at the time the injury was suffered may not be commenced after the date that is 3 years after the date of the alleged manifestation of injury except that actions by a claimant under the age of 6 years may not be commenced after the date that is 3 years after the date of manifestation of injury or prior to the claimant’s 8th birthday, whichever provides a longer period. This limitation shall be tolled for claimants under the age of 17 years for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the claimant. (B) Equitable assignment of responsibility In any health care lawsuit against a covered entity— (i) each party to the lawsuit other than the claimant that is such a covered entity shall be liable for that party’s several share of any damages only and not for the share of any other person and such several share shall be in direct proportion to that party’s proportion of responsibility for the injury, as determined under clause (iii); (ii) whenever a judgment of liability is rendered as to any such party, a separate judgment shall be rendered against each such party for the amount allocated to such party; and (iii) for purposes of this subparagraph, the trier of fact shall determine the proportion of responsibility of each such party for the claimant’s harm. (C) Subsequent remedial measures Evidence of subsequent remedial measures to an EHR-related adverse event with respect to certified EHR technology used or provided by the covered entity (including changes to the certified EHR system, additional training requirements, or changes to standard operating procedures) by a covered entity shall not be admissible in health care lawsuits. (D) Increased burden of proof protection for covered entities Punitive damages may, if otherwise permitted by applicable State or Federal law, be awarded against any covered entity in a health care lawsuit only if it is proven by clear and convincing evidence that such entity acted with reckless disregard for the health or safety of the claimant. In any such health care lawsuit where no judgment for compensatory damages is rendered against such entity, no punitive damages may be awarded with respect to the claim in such lawsuit. (E) Protection from libel or slander Covered entities and employees, agents and representatives of covered entities are immune from civil action for libel or slander arising from information or entries made in certified EHR technology and for the transfer of such information to another eligible provider, hospital or health information exchange, if the information, transfer of information, or entries were made in good faith and without malice. (e) Definitions In this section: (1) Claimant The term claimant means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity, or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor. (2) Compensatory damages The term compensatory damages means objectively verifiable monetary losses incurred as a result of the provisions of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities, damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment in life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. Such term includes economic damages and noneconomic damages, as such terms are defined in this subsection. (3) Economic damages The term economic damages means objectively verifiable monetary losses incurred as a result of the provisions of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities. (4) Certified EHR technology The term certified EHR technology has the meaning given such term in section 1848(o)(4) of the Social Security Act (42 U.S.C. 1395w–4(o)(4)). (5) EHR-related adverse event The term EHR-related adverse event means, with respect to a provider, a defect, malfunction, or error in the certified health information technology or electronic health record used by the provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. (6) Health care lawsuit The term health care lawsuit means any health care liability claim concerning the provision of health care items or services or any medical product affecting interstate commerce, or any health care liability action concerning the provision of health care items or services or any medical product affecting interstate commerce, brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal, State, or local government; or which is grounded in antitrust. (7) Health care liability action The term health care liability action means a civil action brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider, a health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (8) Health care liability claim The term health care liability claim means a demand by any person, whether or not pursuant to alternative dispute resolution, against a health care provider, health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, including third-party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision of, use of, or payment for (or the failure to provide, use or pay for) health care services or medical products, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action. (9) Health care organization The term health care organization means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (10) Health care provider The term health care provider means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (11) Health care items or services The term health care items or services means any items or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (12) Malicious intent To injure The term malicious intent to injure means intentionally causing or attempting to cause physical injury other than providing health care items or services. (13) Medical product The term medical product means a drug, device, or biological product intended for humans, and the terms drug , device , and biological product have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ), respectively, including any component or raw material used therein, but excluding health care services. (14) Noneconomic damages The term noneconomic damages means damages for physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind of nature. (15) Patient safety organization The term patient safety organization has the meaning given to such term in section 921 of the Public Health Service Act ( 42 U.S.C. 299b–21 ). (16) Punitive damages The term punitive damages means damages awarded, for the purpose of punishment or deterrence, and not solely for compensatory purposes, against a health care provider, health care organization, or a manufacturer, distributor, or supplier of a medical product. Punitive damages are neither economic nor economic damages. (17) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof.

https://www.govinfo.gov/content/pkg/BILLS-113hr2957ih/xml/BILLS-113hr2957ih.xml

113-hr-2958

I 113th CONGRESS 1st Session H. R. 2958 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Nadler (for himself, Ms. Hahn , Mrs. Napolitano , Mr. George Miller of California , Mr. Larsen of Washington , Ms. Speier , Mr. Pascrell , Mr. Grijalva , Mr. Capuano , Ms. Moore , Mr. Schiff , Mrs. Capps , Mr. Pallone , Ms. Roybal-Allard , Mr. Honda , Mr. Moran , Mr. Israel , Mrs. Carolyn B. Maloney of New York , Ms. Schakowsky , Mr. Blumenauer , Mr. Lowenthal , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to provide certain port authorities, and for other purposes. 1. Short title This Act may be cited as the Clean Ports Act of 2013 . 2. Applicability to port facilities Section 14501(c) of title 49, United States Code, is amended— (1) in paragraph (2)(A)— (A) by striking or after cargo, ; and (B) by inserting before the semicolon the following: , or the authority of a State, political subdivision of a State, or political authority of 2 or more States to adopt requirements for motor carriers and commercial motor vehicles providing services at port facilities that are reasonably related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, or the efficient utilization of port facilities, if adoption or enforcement of such requirements does not conflict with any other applicable Federal law or regulation ; and (2) by adding at the end the following: (6) Clarification for paragraph (2) (A) Definition of port facilities For purposes of paragraph (2)(A), the term port facilities means all port facilities for coastwise, intercoastal, inland waterways, and Great Lakes shipping and overseas shipping, including, wharves, piers, sheds, warehouses, terminals, yards, docks, control towers, container equipment, maintenance buildings, container freight stations and port equipment, including harbor craft, cranes, and straddle carriers. (B) Applicability of clean air act Nothing in paragraph (1) shall limit the rights reserved to any State or a political subdivision thereof under the Clean Air Act (42 U.S.C. 7401 et seq.). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2958ih/xml/BILLS-113hr2958ih.xml

113-hr-2959

I 113th CONGRESS 1st Session H. R. 2959 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Nugent (for himself and Mr. Matheson ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State. 1. Short title This Act may be cited as the National Right-to-Carry Reciprocity Act of 2013 . 2. Reciprocity for the carrying of certain concealed firearms (a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms (a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)), a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a valid identification document containing a photograph of the person, and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may possess or carry a concealed handgun (other than a machine gun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that— (1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. (b) The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. (c) In subsection (a), the term identification document means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. . (b) Clerical amendment The table of sections for such chapter is amended by inserting after the item relating to section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms. . (c) Effective date The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2959ih/xml/BILLS-113hr2959ih.xml

113-hr-2960

I 113th CONGRESS 1st Session H. R. 2960 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Pallone 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 require sponsors of Medicare prescription drug plans to implement procedures to prevent fraud and abuse, and for other purposes. 1. Short title This Act may be cited as the Medicare Prescription Drug Integrity Act of 2013 . 2. Prevention of fraud and abuse in Medicare prescription drug plans (a) Procedures for PDP sponsors To identify fraud and abuse Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended— (1) in paragraph (1)(D)— (A) by inserting , designed to after program ; and (B) by inserting , that includes the procedures described in paragraph (4) after waste ; and (2) by adding at the end the following: (4) Procedures to prevent fraud and abuse (A) PDP sponsor procedures A PDP sponsor shall have in place procedures designed to— (i) identify an individual that has obtained coverage for a covered part D drug at a frequency or amount not medically necessary, as determined in accordance with utilization guidelines established by the Secretary; (ii) subject to procedures developed by the Secretary, limit coverage for some or all classes of covered part D drugs for an individual identified under clause (i) to drugs prescribed by one or more designated prescribers or dispensed by one or more designated dispensers, or both, for a reasonable period of time following the date the individual is notified of such identification; (iii) provide to the Secretary the name, and other information that the Secretary may require, of individuals identified pursuant to clause (i); (iv) as directed by the Secretary, limit coverage for some or all classes of covered part D drugs for an individual identified pursuant to clause (i) by a PDP sponsor with whom such individual was previously enrolled; and (v) deny payment of a claim for a controlled substance in schedule II or III as established under Controlled Substances Act unless the PDP sponsor has verified at point-of-sale that the prescriber and dispenser are authorized by the Administrator of the Drug Enforcement Administration to prescribe or dispense such controlled substances. (B) Authorization for the Secretary to share information The Secretary may share information with respect to an individual provided under subparagraph (A)(iii) with a PDP sponsor enrolling such individual. . (b) Dual eligibles Section 1860D–1(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–101(b)(3)(D) ) is amended by inserting , subject to such limits as the Secretary may establish for individuals identified pursuant to section 1860D–4(c)(4)(A)(i) after the Secretary . (c) Exclusion and denial of payment for inappropriate prescribing and dispensing (1) Exclusion for inappropriate prescribing or dispensing Section 1128(b) of the Social Security Act ( 42 U.S.C. 1320a–7(b) ) is amended by adding at the end the following: (17) Inappropriate prescribing or dispensing Any individual or entity that the Secretary determines has prescribed or dispensed under title XVIII— (A) a covered part D drug to an individual under a prescription drug plan or a MA-PD plan, as such terms are defined for purposes of part D of such title, that could not have been prescribed or dispensed to the individual on the date of such prescribing or dispensing; or (B) any drug under such title at a frequency or amount that— (i) represents a practice or pattern of abusive prescribing or dispensing; or (ii) presents a risk to enrollee health or safety. . (2) Denial of payment for inappropriate prescribing or dispensing Section 1860D–2(e)(3) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(3) ) is amended— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; (C) by inserting after subparagraph (B) the following: (C) which is prescribed or dispensed by an individual or entity that the Secretary determines, subject to such review, redetermination, and appeal as the Secretary provides, has prescribed or dispensed to an individual under a prescription drug plan or a MA–PD plan a covered part D drug— (i) that could not have been prescribed or dispensed to the individual on the date of such prescribing or dispensing; or (ii) at a frequency or amount that presents a risk to the health or safety of an enrollee or that represents a practice or pattern of abusive prescribing or dispensing. ; and (D) by adding at the end the following: The exclusion of a prescriber or dispenser under subparagraph (C) shall be for such period of time as the Secretary shall specify. (d) Registration of authorization for individuals To prescribe and dispense controlled substances Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following: (i) Unique health identifiers for members of group practices (1) In general The Attorney General shall— (A) compile and maintain a list of the unique health identifiers of prescribers and dispensers that are members of a group practice registered under this section and have authority to prescribe or dispense controlled substances in schedules II and III; and (B) make the list compiled under subparagraph (A) available to all PDP sponsors. (2) Definitions In this section: (A) Group practice The term group practice has the meaning given such term in section 1877(h)(4) of the Social Security Act. (B) Unique health identifier The term unique health identifier has the meaning given such term in section 1173(b) of the Social Security Act. (C) PDP sponsor The term PDP sponsor has the meaning given such term in section 1860D–41(a)(13) of the Social Security Act. . (e) Use of recovery audit contractor recoveries To prevent fraud and waste Section 1893(h)(1)(C) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(1)(C) ) is amended— (1) by striking the Secretary shall retain and inserting the Secretary— (i) shall retain ; (2) in clause (i), as added by paragraph (1)— (A) by inserting , in addition to any other funds that may be available, after available ; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (ii) may retain an additional portion of the amounts recovered (not to exceed 25 percent of such amounts recovered) which shall be available, in addition to any other funds that may be available, to such program management account until expended for purposes of carrying out the amendments made by the Medicare Prescription Drug Integrity Act of 2013 . . (f) Implementation The Secretary of Health and Human Services may implement the amendments made by subsections (a), (b), and (c)(2) by regulations, guidance, or otherwise. (g) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Delayed effective date for certain provisions The amendments made by subsection (a) shall apply with respect to plan years beginning after the date that is 8 months after the date of the enactment of this Act, except that subparagraph (A)(v) of section 1860D–4(c)(4) of the Social Security Act, as added by subsection (a)(2), shall apply with respect to plan years beginning after the date that is 6 months after the date on which the Secretary of Health and Human Services determines PDP sponsors, as defined in section 1860D–41(a)(13) of the Social Security Act ( 42 U.S.C. 1395w–151(a)(13) ), have access at the point-of-sale to the information necessary to determine valid prescribing and dispensing authority.

https://www.govinfo.gov/content/pkg/BILLS-113hr2960ih/xml/BILLS-113hr2960ih.xml

113-hr-2961

I 113th CONGRESS 1st Session H. R. 2961 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Pascrell (for himself and Mr. Runyan ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Truth in Lending Act and the Higher Education Act of 1965 to require additional disclosures and protections for students and cosigners with respect to student loans, and for other purposes. 1. Short title; Findings (a) Short title This Act may be cited as the Christopher Bryski Student Loan Protection Act or Christopher’s Law . (b) Findings Congress finds the following: (1) No requirement exists for private educational lenders’ promissory notes to include a clear and conspicuous description of the responsibilities of a borrower and cosigner in the event the borrower or cosigner becomes disabled, incapacitated, or dies. (2) According to the Annual Report of the Bureau of Consumer Financial Protection (CFPB) Student Loan Ombudsman, dated October 16, 2012: (A) In less than seven months, the CFPB has handled approximately 2,900 private student loan complaints. . (B) Co-signers complain that information about discharge or alternative arrangements in the case of death of the primary borrower is not readily available and that decisions are made on a case-by-case basis, giving co-signers little understanding of how the process works, or if they will be successful. . (C) The complaints and input received by the CFPB resemble many of the same issues experienced by mortgage borrowers, such as improper application of payments, untimeliness in error resolution, and inability to contact appropriate personnel in times of hardship. . (D) The difference between federal and private student loans in periods of disability was not well-understood. . (E) There are at least $8 billion of private student loans in default, representing more than 850,000 individual loans. . (F) While lenders do provide the terms of agreement in promissory notes, including associated benefits and protections, many borrowers state they were unaware of the categorical differences between federal and private protections. . (3) No requirement exists for a private education loan borrower to designate an alternate point of contact on their account in the event of their death or permanent disability. (4) An estimated 1,700,000 people sustain a traumatic brain injury each year, with older adolescents aged 15 to 19 years old more likely to sustain a traumatic brain injury than other age groups. (5) It has been estimated that the annual incidence of spinal cord injury, not including those who die at the scene of an accident, is approximately 40 cases per 1,000,000 people in the United States or approximately 12,000 new cases each year. These injuries can lead to permanent disability or loss of movement and can prohibit the victim from engaging in any substantial gainful activity. (6) In the 2007–2008 academic year, 13 percent of students attending a 4-year public institution of higher education, and 26.2 percent of students attending a 4-year private institution of higher education, borrowed monies from private educational lenders. (7) According to Sallie Mae, in 2009, the percentage of cosigned private education loans increased from 66 percent to 84 percent of all private education loans. 2. Additional student loan protections (a) In general Section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ) is amended by adding at the end the following: (g) Additional protections relating to death or disability of borrower or cosigner of a private education loan (1) Clear and conspicuous description of borrower’s and cosigner’s obligation In the case of any private educational lender who extends a private education loan, the lender shall clearly and conspicuously describe, in writing, the cosigner’s obligations with respect to the loan, including the effect the death, disability, or inability to engage in any substantial gainful activity of the borrower or any cosigner would have on any such obligation, in language that the Bureau determines would give a reasonable person a reasonable understanding of the obligation being assumed by becoming a cosigner for the loan. (2) Designation of individual to act on behalf of the borrower In the case of any private educational lender who extends a private education loan, the lender shall require the borrower to designate an individual to have the legal authority to act on behalf of the borrower with respect to the private education loan in the event of the borrower’s death, disability, or inability to engage in any substantial gainful activity. (3) Counseling In the case of any private educational lender who extends a private education loan, the lender shall ensure that the borrower, and any cosigner, receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan, including the information described under section 485(l)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l)(2) ). (4) Model form The Bureau shall publish a model form under section 105 for describing a cosigner’s obligation for purposes of paragraph (1). (5) Definition of death, disability, or inability to engage in any substantial gainful activity For the purposes of this subsection with respect to a borrower or cosigner, the term death, disability, or inability to engage in any substantial gainful activity — (A) means any condition described in section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)); and (B) shall be interpreted by the Bureau in such a manner as to conform with the regulations prescribed by the Secretary of Education under section 437(a) of such Act ( 20 U.S.C. 1087(a) ) to the fullest extent practicable, including safeguards to prevent fraud and abuse. . (b) Definitions Subsection (a) of section 140 of the Truth in Lending Act ( 15 U.S.C. 1650(a) ) is amended— (1) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: (1) the term cosigner — (A) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument; (B) includes any person whose signature is requested as condition to grant credit or to forbear on collection; and (C) does not include a spouse of an individual referred to in subparagraph (A) whose signature is needed to perfect the security interest in the loan; . (c) Rulemaking Not later than the end of the 1-year period following the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations to carry out section 140(g) of the Truth in Lending Act. 3. Federal student loans (a) Counseling information Section 485(l)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l)(2) ) is amended by adding at the end the following: (L) Information on the conditions required to discharge the loan due to the death, disability, or inability to engage in any substantial gainful activity of the borrower in accordance with section 437(a), and an explanation that, in the case of a private education loan made through a private educational lender (as such terms are defined in section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 )), the borrower, the borrower’s estate, and any cosigner of such a private education loan may be obligated to repay the full amount of the loan, regardless of the death or disability of the borrower or any other condition described in section 437(a). (M) Any repayment, refinance, deferment, forbearance, or forgiveness opportunities available to the borrower, or cosigner, in the event of either individual’s death, disability, or inability to engage in any substantial gainful activity. (N) The effect that the death, disability, or inability to engage in any substantial gainful activity of the borrower would have on the obligations of the borrower and any cosigner of the loan. . (b) Designation of individual To act on behalf of the borrower Section 484(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(4) ) is amended— (1) in subparagraph (A), by striking and after the semicolon; (2) in subparagraph (B), by inserting and after the semicolon; and (3) by adding at the end the following new subparagraph: (C) a designation by such student of an individual who shall have the legal authority to act on behalf of the student with respect to any loan to the student under this title in the event of the student’s death, disability, or inability to engage in any substantial gainful activity; .

https://www.govinfo.gov/content/pkg/BILLS-113hr2961ih/xml/BILLS-113hr2961ih.xml

113-hr-2962

I 113th CONGRESS 1st Session H. R. 2962 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Payne (for himself, Mr. Thompson of Mississippi , Mr. King of New York , Mr. Cartwright , Mr. Keating , Mr. Lance , Mr. Swalwell of California , Mr. DeFazio , Mr. Andrews , Mr. Richmond , Ms. Clarke , Mr. Sires , Mr. Clyburn , Mr. Pascrell , Mr. Rangel , Ms. Jackson Lee , Mr. Butterfield , Ms. Wilson of Florida , Mrs. Christensen , Ms. Gabbard , Mr. Pallone , Mr. Franks of Arizona , Mr. Carson of Indiana , Mr. Peters of California , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To provide for independent research of the future resilience and reliability of the Nation’s electric power transmission and distribution system, and for other purposes. 1. Short title This Act may be cited as the Saving More American Resources Today Grid Study Act of 2013 or the SMART Grid Study Act of 2013 . 2. National Research Council study on the resilience and reliability of the Nation’s power grid (a) Independent study Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, and the heads of other departments and agencies, as necessary, shall enter into an agreement with the National Research Council to conduct research of the future resilience and reliability of the Nation’s electric power transmission and distribution system. The research under this subsection shall be known as the Saving More American Resources Today Study or the SMART Study . In conducting such research, the National Research Council shall— (1) research the options for improving the Nation’s ability to expand and strengthen the capabilities of the Nation’s power grid, including estimation of the cost, time scale for implementation, and identification of the scale and scope of any potential significant health and environmental impacts; (2) consider the forces affecting the grid, including technical, economic, regulatory, environmental, and geopolitical factors, and how such forces are likely to affect— (A) the efficiency, control, reliability and robustness of operation; (B) the ability of the grid to recover from disruptions, including natural disasters and terrorist attacks; (C) the ability of the grid to incorporate greater reliance on distributed and intermittent power generation and electricity storage; (D) the ability of the grid to adapt to changing patterns of demand for electricity; and (E) the economic and regulatory factors affecting the evolution of the grid; (3) review Federal, State, industry, and academic research and development programs and identify technological options that could improve the future grid; (4) review the implications of increased reliance on digital information and control of the power grid for improving reliability, resilience, and congestion and for potentially increasing vulnerability to cyber attack; (5) review regulatory, industry, and institutional factors and programs affecting the future of the grid; (6) research the costs and benefits, as well as the strengths and weaknesses, of the options identified under paragraph (1) to address the emerging forces described in paragraph (2) that are shaping the grid; (7) identify the barriers to realizing the options identified and suggest strategies for overcoming those barriers including suggested actions, priorities, incentives, and possible legislative and executive actions; and (8) research the ability of the grid to integrate existing and future infrastructure, including utilities, telecommunications lines, highways, and other critical infrastructure. (b) Cooperation and access to information and personnel The Secretary shall ensure that the National Research Council receives full and timely cooperation, including full access to information and personnel, from the Department of Homeland Security, the Department of Energy, including the management and operating components of the Departments, and other Federal departments and agencies, as necessary, for the purposes of conducting the study described in subsection (a). (c) Report (1) In general Not later than 18 months from the date on which the Secretary enters into the agreement with the National Research Council described in subsection (a), the National Research Council shall submit to the Secretary and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the findings of the research required by that subsection. (2) Form of report The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary of Homeland Security $2,100,000 to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2962ih/xml/BILLS-113hr2962ih.xml

113-hr-2963

I 113th CONGRESS 1st Session H. R. 2963 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Pitts introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide dollars to the classroom. 1. Short title This Act may be cited as the Dollars to the Classroom Act . 2. Limitation on use by States of Federal funds provided for elementary and secondary education Notwithstanding any other provision of law, not less than 95 percent of any Federal funds made available to a State or State educational agency by the Secretary of Education for a purpose relating to elementary or secondary education shall be used— (1) for academic and classroom (or classroom-related) purposes; or (2) at the elementary school or secondary school level.

https://www.govinfo.gov/content/pkg/BILLS-113hr2963ih/xml/BILLS-113hr2963ih.xml

113-hr-2964

I 113th CONGRESS 1st Session H. R. 2964 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Pitts introduced the following bill; which was referred to the Committee on Ways and Means A BILL To establish and provide for the treatment of Individual Development Accounts, and for other purposes. 1. Short title, etc (a) In general This Act may be cited as the Savings for Working Families Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Structure and administration of qualified Individual Development Account programs. Sec. 5. Procedures for opening and maintaining an Individual Development Account and qualifying for matching funds. Sec. 6. Deposits by qualified Individual Development Account programs. Sec. 7. Withdrawal procedures. Sec. 8. Certification and termination of qualified Individual Development Account programs. Sec. 9. Reporting, monitoring, and evaluation. Sec. 10. Authorization of appropriations. Sec. 11. Matching funds for Individual Development Accounts provided through a tax credit for qualified financial institutions. Sec. 12. Account funds disregarded for purposes of certain means-tested Federal programs. 2. Purposes The purposes of this Act are to provide for the establishment of individual development account programs that will— (1) provide individuals and families with limited means an opportunity to accumulate assets and to enter the financial mainstream, (2) promote education, homeownership, and the development of small businesses, (3) stabilize families and build communities, and (4) support continued United States economic expansion. 3. Definitions As used in this Act: (1) Eligible individual (A) In general The term eligible individual means, with respect to any taxable year, an individual who— (i) has attained the age of 18 but not the age of 61 as of the last day of such taxable year, (ii) is a citizen or lawful permanent resident (within the meaning of section 7701(b)(6) of the Internal Revenue Code of 1986) of the United States as of the last day of such taxable year, (iii) was not a student (as defined in section 152(f)(2) of such Code) for the immediately preceding taxable year, (iv) is not an individual with respect to whom a deduction under section 151 of such Code is allowable to another taxpayer for a taxable year of the other taxpayer ending during the immediately preceding taxable year of the individual, (v) is not a taxpayer described in subsection (c), (d), (e), or (f) of section 6402 of such Code for the immediately preceding taxable year, (vi) is not a taxpayer described in section 1(d) of such Code for the immediately preceding taxable year, and (vii) is a taxpayer the modified adjusted gross income of whom for the immediately preceding taxable year does not exceed— (I) $20,000, in the case of a taxpayer described in section 1(c) of such Code, (II) $30,000, in the case of a taxpayer described in section 1(b) of such Code, and (III) $40,000, in the case of a taxpayer described in section 1(a) of such Code. (B) Inflation adjustment (i) In general In the case of any taxable year beginning after 2014, each dollar amount referred to in subparagraph (A)(vii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section (1)(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, by substituting 2013 for 1992 . (ii) Rounding If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (C) Modified adjusted gross income For purposes of subparagraph (A)(v), the term modified adjusted gross income means adjusted gross income— (i) determined without regard to sections 86, 893, 911, 931, and 933 of the Internal Revenue Code of 1986, and (ii) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. (2) Individual Development Account The term Individual Development Account means an account established for an eligible individual as part of a qualified individual development account program, but only if the written governing instrument creating the account meets the following requirements: (A) The owner of the account is the individual for whom the account was established. (B) No contribution will be accepted unless it is in cash, and, except in the case of any qualified rollover, contributions will not be accepted for the taxable year in excess of $1,500 on behalf of any individual. (C) The trustee of the account is a qualified financial institution. (D) The assets of the account will not be commingled with other property except in a common trust fund or common investment fund. (E) Except as provided in section 7(b), any amount in the account may be paid out only for the purpose of paying the qualified expenses of the account owner. (3) Parallel Account The term parallel account means a separate, parallel individual or pooled account for all matching funds and earnings dedicated to an Individual Development Account owner as part of a qualified individual development account program, the trustee of which is a qualified financial institution. (4) Qualified financial institution (A) In general The term qualified financial institution means any person authorized to be a trustee of any individual retirement account under section 408(a)(2) of the Internal Revenue Code of 1986. (B) Rule of construction (i) In general Nothing in this paragraph shall be construed as preventing a person described in subparagraph (A) from collaborating with 1 or more qualified nonprofit organizations or Indian tribes to carry out an individual development account program established under section 4. (ii) Qualified nonprofit organization The term qualified nonprofit organization means— (I) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, (II) any community development financial institution certified by the Community Development Financial Institution Fund, (III) any credit union chartered under Federal or State law, or (IV) any public housing agency as defined in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6) ). (iii) Indian tribe The term Indian tribe means any Indian tribe as defined in section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(12) ), and includes any tribally designated housing entity (as defined in section 4(21)) of such Act (25 U.S.C. 4103(21)), tribal subsidiary, subdivision, or other wholly owned tribal entity. (5) Qualified Individual Development Account program The term qualified individual development account program means a program established upon approval of the Secretary under section 4 after December 31, 2013, under which— (A) Individual Development Accounts and parallel accounts are held in trust by a qualified financial institution, and (B) additional activities determined by the Secretary, in consultation with the Secretary of Health and Human Services, as necessary to responsibly develop and administer accounts, including recruiting, providing financial education and other training to Account owners, and regular program monitoring, are carried out by the qualified financial institution. (6) Qualified expense distribution (A) In general The term qualified expense distribution means any amount paid (including through electronic payments) or distributed out of an Individual Development Account or a parallel account established for an eligible individual if such amount— (i) is used exclusively to pay the qualified expenses of the Individual Development Account owner or such owner’s spouse or dependents, (ii) is paid by the qualified financial institution— (I) except as otherwise provided in this clause, directly to the unrelated third party to whom the amount is due, (II) in the case of any qualified rollover, directly to another Individual Development Account and parallel account, or (III) in the case of a qualified final distribution, directly to the spouse, dependent, or other named beneficiary of the deceased Account owner, and (iii) is paid after the Account owner has completed a financial education course if required under section 5(b). (B) Qualified expenses (i) In general The term qualified expenses means any of the following expenses approved by the qualified financial institution: (I) Qualified higher education expenses. (II) Qualified first-time homebuyer costs. (III) Qualified business capitalization or expansion costs. (IV) Qualified rollovers. (V) Qualified final distribution. (ii) Qualified higher education expenses (I) In general The term qualified higher education expenses has the meaning given such term by section 529(e)(3) of the Internal Revenue Code of 1986, determined by treating the Account owner, the owner’s spouse, or one or more of the owner’s dependents as a designated beneficiary, and reduced as provided in section 25A(g)(2) of such Code. (II) Coordination With other benefits The amount of expenses which may be taken into account for purposes of section 135, 529, or 530 of such Code for any taxable year shall be reduced by the amount of any qualified higher education expenses taken into account as qualified expense distributions during such taxable year. (iii) Qualified first-time homebuyer costs The term qualified first-time homebuyer costs means qualified acquisition costs (as defined in section 72(t)(8)(C) of the Internal Revenue Code of 1986) with respect to a principal residence (within the meaning of section 121 of such Code) for a qualified first-time homebuyer (as defined in section 72(t)(8)(D)(i) of such Code). (iv) Qualified business capitalization or expansion costs (I) In general The term qualified business capitalization or expansion costs means qualified expenditures for the capitalization or expansion of a qualified business pursuant to a qualified business plan. (II) Qualified expenditures The term qualified expenditures means expenditures normally associated with starting or expanding a business and included in a qualified business plan, including costs for capital, plant, and equipment, inventory expenses, and attorney and accounting fees. (III) Qualified business The term qualified business means any business that does not contravene any law. (IV) Qualified business plan The term qualified business plan means a business plan which has been approved by the qualified financial institution and which meets such requirements as the Secretary may specify. (v) Qualified rollovers The term qualified rollover means the complete distribution of the amounts in an Individual Development Account and parallel account to another Individual Development Account and parallel account established in another qualified financial institution for the benefit of the Account owner. (vi) Qualified final distribution The term qualified final distribution means, in the case of a deceased Account owner, the complete distribution of the amounts in the Individual Development Account and parallel account directly to the spouse, any dependent, or other named beneficiary of the deceased. (7) Secretary The term Secretary means the Secretary of the Treasury. 4. Structure and administration of qualified Individual Development Account programs (a) Establishment of qualified Individual Development Account programs Any qualified financial institution may apply to the Secretary for approval to establish 1 or more qualified individual development account programs which meet the requirements of this Act. (b) Basic program structure (1) In general All qualified individual development account programs shall consist of the following 2 components for each participant: (A) An Individual Development Account to which an eligible individual may contribute cash in accordance with section 5. (B) A parallel account to which all matching funds shall be deposited in accordance with section 6. (2) Tailored IDA programs A qualified financial institution may tailor its qualified individual development account program to allow matching funds to be spent on 1 or more of the categories of qualified expenses. (c) Coordination With public housing agency individual Savings Accounts Section 3(e)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(e)(2) ) is amended by inserting or in any Individual Development Account established under the Savings for Working Families Act of 2013 after subsection . (d) Tax treatment of parallel Accounts (1) In general Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: 7529. Tax incentives for individual development parallel Accounts For purposes of this title— (1) any account described in section 4(b)(1)(B) of the Savings for Working Families Act of 2013 shall be exempt from taxation, (2) except as provided in section 45S, no item of income, expense, basis, gain, or loss with respect to such an account may be taken into account, and (3) any amount withdrawn from such an account shall not be includible in gross income. . (2) Conforming amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Tax incentives for individual development parallel accounts. . (e) Coordination of certain expenses Section 25A(g)(2) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) a qualified expense distribution with respect to qualified higher education expenses from an Individual Development Account or a parallel account under section 7(a) of the Savings for Working Families Act of 2013 . . 5. Procedures for opening and maintaining an Individual Development Account and qualifying for matching funds (a) Opening an Account An eligible individual may open an Individual Development Account with a qualified financial institution upon certification that such individual has never maintained any other Individual Development Account (other than an Individual Development Account to be terminated by a qualified rollover). (b) Required completion of financial education course (1) In general Before becoming eligible to withdraw funds to pay for qualified expenses, owners of Individual Development Accounts must complete 1 or more financial education courses specified in the qualified individual development account program. (2) Standard and applicability of course The Secretary, in consultation with representatives of qualified individual development account programs and financial educators, shall not later than January 1, 2010, establish minimum quality standards for the contents of financial education courses and providers of such courses described in paragraph (1) and a protocol to exempt individuals from the requirement under paragraph (1) in the case of hardship, lack of need, the attainment of age 65, or a qualified final distribution. (c) Proof of status as an eligible individual Federal income tax forms for the immediately preceding taxable year and any other evidence of eligibility which may be required by a qualified financial institution shall be presented to such institution at the time of the establishment of the Individual Development Account and in any taxable year in which contributions are made to the Account to qualify for matching funds under section 6(b)(1)(A). (d) Special rule in the case of married individuals For purposes of this Act, if, with respect to any taxable year, 2 married individuals file a Federal joint income tax return, then not more than 1 of such individuals may be treated as an eligible individual with respect to the succeeding taxable year. 6. Deposits by qualified Individual Development Account programs (a) Parallel Accounts The qualified financial institution shall deposit all matching funds for each Individual Development Account into a parallel account at a qualified financial institution. (b) Regular deposits of matching funds (1) In general Subject to paragraph (2), the qualified financial institution shall deposit into the parallel account with respect to each eligible individual the following amounts: (A) A dollar-for-dollar match for the first $500 contributed by the eligible individual into an Individual Development Account with respect to any taxable year of such individual. (B) Any matching funds provided by State, local, or private sources in accordance with the matching ratio set by those sources. (2) Timing of deposits A deposit of the amounts described in paragraph (1) shall be made into a parallel account— (A) in the case of amounts described in paragraph (1)(A), not later than 30 days after the end of the calendar quarter during which the contribution described in such paragraph was made, and (B) in the case of amounts described in paragraph (1)(B), not later than 2 business days after such amounts were provided. (3) Cross reference For allowance of tax credit for Individual Development Account subsidies, including matching funds, see section 45S of the Internal Revenue Code of 1986. (c) Deposit of matching funds into Individual Development Account of individual who has attained age 65 In the case of an Individual Development Account owner who attains the age of 65, the qualified financial institution shall deposit the funds in the parallel account with respect to such individual into the Individual Development Account of such individual on the later of— (1) the day which is the 1-year anniversary of the deposit of such funds in the parallel account, or (2) the first business day of the taxable year of such individual following the taxable year in which such individual attained age 65. (d) Uniform accounting regulations To ensure proper recordkeeping and determination of the tax credit under section 45S of the Internal Revenue Code of 1986, the Secretary shall prescribe regulations with respect to accounting for matching funds in the parallel accounts. (e) Regular reporting of Accounts Any qualified financial institution shall report the balances in any Individual Development Account and parallel account of an individual on not less than an annual basis to such individual. 7. Withdrawal procedures (a) Withdrawals for qualified expenses (1) In general An Individual Development Account owner may withdraw funds in order to pay qualified expense distributions from such individual’s— (A) Individual Development Account, but only from funds which have been on deposit in such Account for at least 1 year, and (B) parallel account, but only— (i) from matching funds which have been on deposit in such parallel account for at least 1 year, (ii) from earnings in such parallel account, after all matching funds described in clause (i) have been withdrawn, and (iii) to the extent such withdrawal does not result in a remaining balance in such parallel account which is less than the remaining balance in the Individual Development Account after such withdrawal. (2) Procedure Upon receipt of a withdrawal request which meets the requirements of paragraph (1), the qualified financial institution shall directly transfer the funds electronically to the distributees described in section 3(6)(A)(ii). If a distributee is not equipped to receive funds electronically, the qualified financial institution may issue such funds by paper check to the distributee. (b) Withdrawals for nonqualified expenses An Individual Development Account owner may withdraw any amount of funds from the Individual Development Account for purposes other than to pay qualified expense distributions, but if, after such withdrawal, the amount in the parallel account of such owner (excluding earnings on matching funds) exceeds the amount remaining in such Individual Development Account, then such owner shall forfeit from the parallel account the lesser of such excess or the amount withdrawn. (c) Withdrawals from Accounts of noneligible individuals If the individual for whose benefit an Individual Development Account is established ceases to be an eligible individual, such account shall remain an Individual Development Account, but such individual shall not be eligible for any further matching funds under section 6(b)(1)(A) for contributions which are made to the Account during any taxable year when such individual is not an eligible individual. (d) Effect of pledging Account as security If, during any taxable year of the individual for whose benefit an Individual Development Account is established, that individual uses the Account, the individual’s parallel account, or any portion thereof as security for a loan, the portion so used shall be treated as a withdrawal of such portion from the Individual Development Account for purposes other than to pay qualified expenses. 8. Certification and termination of qualified Individual Development Account programs (a) Certification procedures Upon establishing a qualified individual development account program under section 4, a qualified financial institution shall certify to the Secretary at such time and in such manner as may be prescribed by the Secretary and accompanied by any documentation required by the Secretary, that— (1) the accounts described in subparagraphs (A) and (B) of section 4(b)(1) are operating pursuant to all the provisions of this Act, and (2) the qualified financial institution agrees to implement an information system necessary to monitor the cost and outcomes of the qualified individual development account program. (b) Authority To terminate qualified IDA program If the Secretary determines that a qualified financial institution under this Act is not operating a qualified individual development account program in accordance with the requirements of this Act (and has not implemented any corrective recommendations directed by the Secretary), the Secretary shall terminate such institution’s authority to conduct the program. If the Secretary is unable to identify a qualified financial institution to assume the authority to conduct such program, then any funds in a parallel account established for the benefit of any individual under such program shall be deposited into the Individual Development Account of such individual as of the first day of such termination. 9. Reporting, monitoring, and evaluation (a) Responsibilities of qualified financial institutions Each qualified financial institution that operates a qualified individual development account program under section 4 shall report annually to the Secretary within 90 days after the end of each calendar year on— (1) the number of individuals making contributions into Individual Development Accounts and the amounts contributed, (2) the amounts contributed into Individual Development Accounts by eligible individuals and the amounts deposited into parallel accounts for matching funds, (3) the amounts withdrawn from Individual Development Accounts and parallel accounts, and the purposes for which such amounts were withdrawn, (4) the balances remaining in Individual Development Accounts and parallel accounts, and (5) such other information needed to help the Secretary monitor the effectiveness of the qualified individual development account program (provided in a non-individually identifiable manner). (b) Responsibilities of the Secretary (1) Monitoring protocol Not later than 12 months after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop and implement a protocol and process to monitor the cost and outcomes of the qualified individual development account programs established under section 4. (2) Annual reports For each year after 2014, the Secretary shall submit a progress report to Congress on the status of such qualified individual development account programs. Such report shall, to the extent data are available, include from a representative sample of qualified individual development account programs information on— (A) the characteristics of participants, including age, gender, race or ethnicity, marital status, number of children, employment status, and monthly income, (B) deposits, withdrawals, balances, uses of Individual Development Accounts, and participant characteristics, (C) the characteristics of qualified individual development account programs, including match rate, economic education requirements, and permissible uses of accounts, and (D) process information on program implementation and administration, especially on problems encountered and how problems were solved. (3) Use of Accounts in rural areas encouraged The Secretary shall develop methods to encourage the use of Individual Development Accounts in rural areas. 10. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary $3,000,000 for fiscal year 2014 and for each fiscal year through 2019, for the purposes of implementing this Act, including the reporting, monitoring, and evaluation required under section 9, to remain available until expended. (b) Grants There is authorized to be appropriated to the Secretary $120,000,000— (1) to make grants to qualified nonprofit organizations and Indian tribes to help defray the administrative costs associated with the operation of individual development account programs, including the required financial education courses, and (2) to provide technical assistance to qualified nonprofit organizations and Indian tribes in meeting such program requirements. 11. Matching funds for Individual Development Accounts provided through a tax credit for qualified financial institutions (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45S. Individual Development Account investment credit (a) Determination of amount For purposes of section 38, the individual development account investment credit determined under this section with respect to any eligible entity for any taxable year is an amount equal to the individual development account investment provided by such eligible entity during the taxable year under an individual development account program established under section 4 of the Savings for Working Families Act of 2013 . (b) Applicable tax For the purposes of this section, the term applicable tax means the excess (if any) of— (1) the tax imposed under this chapter (other than the taxes imposed under the provisions described in subparagraphs (C) through (Q) of section 26(b)(2)), over (2) the credits allowable under subpart B (other than this section) and subpart D of this part. (c) Individual Development Account investment For purposes of this section, the term individual development account investment means, with respect to an individual development account program in any taxable year, an amount equal to the sum of— (1) the aggregate amount of dollar-for-dollar matches under such program under section 6(b)(1)(A) of the Savings for Working Families Act of 2013 for such taxable year, plus (2) $50 with respect to each Individual Development Account maintained— (A) as of the end of such taxable year, but only if such taxable year is within the 7-taxable-year period beginning with the taxable year in which such Account is opened, and (B) with a balance of not less than $100 (other than the taxable year in which such Account is opened). (d) Eligible entity For purposes of this section, except as provided in regulations, the term eligible entity means a qualified financial institution. (e) Other definitions For purposes of this section, any term used in this section and also in the Savings for Working Families Act of 2013 shall have the meaning given such term by such Act. (f) Denial of double benefit (1) In general No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which— (A) is taken into account under subsection (c)(1)(A) in determining the credit under this section, or (B) is attributable to the maintenance of an Individual Development Account. (2) Determination of amount Solely for purposes of paragraph (1)(B), the amount attributable to the maintenance of an Individual Development Account shall be deemed to be the dollar amount of the credit allowed under subsection (c)(l)(B) for each taxable year such Individual Development Account is maintained. (g) Credit may be transferred (1) In general An eligible entity may transfer any credit allowable to the eligible entity under subsection (a) to any person other than to another eligible entity which is exempt from tax under this title. The determination as to whether a credit is allowable shall be made without regard to the tax-exempt status of the eligible entity. (2) Consent required for revocation Any transfer under paragraph (1) may be revoked only with the consent of the Secretary. (h) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including— (1) such regulations as necessary to insure that any credit described in subsection (g)(1) is claimed once and not retransferred by a transferee, and (2) regulations providing for a recapture of the credit allowed under this section (notwithstanding any termination date described in subsection (i)) in cases where there is a forfeiture under section 7(b) of the Savings for Working Families Act of 2013 in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit. (i) Application of Section (1) In general This section shall apply to any expenditure made in any taxable year ending after December 31, 2013, and beginning on or before January 1, 2021, with respect to any Individual Development Account which— (A) is opened before January 1, 2019, and (B) as determined by the Secretary, when added to all of the previously opened Individual Development Accounts, does not exceed 2,700,000 Accounts. Notwithstanding the preceding sentence, this section shall apply to amounts which are described in subsection (c)(1) and which are timely deposited into a parallel account during the 30-day period following the end of the last taxable year beginning on or before January 1, 2019. (2) Determination of limitation The limitation on the number of Individual Development Accounts under paragraph (1)(B) shall be allocated by the Secretary among eligible individuals as such individuals open such Accounts under qualified individual development account programs, except that, in the case of 300,000 Accounts, such limitation shall be equally allocated among the States. . (b) Credit treated as business credit Section 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the individual development account investment credit determined under section 45S(a). . (c) Conforming amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Individual development account investment credit. . (d) Report regarding Account maintenance fees The Secretary of the Treasury shall study the adequacy of the amount specified in section 45S(c)(2) of the Internal Revenue Code of 1986 (as added by this section). Not later than December 31, 2014, the Secretary of the Treasury shall report the findings of the study described in the preceding sentence to Congress. (e) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2013. 12. Account funds disregarded for purposes of certain means-tested Federal programs Notwithstanding any other provision of Federal law (other than the Internal Revenue Code of 1986) that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in any Individual Development Account of such individual and any matching deposit made on behalf of such individual (including earnings thereon) in any parallel account shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such Individual Development Account.

https://www.govinfo.gov/content/pkg/BILLS-113hr2964ih/xml/BILLS-113hr2964ih.xml

113-hr-2965

I 113th CONGRESS 1st Session H. R. 2965 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Pitts introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow nontaxable employer matching contributions to section 529 college savings plans. 1. Short title This Act may be cited as the Help Kids Save for College Act of 2013 . 2. Nontaxable employer matching contributions to section 529 college savings plans (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139D the following new section: 139E. Employer matching contributions to section 529 college savings plans (a) Exclusion Gross income of an employee does not include amounts paid during the taxable year by the employer to a qualified tuition program for the benefit of a designated beneficiary if such amounts are paid pursuant to a college savings assistance program. (b) Limitation The amount excluded from the gross income of an employee under subsection (a) for any taxable year with respect to each designated beneficiary shall not exceed the lesser of— (1) $1,000, or (2) the amount paid by the employee during such year to such program for the benefit of such beneficiary. (c) College savings assistance program For purposes of this section, a college savings assistance program is a separate written plan of an employer for the exclusive benefit of such employer's employees— (1) under which the employer makes payments to qualfied tuition programs for the benefit of designated beneficiaries, and (2) which meets requirements similar to the requirements of paragraphs (2), (3), (5), and (6) of section 127(b). (d) Definitions For purposes of this section, terms used is this section which are also used in section 529 shall have the respective meanings given such terms by section 529. . (b) Clerical amendment The table of sections for such part III is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Employer matching contributions to section 529 college savings plans. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2965ih/xml/BILLS-113hr2965ih.xml

113-hr-2966

I 113th CONGRESS 1st Session H. R. 2966 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Richmond (for himself, Ms. Fudge , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to suspend, for a certain period, the use of adverse credit history in determining eligibility for Federal Direct PLUS Loans. 1. Short title This Act may be cited as the PLUS Loan Accessibility Act . 2. Provision of eligibility for Federal Direct PLUS Loans Section 428B(a)(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–2(a)(1)(A) ) is amended by adding before the semicolon the following: , except that this subparagraph shall not be enforced with respect to Federal Direct PLUS Loans during the period beginning on the date of enactment of the PLUS Loan Accessibility Act and ending on the date on which the Secretary implements the final rules on the proposed rules developed by the negotiated rulemaking committee established pursuant to the announcement of intent to establish a negotiated rulemaking committee published by the Department on May 1, 2012 (77 Fed. Reg. 25658 et seq.) .

https://www.govinfo.gov/content/pkg/BILLS-113hr2966ih/xml/BILLS-113hr2966ih.xml

113-hr-2967

I 113th CONGRESS 1st Session H. R. 2967 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Schock (for himself and Mr. Cooper ) introduced the following bill; which was referred to the Committee on the Budget A BILL To provide for fiscal gap and generational accounting analysis in the legislative process, the President’s budget, and annual long-term fiscal outlook reports. 1. Short title This Act may be cited as the Intergenerational Financial Obligations Reform Act or the INFORM Act . 2. Definitions In this Act: (1) Fiscal gap The term fiscal gap means an economic analysis that— (A) calculates the difference between the present value of all projected future Federal spending, including interest and principal payments on the initial outstanding debt, and the present value of all projected future Federal revenues, over an infinite time horizon; (B) calculates the permanent Federal revenue increases and spending reductions and identifies the combination of fiscal policy options starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; and (C) calculates the increases in the levels of annual rates of economic growth factors, including technological change, labor productivity, and capital deepening, starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year. (2) Generation The term generation means a 1-year age cohort. (3) Generational accounting The term generational accounting means an economic analysis that calculates— (A) the projected present value lifetime net Federal tax burden facing each living adult generation over 18 years of age; and (B) the present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, assuming— (i) the sum of all present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, covers the present value of future discretionary spending, including interest and principal payments on the initial outstanding debt, less the sum of all present value lifetime net Federal tax burdens facing living adult generations over 18 years of age; and (ii) the lifetime net Federal tax burden of generations 18 years of age and under, as well as future generations, increases with year of birth at the projected growth rate of labor productivity. (4) Net Federal tax burden The term net Federal tax burden means the difference between Federal taxes paid and transfer payments received. 3. The Congressional Budget Office Report Section 202(e) of the Congressional Budget Act of 1974 is amended by inserting at the end the following: (4) (A) For any legislation or resolution considered in the Senate or the House of Representatives that would impact revenues or mandatory spending by greater than 0.5 percent of gross domestic product over the following 10-fiscal year period and upon request relating to such legislation or resolution by the Chairmen or Ranking Members of the Committees on the Budget of the House of Representatives or the Senate, the Congressional Budget Office shall be required to provide, with respect to such legislation or resolution— (i) a fiscal gap and generational accounting analysis, including the change in the fiscal gap and generational accounting analysis relative to the baseline; and (ii) the Federal deficit, at current spending levels, in the fiscal year that is 75 years and the stock of the debt in the 75th year after the fiscal year in which the legislation is being considered. (B) In this paragraph— (i) the term fiscal gap means an economic analysis that— (I) calculates the difference between the present value of all projected future Federal spending, including interest and principal payments on the initial outstanding debt, and the present value of all projected future Federal revenues, over an infinite time horizon; (II) calculates the permanent Federal revenue increases and spending reductions and identifies the combination of fiscal policy options starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; and (III) calculates the increases in the levels of annual rates of economic growth factors, including technological change, labor productivity, and capital deepening, starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; (ii) the term generation means a 1-year age cohort; (iii) the term generational accounting means an economic analysis that calculates— (I) the projected present value lifetime net Federal tax burden facing each living adult generation over 18 years of age; and (II) the present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, assuming— (aa) the sum of all present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, covers the present value of future discretionary spending, including interest and principal payments on the initial outstanding debt, less the sum of all present value lifetime net Federal tax burdens facing living adult generations over 18 years of age; and (bb) the lifetime net Federal tax burden of generations 18 years of age and under, as well as future generations, increases with year of birth at the projected growth rate of labor productivity; and (iv) the term net Federal tax burden means the difference between Federal taxes paid and transfer payments received. . 4. CBO annual report (a) In general The Congressional Budget Office shall produce an annual fiscal gap and generational accounting analysis within its annual Long-Term Budget Outlook . (b) Public Report The Director of the Congressional Budget Office shall post the report described in subsection (a) on the Congressional Budget Office public website. 5. GAO annual report (a) In general The Comptroller General shall produce an annual fiscal gap and generational accounting analysis within its annual Long-Term Fiscal Outlook . (b) Public report The Comptroller General shall post the report described in subsection (a) on the General Accountability Office public website. 6. The President’s budget Section 1105 of title 31, United States Code, is amended— (1) in subsection (a), by— (A) redesignating paragraph (37) following paragraph (38) as paragraph (39); and (B) adding at the end the following: (40) an analysis including— (A) a fiscal gap and generational accounting analysis of the full budget proposal; (B) a fiscal gap and generational accounting analysis of specific policy changes that would impact revenues or mandatory spending by greater than 0.5 percent of gross domestic product over the following 10-fiscal year period; and (C) the Federal deficit, at current spending levels, in the fiscal year that is 75 years and the stock of the debt in the 75th year after the fiscal year in which the policy is being considered. ; and (2) by inserting at the end the following: (i) For purposes of subsection (a)(40)— (1) the term fiscal gap means an economic analysis that— (A) calculates the difference between the present value of all projected future Federal spending, including interest and principal payments on the initial outstanding debt, and the present value of all projected future Federal revenues, over an infinite time horizon; (B) calculates the permanent Federal revenue increases and spending reductions and identifies the combination of fiscal policy options starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; and (C) the increases in the levels of annual rates of economic growth factors, including technological change, labor productivity, and capital deepening, starting in the budget year, and 5, 10, 15, and 25 years after the budget year, needed to eliminate the infinite horizon fiscal gap calculated as of the budget year; (2) the term generation means a 1-year age cohort; (3) the term generational accounting means an economic analysis that calculates— (A) the projected present value lifetime net Federal tax burden facing each living adult generation over 18 years of age; and (B) the present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, assuming— (i) the sum of all present value lifetime net Federal tax burdens facing each current generation of children 18 years of age and under, as well as each future generation, covers the present value of future discretionary spending, including interest and principal payments on the initial outstanding debt, less the sum of all present value lifetime net Federal tax burdens facing living adult generations over 18 years of age; and (ii) the lifetime net Federal tax burden of generations 18 years of age and under, as well as future generations, increases with year of birth at the projected growth rate of labor productivity; and (4) the term net Federal tax burden means the difference between Federal taxes paid and transfer payments received. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2967ih/xml/BILLS-113hr2967ih.xml

113-hr-2968

I 113th CONGRESS 1st Session H. R. 2968 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Sires introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend titles 23 and 49, United States Code, with respect to congestion mitigation and metropolitan transportation planning, and for other purposes. 1. Short title This Act may be cited as the Commute Less Act of 2013 . 2. Metropolitan transportation planning (a) Definitions Section 5303(b) of title 49, United States Code, is amended— (1) by redesignating paragraph (7) as paragraph (9); (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (3) by inserting before paragraph (2) (as so redesignated by paragraph (2) of this subsection) the following: (1) Employer-based commuter program The term employer-based commuter program means a program implemented by an employer that provides employees of that employer with alternatives to driving to and from work in a vehicle occupied by a single individual, including the following: (A) A carpool program. (B) A vanpool program. (C) A transit benefit program. (D) A parking cash-out program. (E) A shuttle program. (F) A telework program. ; and (4) by inserting before paragraph (9) (as so redesignated by paragraph (1) of this subsection) the following: (8) Transportation management organization The term transportation management organization means a local, regional, or statewide association of employers established for the purpose of providing employees of those employers with alternatives to driving to and from work in a vehicle occupied by a single individual. . (b) Development of transportation plan (1) Transportation plan Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following: (I) Employer outreach activities and strategies Proposed activities and strategies to provide outreach to employers and transportation management organizations to facilitate the creation and expansion of employer-based commuter programs. . (2) Participation by interested parties Section 5303(i)(6)(A) of title 49, United States Code, is amended by inserting after the disabled, the following: representatives of employers and transportation management organizations, . (c) Metropolitan TIP Section 5303(j)(2)(A) of title 49, United States Code, is amended by striking the period at the end and inserting , including projects identified in a relevant commuter trip reduction plan developed under subsection (r). . (d) Transportation management areas Section 5303(k)(3) of title 49, United States Code, is amended by adding at the end the following: (C) Employer involvement A process for addressing congestion management under subparagraph (A) shall be developed in coordination with any relevant employer advisory council established under subsection (r) and shall include projects identified in the commuter trip reduction plan of that council. . (e) Employer advisory councils and information clearinghouse Section 5303 of title 49, United States Code, is amended by adding at the end the following: (r) Employer advisory councils (1) In general Each metropolitan planning organization serving a transportation management area shall establish an employer advisory council that consists of representatives of employers in the area served by the metropolitan planning organization. (2) Membership (A) In general An employer advisory council shall consist of not less than 7 representatives of employers and representatives of identified transportation management organizations in the area served by the relevant metropolitan planning organization. (B) Ensuring a diverse cross-section of employers In establishing an employer advisory council, a metropolitan planning organization, to the extent practicable, shall ensure that the membership of the council includes a diverse cross-section of employers from the area served by the organization. (3) Commuter trip reduction plan An employer advisory council established under paragraph (1) shall develop and maintain a commuter trip reduction plan that identifies— (A) commuting patterns in the area served by the relevant metropolitan planning organization; (B) area goals for the reduction of vehicle miles traveled during peak commuting hours; (C) existing and proposed employer-based commuter programs in the area; (D) a series of projects and activities to facilitate achievement of the goals identified under subparagraph (B); and (E) a financing plan for the projects and activities identified under subparagraph (D). (s) Information clearinghouse The Secretary is authorized to make a grant to a national nonprofit organization engaged in efforts relating to employer-based commuter programs or another entity to— (1) establish and operate an information clearinghouse relating to employer investment in transportation and employer-based commuter programs; (2) develop an education program with respect to employer investment in transportation and employer-based commuter programs; and (3) provide technical assistance relating to employer-based commuter programs and disseminate techniques and strategies used by successful employer-based commuter programs. . 3. Congestion mitigation during project construction Section 106 of title 23, United States Code, is amended by adding at the end the following: (k) Congestion mitigation plans (1) Requirement A recipient of Federal financial assistance under this title for a project with an estimated total cost of $75,000,000 or more or that will reduce traffic flow (as defined by the Secretary) for more than 120 days shall prepare a congestion mitigation plan for such project that includes funding for projects to reduce vehicle miles traveled during peak commuting hours along the impacted corridor. (2) Coordination A recipient shall prepare a congestion mitigation plan under paragraph (1) in coordination with any relevant employer advisory council established under section 5303(r) of title 49. (3) Review by Secretary A congestion mitigation plan prepared under paragraph (1) shall be made available to the Secretary for review upon the request of the Secretary. . 4. Employer-based commuter programs action plan (a) In general The Secretary of Transportation shall develop and implement a plan to expand and promote employer-based commuter programs (as defined in section 5303(b) of title 49, United States Code). (b) Contents The plan developed under subsection (a) shall include plans— (1) to amend existing regulations and guidance and, if necessary, develop new regulations and guidance to ensure that employer-based commuter programs are integrated, to the extent possible, into all appropriate Federal transportation programs; (2) to identify best practices with respect to employer-based commuter programs; (3) to research the effectiveness and efficiency of employer-based commuter programs; and (4) to create a national and regional peer exchange program to ensure that developments with respect to employer-based commuter programs are shared and issues are addressed. (c) Timing Not later than 180 days after the date of enactment of this Act, the Secretary shall finalize and begin implementation of the plan developed under subsection (a). (d) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate a report on the implementation and impact of the plan developed under subsection (a). 5. Disaster preparedness report (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate a report with recommendations on how to better integrate employer-based commuter programs (as defined in section 5303(b) of title 49, United States Code) into emergency planning, preparedness, and response activities. (b) Coordination In preparing the report under subsection (a), the Secretary shall consult with— (1) the Administrator of the Federal Emergency Management Agency; and (2) stakeholders, including national and regional organizations and experts that promote employer-based commuter programs.

https://www.govinfo.gov/content/pkg/BILLS-113hr2968ih/xml/BILLS-113hr2968ih.xml

113-hr-2969

I 113th CONGRESS 1st Session H. R. 2969 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Terry (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for the recognition of attending physician assistants as attending physicians to serve hospice patients. 1. Short title This Act may be cited as the Medicare Patient Access to Hospice Act of 2013 . 2. Recognition of attending physician assistants as attending physicians to serve hospice patients (a) Recognition of attending physician assistants as attending physicians To serve hospice patients (1) In general Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (A) by striking or nurse and inserting , the nurse ; and (B) by inserting , or the physician assistant (as defined in such subsection) after subsection (aa)(5)) . (2) Clarification of hospice role of physician assistants Section 1814(a)(7)(A)(i)(I) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A)(i)(I) ) is amended by inserting or a physician assistant after a nurse practitioner . (b) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2969ih/xml/BILLS-113hr2969ih.xml

113-hr-2970

I 113th CONGRESS 1st Session H. R. 2970 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Tipton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To facilitate the remediation of abandoned hardrock mines, and for other purposes. 1. Short title This Act may be cited as the Good Samaritan Cleanup of Abandoned Hardrock Mines Act of 2013 . 2. Findings; purposes (a) Findings Congress finds that— (1) the Federal Government and State governments have encouraged hardrock mining in the United States through a wide variety of laws, policies, and actions; (2) mining operations produce metals and minerals that have important social benefits and values; (3) many areas in the United States at which historic mining operations took place are now the locations of inactive and abandoned mine sites; (4) the mining activities that took place prior to the enactment of modern environmental laws often disturbed public and private land, and those disturbances led to environmental pollution, including the discharge of pollutants into surface water and groundwater; (5) many of the individuals and corporate owners and operators of mines the actions of which caused the pollution described in paragraph (4) are no longer alive or in existence; (6) many of the historic mining sites have polluted the environment for more than a century and, unless remedied, will continue to do so indefinitely; (7) unabated discharges from inactive and abandoned mines will continue to pollute surface water, groundwater, and soils; (8) many of the streams and water bodies impacted by acid mine drainage are important resources for fish and wildlife, recreation, drinking water, agriculture, and other public purposes; (9) some of the remaining owners and operators of historic mine sites do not have adequate resources to properly conduct the remediation of the mine sites under applicable environmental laws; (10) from time to time, States, individuals, and companies are willing to remediate historic mine sites for the public good as Good Samaritans, despite the fact that those States, individuals, and companies are not legally required to do so; (11) Good Samaritan remediation activities may— (A) vary in size and complexity; (B) reflect a myriad of methods by which mine residue may be cleaned up; and (C) include, among other activities— (i) the removal, relocation, or management of tailings or other waste piles; (ii) passive or active water treatment; and (iii) runoff or runon controls; (12) the potential obligations, requirements, and liabilities under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) that may attach to Good Samaritans as the result of the conduct by the Good Samaritans of remediation activities can dissuade potential Good Samaritans from acting for the public good; (13) it is in the interest of the United States, the States, and local communities to remediate historic mine sites— (A) in appropriate circumstances and to the maximum extent practicable; and (B) so that the detrimental environmental impacts of the historic mine sites are lessened in the future; and (14) if appropriate protections are provided to Good Samaritans, Good Samaritans will have a greater incentive to remediate historic mine sites for the public good. (b) Purposes The purposes of this Act are— (1) to encourage the partial or complete remediation of inactive and abandoned mine sites for the public good by individuals or entities that are not legally responsible for the remediation; (2) to allow any individual or entity not legally responsible for environmental conditions relating to an inactive or abandoned mine site— (A) to make further progress toward the goal of meeting water quality standards in all water of the United States; and (B) to improve other environmental media affected by past mining activities at the inactive or abandoned mine site without incurring any obligation or liability with respect to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (3) to ensure that remediation activities performed by Good Samaritans— (A) result in actual and significant environmental benefits; and (B) are carried out— (i) with the approval and agreement, and at the discretion, of affected Federal, State, and tribal authorities; (ii) in a manner that enables the public to conduct a review of, and submit comments relating to, the remediation activities; and (iii) in a manner that is beneficial to the environment and each community affected by the remediation activities; and (4) to further the innovations of, and cooperation among, the Federal Government, State and tribal governments, private individuals, and corporations to accelerate efforts relating to conservation and environmental restoration. 3. Scope Nothing in this Act (or an amendment made by this Act)— (1) reduces any existing liability; or (2) facilitates the conduct of any mining or processing other than the conduct of any mining or processing that is required for the remediation of historic mine residue for the public good. 4. Good samaritan discharge permits Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Good samaritan discharge permits (1) Definitions In this subsection: (A) Cooperating person (i) In general The term cooperating person means any person that— (I) is a Good Samaritan; (II) assists a permittee in the remediation of an inactive or abandoned mine site; and (III) is identified in a Good Samaritan discharge permit issued under paragraph (2). (ii) Inclusion The term cooperating person includes the Federal Government. (B) Eligible applicant The term eligible applicant means a person that— (i) is a Good Samaritan; and (ii) proposes a project, the purpose of which is to remediate, in whole or in part, actual or threatened pollution caused by historic mine residue at an inactive or abandoned mine site. (C) Good Samaritan The term Good Samaritan means a person that, with respect to historic mine residue at an inactive or abandoned mine site— (i) had no role in the creation of the historic mine residue; (ii) had no role in creating any environmental pollution caused by the historic mine residue; and (iii) is not liable under any Federal, State, tribal, or local law for the remediation of the historic mine residue. (D) Historic mine residue (i) In general The term historic mine residue means mine residue or any condition resulting from activities at an inactive or abandoned mine site prior to October 18, 1972, that— (I) causes or contributes to the actual or threatened discharge of pollutants from the inactive or abandoned mine site; or (II) otherwise pollutes the environment. (ii) Inclusions The term historic mine residue includes— (I) ores and minerals that— (aa) were mined during the active operation of an inactive or abandoned mine site; and (bb) contribute to acid mine drainage or other environmental pollution; (II) equipment (including materials in equipment); (III) any waste or material resulting from any extraction, ben­e­fi­ci­a­tion, or other processing activity that occurred during the active operation of an inactive or abandoned mine site; and (IV) any acidic or otherwise polluted flow in surface water or groundwater that originates from an inactive or abandoned mine site. (E) Identifiable owner or operator The term identifiable owner or operator means a person that is— (i) legally responsible under section 301 for a discharge that originates from an inactive or abandoned mine site; and (ii) financially capable of complying with each requirement described in this section and section 301. (F) Inactive or abandoned mine site (i) In general The term inactive or abandoned mine site means a mine site (including associated facilities) that— (I) is located in the United States; (II) was used for the production of a mineral other than coal; (III) has historic mine residue; and (IV) is no longer actively mined on the date on which an eligible applicant submits to a permitting authority a remediation plan relating to an application for a Good Samaritan discharge permit under paragraph (3)(B) for the remediation of the mine site. (ii) Exclusions The term inactive or abandoned mine site does not include a mine site (including associated facilities) that is— (I) in a temporary shutdown; (II) included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ); or (III) the subject of an ongoing or planned remedial action carried out in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (G) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (H) Permittee The term permittee means a person that is issued a Good Samaritan discharge permit under this subsection. (I) Permitting authority (i) In general Except as provided in clause (ii), the term permitting authority means the Administrator. (ii) Exception In the case of a State or Indian tribe with an approved permitting program under paragraph (2)(B), the term permitting authority means the head of the permitting program of the State or Indian tribe. (J) Person The term person includes— (i) an individual; (ii) a firm; (iii) a corporation; (iv) an association; (v) a partnership; (vi) a consortium; (vii) a joint venture; (viii) a commercial entity; (ix) a nonprofit organization; (x) the Federal Government; (xi) a State (including a political subdivision of a State); (xii) an interstate entity; (xiii) a commission; and (xiv) an Indian tribe. (2) Good Samaritan discharge permits (A) In general A permitting authority may issue a Good Samaritan discharge permit to an eligible applicant in concurrence, if applicable, with— (i) the State in which the proposed inactive or abandoned mine site remediation project is located; or (ii) the Federal agency or Indian tribe that owns or has jurisdiction over the site at which the proposed inactive or abandoned mine site remediation project is located. (B) State or tribal programs The Administrator shall approve a State or tribal program for the issuance of Good Samaritan discharge permits if— (i) the State or Indian tribe has, as of the date of enactment of this subsection, authority to issue a permit under subsection (b); and (ii) the State or Indian tribe requests such authority. (3) Permit process (A) Scope An eligible applicant may apply for a Good Samaritan discharge permit to conduct remediation activities at any inactive or abandoned mine site from which there is, or may be, a discharge or a threatened discharge of pollutants into any water of the United States. (B) Remediation plan To apply for a Good Samaritan discharge permit under subparagraph (A), an eligible applicant shall submit to the permitting authority an application that contains a remediation plan that, to the extent known by the eligible applicant as of the date on which the application is submitted, contains— (i) an identification of— (I) the eligible applicant (including any cooperating person) with respect to the remediation plan; (II) the mine site that is the subject of the remediation plan (including such documentation as the permitting authority determines to be sufficient to demonstrate to the permitting authority that the mine site is an inactive or abandoned mine site); and (III) each body of water of the United States that is affected by actual or threatened discharges from the inactive or abandoned mine site; (ii) a description of— (I) the baseline conditions of each body of water described in clause (i)(III) as of the date on which the eligible applicant submits the application, including— (aa) the nature and extent of any adverse impact on the quality of each body of water caused by the drainage of historic mine residue or other discharges from the inactive or abandoned mine site; and (bb) as applicable, the level of any pollutant in each body of water that has resulted in an adverse impact described in item (aa); (II) the conditions of the inactive or abandoned mine site that cause adverse impacts to the quality of each body of water described in clause (i)(III); (III) the reasonable efforts taken by the eligible applicant to identify identifiable owners or operators of the inactive or abandoned mine site that is the subject of the application; (IV) each remediation goal and objective proposed by the eligible applicant, including— (aa) each pollutant to be addressed by the remediation plan; and (bb) each action that the eligible applicant proposes to take that, to the maximum extent reasonable and practicable under the circumstances, will assist in the attainment of each applicable water quality standard; (V) the practices (including a schedule and estimated completion date for the implementation of each practice) that are proposed by the eligible applicant to meet each remediation goal and objective described in subclause (IV), including— (aa) in the case of a new remediation project, the preliminary system design and construction, operation, and maintenance plans relating to the new remediation project; and (bb) in the case of an existing remediation project, available system design and construction, operation, and maintenance plans and any planned improvements with respect to the existing remediation project; (VI) any proposed recycling or reprocessing of historic mine residue to be conducted by the eligible applicant (including a description of how each proposed recycling or reprocessing activity relates to the remediation of an inactive or abandoned mine site); (VII) the monitoring or other forms of assessment that will be undertaken by the eligible applicant to evaluate the success of the practices described in subclause (V) during and after the implementation of the remediation plan, with respect to the baseline conditions; (VIII) each contingency plan that is designed for responding to unplanned adverse events (including the practices to be implemented to achieve each remediation goal and objective described in subclause (IV)); (IX) the legal authority of the eligible applicant to enter, and conduct activities at, the inactive or abandoned mine site that is the subject of the remediation plan; and (X) any public outreach activity to be conducted by the eligible applicant; (iii) an explanation of the manner by which the practices described in clause (ii)(V) are expected to achieve each remediation goal and objective described in clause (ii)(IV); (iv) a schedule for the periodic reporting by the eligible applicant with respect to any progress in implementing the remediation plan; (v) a budget for the remediation plan that includes a description of each funding source that will support the implementation of the remediation plan, including— (I) each practice described in clause (ii)(VIII); (II) each action described in clause (ii)(IV)(bb); and (III) each monitoring or other appropriate activity described in clause (ii)(VII); and (vi) any other additional information requested by the Administrator to clarify the remediation plan and each proposed activity covered by the remediation plan. (C) Certification of plan An application for a Good Samaritan discharge permit submitted by an eligible applicant to a permitting authority under subparagraph (B) shall be signed and certified in a manner consistent with section 122.22 of title 40, Code of Federal Regulations. (D) Investigative measures (i) In general A Good Samaritan discharge permit may include a program of investigative measures to be completed prior to the remediation of the inactive or abandoned mine site that is the subject of the permit if the permitting authority, upon the receipt of the application of an eligible applicant for a Good Samaritan discharge permit, determines the program of investigative measures to be appropriate. (ii) Program requirements Any water sampling included in the program of investigative measures described in clause (i) shall be conducted by an eligible applicant in accordance with any applicable method described in part 136 of title 40, Code of Federal Regulations. (iii) Requirements relating to samples In conducting a program of investigative measures described in clause (i), an eligible applicant shall— (I) ensure that each sample collected under the program is representative of the conditions present at the inactive or abandoned mine site that is the subject of the program; and (II) retain records of all sampling events for a period of not less than 3 years. (iv) Initial plan (I) In general If an eligible applicant proposes to conduct a program of investigative measures, the eligible applicant shall submit to the permitting authority a plan that contains, to the extent known by the eligible applicant as of the date on which the eligible applicant submits the application— (aa) each description required under subclauses (I), (II), and (IV) through (VIII) of subparagraph (B)(ii); (bb) the explanation required under subparagraph (B)(iii); (cc) the schedule required under subparagraph (B)(iv); and (dd) the budget required under subparagraph (B)(v). (II) Responsibility to supplement descriptions An eligible applicant that conducts a program of investigative measures shall, based on the results of the program, supplement each item described in subclause (I), as necessary. (v) Report of results The results of the program of investigative measures shall be— (I) detailed in a report for the permitting agency; and (II) made available by the applicant to any member of the public that requests the report. (vi) Permit modification Based upon the results of the investigative measures, a Good Samaritan discharge permit may be modified pursuant to the permit procedures described in this subsection. (vii) Option to decline remediation A Good Samaritan discharge permit may allow the permittee to decline to undertake remediation based on the results of the investigative sampling program, if— (I) the program of investigative measures is authorized under this subparagraph; and (II) the activities under the program of investigative measures have not resulted in surface water quality conditions, taken as a whole, that are worse than the baseline condition of bodies of water described in subparagraph (B)(ii)(I). (E) Review of application (i) Initial review The permitting authority shall— (I) review each application submitted by an eligible applicant for a Good Samaritan discharge permit; (II) provide to the public, with respect to the Good Samaritan discharge permit— (aa) notice and a reasonable opportunity to comment; and (bb) a public hearing; (III) if the Administrator is the permitting authority, provide a copy of the application to each affected State, Indian tribe, and other Federal agency; and (IV) determine whether the application for the Good Samaritan discharge permit meets each requirement described in subparagraph (B). (ii) Requirements not met If the permitting authority determines that an application for a Good Samaritan discharge permit does not meet each requirement described in subparagraph (B), the permitting authority shall— (I) notify the eligible applicant that the application is disapproved and explain the reasons for the disapproval; and (II) allow the eligible applicant to submit a revised application. (iii) Requirements met If the permitting authority determines that an application for a Good Samaritan discharge permit meets each requirement described in subparagraph (B), the permitting authority shall notify the eligible applicant that the application is accepted. (F) Permit issuance After notice and opportunity for public comment with respect to a Good Samaritan discharge permit proposed by a permitting authority to be issued under this subsection (including any additional requirement that the permitting authority determines would facilitate the implementation of this subsection), the permitting authority may issue a permit to an eligible applicant if— (i) the permitting authority determines that— (I) relative to the resources identified by the eligible applicant for funding the proposed remediation activity, the eligible applicant has made a reasonable effort to identify identifiable owners or operators under subparagraph (B)(ii)(III); (II) no identifiable owner or operator exists (except, with respect to Federal land, where the only identifiable owner or operator is the Federal Government); (III) taking into consideration each funding source (including the amount of each funding source) identified by the eligible applicant for the proposed remediation activity in accordance with subparagraph (B)(v), the remediation plan of the eligible applicant demonstrates that the implementation of the remediation plan will— (aa) assist in the attainment of applicable water quality standards to the extent reasonable and practicable under the circumstances; and (bb) not result in water quality that is worse than the baseline water condition described in subparagraph (B)(ii)(I); (IV) the eligible applicant has provided adequate evidence of financial resources that will enable the eligible applicant to complete the proposed project of the eligible applicant; and (V) the proposed project of the eligible applicant meets the requirements of this section; (ii) any Federal, State, or tribal land management agency with jurisdiction over any inactive or abandoned mine site that is the subject of the proposed permit, or any public trustee for natural resources affected by historic mine residue associated with any inactive or abandoned mine site that is the subject of the proposed permit, does not object to the issuance of the permit; and (iii) if the Administrator is the permitting authority, the affected State or Indian tribe concurs with the issuance of the permit. (G) Deadline relating to approval or denial of application Not later than 180 days after the date of receipt by a permitting authority of an application for a Good Samaritan discharge permit that the permitting authority determines to be complete, the permitting authority shall— (i) issue to the eligible applicant a Good Samaritan discharge permit; or (ii) deny the application of the eligible applicant for a Good Samaritan discharge permit. (H) Modification of permit (i) Approval and disapproval process In accordance with clause (ii), after the date of receipt by a permitting authority of a written request by a permittee to modify the Good Samaritan discharge permit of the permittee, the permitting authority shall approve or disapprove the request for modification. (ii) Permit modification A permit modification that is approved by a permitting authority under this subparagraph shall be— (I) by agreement between the permittee and the permitting authority and, if the Administrator is the permitting authority, the affected State or Indian tribe; (II) subject to— (aa) a period of public notice and comment; and (bb) a public hearing; (III) in compliance with each standard described in subparagraph (F)(i)(III); and (IV) immediately reflected in, and applicable to, the Good Samaritan discharge permit. (4) Contents of permits (A) In general A Good Samaritan discharge permit shall— (i) contain— (I) a remediation plan approved by the permitting authority; and (II) any additional requirement that the permitting authority establishes by regulation under paragraph (10); and (ii) provide for compliance with, and implementation of, the remediation plan and any additional requirement described in clause (i)(II). (B) Scope A Good Samaritan discharge permit shall authorize only those activities that are required for the remediation of historic mine residue at an inactive or abandoned mine site, as determined by the permitting authority. (C) Review A Good Samaritan discharge permit shall contain a schedule for review, to be conducted by the permitting authority, to determine compliance by the permittee with each condition and limitation of the permit. (5) Effect of permit compliance (A) Compliance with Act (i) In general A Good Samaritan discharge permit issued under this subsection shall authorize the permittee, and any cooperating persons, to carry out each activity described in the Good Samaritan discharge permit. (ii) Compliance with permit Compliance by the permittee, and any cooperating persons, with respect to the Good Samaritan discharge permit shall constitute compliance with this Act. (B) Scope of liability Except as provided in paragraph (6), the issuance of a Good Samaritan discharge permit to a permittee relieves the permittee, and any cooperating person, of each obligation and liability under this Act. (6) Failure to comply If a permittee, or any cooperating person fails to comply with any condition or limitation of the permit, the permittee, or cooperating person, shall be subject to liability only under section 309. (7) Termination of permit (A) In general A permitting authority shall terminate a Good Samaritan discharge permit if— (i) the permittee successfully completes the implementation of the remediation plan; or (ii) (I) any discharge covered by the Good Samaritan discharge permit becomes subject to a permit issued for other development that is not part of the implementation of the remediation plan; (II) the permittee seeking termination of coverage, and any cooperating person with respect to the remediation plan of the permittee, is not a participant in the development; and (III) the permitting authority, upon request of the permittee, agrees that the permit should be terminated. (B) Unforseen circumstances (i) In general Except as provided in clause (ii), the permitting authority, in cooperation with the permittee, shall seek to modify a Good Samaritan discharge permit to take into account any event or condition encountered by the permittee if the event or condition encountered by the permittee— (I) significantly reduces the feasibility, or significantly increases the cost, of completing the remediation project that is the subject of the Good Samaritan discharge permit; (II) was not— (aa) contemplated by the permittee; or (bb) taken into account in the remediation plan of the permittee; and (III) is beyond the control of the permittee, as determined by the permitting authority. (ii) Exception If a permittee described in clause (i) does not agree to a modification of the Good Samaritan discharge permit of the permittee, or the permitting authority determines that remediation activities conducted by the permittee pursuant to the permit have resulted or will result in surface water quality conditions that, taken as a whole, are or will be worse than the baseline water conditions described in paragraph (3)(B)(ii)(I), the permitting authority shall terminate the permit. (C) No enforcement liability (i) Discharges Subject to clause (ii), and except as provided in clause (iii), the permittee of a permit, or a cooperating person with respect to the remediation plan of the permittee, shall not be subject to enforcement under any provision of this Act for liability for any past, present, or future discharges at or from the abandoned or inactive mining site that is the subject of the permit. (ii) Other parties Clause (i) does not limit the liability of any person that is not described in clause (i). (iii) Violation of permit prior to termination The discharge of liability for a permittee of a permit, or a cooperating person with respect to the remediation plan of the permittee, under clause (i) shall not apply with respect to any violation of the permit that occurs before the date on which the permit is terminated. (8) Limitations (A) Emergency powers Nothing in this subsection limits the authority of the Administrator to exercise any emergency power under section 504 with respect to persons other than a permittee and any cooperating persons. (B) Prior violations (i) Actions and relief Except as provided in clause (ii), with respect to a violation of this subsection or section 301(a) committed by any person prior to the issuance of a Good Samaritan discharge permit under this subsection, the issuance of the Good Samaritan discharge permit does not preclude any enforcement action under section 309. (ii) Exceptions (I) Scope of permit If a Good Samaritan discharge permit covers remediation activities carried out by the permittee on a date before the issuance of the Good Samaritan discharge permit, clause (i) shall not apply to any action that is based on any condition that results from the remediation activities. (II) Other parties A permittee shall not be subject to any action under sections 309 or 505 for any violation committed by any other party. (C) Obligations of States and indian tribes Except as otherwise provided in this section, nothing in this subsection limits any obligation of a State or Indian tribe described in section 303. (D) Other development (i) In general Any development of an inactive or abandoned mine site (including any activity relating to mineral exploration, processing, beneficiation, or mining), including development by a permittee or any cooperating person, not authorized in a permit issued by the permitting authority under this subsection shall be subject to this Act. (ii) Commingling of discharges The commingling of any other discharge or water with any discharge or water subject to a Good Samaritan discharge permit issued under this subsection shall not limit or reduce the liability of any person associated with the water or discharge that is not subject to the Good Samaritan discharge permit. (E) Recoverable value A Good Samaritan to whom a permit is issued may sell or use materials recovered during the implementation of the plan only if the proceeds of any such sale are used to defray the costs of— (i) remediation of the site addressed in the permit; or (ii) voluntary remediation of any other inactive or abandoned mine site covered by a permit issued under this section. (F) State certification (i) In general Except as provided in clause (ii), to the extent that this subsection relates to water quality standards, certification under section 401 shall not apply to any Good Samaritan discharge permit issued under this subsection. (ii) Exception In any case in which certification under section 401 would otherwise be required, no Good Samaritan discharge permit shall be issued by a permitting authority under this subsection without the concurrence of— (I) the State in which the site of the discharge is located; or (II) the Indian tribe that owns or has jurisdiction over the site on which a remediation project is proposed. (G) State and tribal reclamation programs No State, Indian tribe, or other person shall be required to obtain a Good Samaritan discharge permit pursuant to this subsection for any discharge, including any discharge associated with the remediation of an inactive or abandoned mine site with respect to the conduct of reclamation work under a State or tribal abandoned mine reclamation plan approved under title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq. ). (9) Liability of other parties Nothing in this subsection (including any result caused by any action taken by a permittee or a cooperating person) limits the liability of any person other than a permittee or a cooperating person under this Act or any other law. (10) Regulations (A) In general Subject to subparagraph (B), not later than 1 year after the date of enactment of this subsection, after providing for public notice and an opportunity to comment and a public hearing, the Administrator, in consultation with the Secretary of the Interior and the Secretary of Agriculture, and appropriate State, tribal, and local officials, shall promulgate regulations to establish— (i) generally applicable requirements for remediation plans described in paragraph (3)(B); and (ii) any other requirement that the Administrator determines to be necessary. (B) Specific requirements before promulgation of regulations Before the date on which the Administrator promulgates regulations under subparagraph (A), a permitting authority may establish, on a case-by-case basis, specific requirements that the permitting authority determines would facilitate the implementation of this subsection with respect to a Good Samaritan discharge permit issued to a permittee. (11) Funding (A) Eligibility for Section 319 grants A permittee shall be eligible to apply for a grant under section 319(h). (B) Grants Subject to the availability of appropriated funds, the Administrator may award to any permittee a grant to assist the permittee in implementing a remediation plan with respect to a Good Samaritan discharge permit of the permittee. (12) Report to Congress (A) In general Not later than 1 year before the date of termination of the authority of the permitting authority under paragraph (13), the Administrator shall submit to Congress a report describing the activities authorized by this subsection. (B) Contents The report required under subparagraph (A) shall contain, at a minimum— (i) a description of— (I) each Good Samaritan discharge permit issued under this subsection; (II) each permittee; (III) each inactive or abandoned mine site addressed by a Good Samaritan discharge permit issued under this subsection (including each body of water and the baseline water quality of each body of water affected by each inactive or abandoned mine site); (IV) the status of the implementation of each remediation plan associated with each Good Samaritan discharge permit issued under this subsection (including specific progress that each remediation activity conducted by a permittee pursuant to each Good Samaritan discharge permit has made toward achieving the goals and objectives of the remediation plan); and (V) each enforcement action taken by the Administrator or applicable State or Indian tribe concerning a Good Samaritan discharge permit issued under this subsection (including the disposition of the action); (ii) a summary of each remediation plan associated with a Good Samaritan discharge permit issued under this subsection, including— (I) the goals and objectives of the remediation plan; (II) the budget of the activities conducted pursuant to the remediation plan; and (III) the practices to be employed by each permittee in accordance with the remediation plan of the permittee to reduce, control, mitigate, or eliminate adverse impacts to the quality of applicable bodies of water; and (iii) any recommendations that may be proposed by the Administrator to modify any law (including this subsection and any regulation promulgated under paragraph (10)) to facilitate the improvement of water quality through the remediation of inactive or abandoned mine sites. (13) Termination of authority The authority granted to the permitting authority under this subsection to issue Good Samaritan discharge permits terminates on the date that is 10 years after the date of enactment of this subsection. (14) Severability If any provision of this subsection, or the application of any provision of this subsection to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this subsection, shall not be affected thereby. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2970ih/xml/BILLS-113hr2970ih.xml

113-hr-2971

I 113th CONGRESS 1st Session H. R. 2971 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Tonko introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to encourage the deployment of highly efficient combined heat and power property, and for other purposes. 1. Short title This Act may be cited as the Innovative Energy Systems Act of 2013 . 2. Investment tax credit for highly efficient combined heat and power system property (a) In general Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking and at the end of subclause (III), by redesignating subclause (IV) as subclause (V), and by inserting after subclause (III) the following new subclause: (IV) energy property described in paragraph (3)(A)(viii), and . (b) Treated as energy property Subparagraph (A) of section 48(a)(3) of such Code is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) highly efficient combined heat and power system property, . (c) Highly efficient combined heat and power system property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Highly efficient combined heat and power system property (A) Highly efficient combined heat and power system property The term highly efficient combined heat and power system property means property at an industrial, commercial, or institutional facility comprising a system which— (i) uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications), (ii) has a system design that provides an energy efficiency percentage of at least 70 percent, and (iii) is placed in service before January 1, 2017. (B) Limitation (i) In general In the case of highly efficient combined heat and power system property with an electrical capacity in excess of the applicable capacity, the credit under subsection (a)(1) (determined without regard to this paragraph) with respect to such property for the taxable year in which such property was placed in service shall not exceed the amount which bears the same ratio to such credit as the applicable capacity bears to the capacity of such property. (ii) Applicable capacity For purposes of clause (i), the term applicable capacity means 25 megawatts or a mechanical energy capacity of more than 34,000 horsepower or an equivalent combination of electrical and mechanical capacities. (C) Institutional facility The term institutional facility means a hospital or a facility of an educational organization described in section 170(b)(1)(A)(ii). (D) Commercial facility The term commercial facility shall not include any facility of a utility. . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2971ih/xml/BILLS-113hr2971ih.xml

113-hr-2972

I 113th CONGRESS 1st Session H. R. 2972 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Tonko 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 tax incentives for producing electricity from wasted heat. 1. Short title This Act may be cited as the Heat is Power Act . 2. Energy credit for wasted heat to electricity property (a) In general Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) wasted heat to electricity property, . (b) Wasted heat to electricity property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Wasted heat to electricity property (A) Wasted heat to electricity property The term wasted heat to electricity property means property comprising a system which generates electricity through the recovery of a qualified wasted heat resource. (B) Qualified wasted heat resource defined The term qualified wasted heat resource means— (i) exhaust heat or flared gas from any industrial process, (ii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented, (iii) a pressure drop in any gas, excluding any pressure drop to a condenser that subvents the resulting head, or (iv) such other forms of wasted heat resources as the Secretary may determine. (C) Exception The term qualified wasted heat resource does not include any heat resource from a process whose primary purpose is the generation of electricity utilizing a fossil fuel. . (c) Temporarily 30-Percent energy property Clause (i) of section 48(a)(2)(A) of such Code is amended by striking and at the end of subclause (III) and by adding at the end the following new subclause: (V) energy property described in (3)(A)(viii), but only with respect to periods ending before January 1, 2018, and . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 3. Production credit for electricity produced from wasted heat (a) In general Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , and , and by adding at the end the following new subparagraph: (J) wasted heat. . (b) Wasted heat Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: (11) Wasted heat The term wasted heat means a qualified wasted heat resource (as defined by section 48(c)(5)). . (c) Definition of facility Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Wasted heat facility In the case of a facility using wasted heat to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service before January 1, 2018. . (d) Credit rate Subparagraph (A) of section 45(b)(4) of such Code is amended by striking or (11) and inserting (11), or (12) . (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2972ih/xml/BILLS-113hr2972ih.xml

113-hr-2973

I 113th CONGRESS 1st Session H. R. 2973 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Tonko introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Interior to carry out projects and conduct research on water resources in the Hudson-Mohawk River Basin, to establish a Hudson-Mohawk River Basin Commission, and for other purposes. 1. Short title This Act may be cited as the Hudson-Mohawk River Basin Act of 2013 . 2. Findings Congress finds the following: (1) The Hudson-Mohawk River Basin together with the Erie Canal connects the Great Lakes to the Atlantic Ocean and includes the 13,400 square mile area encompassing five large sub-basins: the Upper Hudson River sub-basin, the Mohawk River sub-basin, the Lower Hudson River sub-basin, the Passaic River sub-basin, and the Raritan River sub-basin. (2) The Hudson-Mohawk River Basin played an essential role in the birth of our Nation and its westward expansion. The water of the Hudson-Mohawk Basin is the ink used to write the early United States history of European settlement and the American Revolution. The Basin’s rivers served as a major transportation corridor connecting the communities along it from the Atlantic Ocean to the Great Lakes. (3) The Hudson-Mohawk River Basin includes the largest metropolitan area of the country: the New York-New Jersey metropolitan area. This metropolitan area, together with the many communities in the Upper Hudson, Mohawk, and Lower Hudson sub-basins, makes the area one of the most densely and heavily populated river basins in the country with over 15,000,000 people. (4) The water resources of the Hudson-Mohawk River Basin are functionally interrelated and their uses are interdependent. A single entity is essential to provide effective communication, coordination, and cooperation among Federal, State, and local governments, non-governmental organizations, and the private sector for this area. (5) The New York-New Jersey Harbor Estuary is a complex natural harbor at the junction of three major water bodies, the New York Bight, the Hudson River and the Long Island Sound. In addition, it receives freshwater inputs from the Raritan and Passaic Rivers. The health and productivity of the New York Bight is affected directly by the quality of the freshwater inputs to the estuary from the Hudson, Passaic, and Raritan Rivers. (6) The headwaters of the Hudson originate within the Adirondack Mountains, a treasured northeastern wilderness area, protected under the New York State constitution since 1894. The Hudson’s path south through the Hudson River Highlands, and the Mohawk’s path south east to its junction with the Hudson, provides the only natural break in the Appalachian Mountain chain. (7) The Mohawk Valley’s abundant natural resources, and fertile floodplain soils provided a rich endowment that first supported the Mohawk nation and the Iroquois Confederacy and later supported European settlement and the development of industry and commerce. (8) The Mohawk River and its watershed drain directly into the Hudson River providing the largest freshwater input to the brackish water mix that characterizes the Hudson River Estuary and supports a biologically rich and productive ecosystem. (9) The Mohawk River is integrated with the Erie Canal along much of its channel. Therefore, tying the operation of the Canal system to the health of the Mohawk and the Hudson Rivers. (10) Individuals in many communities throughout the Basin have experienced devastating flooding that led to tremendous costs for businesses, State, and local governments. A holistic approach to river and stream monitoring, updated floodplain maps, and development of floodplain management strategies based upon improved understanding of the Basin’s hydrology would make communities safer and more resistant and resilient to flood events. (11) Climate change is occurring and, as a result, sea level rise along the United States eastern coastline will increase the vulnerability of coastal communities to storm surge and flooding in the New York-New Jersey harbors and along the major rivers in the Basin. (12) Each of the subwatersheds of the Hudson-Mohawk River Basin receives support of programs administered by Federal, State, regional, and local organizations. (13) There has been little integration of planning and program implementation to address the Hudson-Mohawk River Basin in a holistic manner. (14) New York, New Jersey, Vermont, Massachusetts, and Connecticut have a long history of achievements working together on resource management issues through their memberships in the Delaware River Basin Commission, the Susquehanna River Basin Commission, the Appalachian Regional Commission, the New England Interstate Water Pollution Control Commission, and the Lake Champlain Basin Program. (15) The basin-wide impacts experienced as a result of recent hurricanes and storms illustrate the need for integrated, basin-wide planning to address water management challenges and vulnerability to flooding. (16) Protection and restoration of wetlands, expanded use of green infrastructure, strengthening of dams and levees, and upgrading of wastewater and water treatment infrastructure will be necessary to reduce the impacts of extreme weather events and maintain water quality and public health. (17) Development and implementation of projects to control flooding and improve water quality must be done with the full participation of local communities and citizens, address the needs they identify, and be conducted in a manner that respects private property and is consistent with the authorities of state and local jurisdictions. 3. Definitions (a) Hudson-Mohawk river basin The term Hudson-Mohawk River Basin means the area of drainage of the Hudson, Mohawk, Passaic and Raritan Rivers and their tributaries into the New York-New Jersey Harbor Estuary. This includes areas in New York, New Jersey, Vermont, Massachusetts, and Connecticut. (b) Commission The term Commission means the Hudson-Mohawk River Basin Commission established under section 4. (c) Water resources The term water resources means all surface waters and ground waters contained or otherwise originating within the Hudson-Mohawk River Basin. 4. Hudson-Mohawk River Basin Commission (a) Establishment The President shall— (1) establish the Hudson-Mohawk River Basin Commission in cooperation with the Governors of the States included in the Hudson-Mohawk River Basin to coordinate activities being undertaken by the States, advisory committees, local governments, institutions of higher education, and non-governmental organizations to address environmental, economic, and cultural issues associated with the management and use of resources in the Hudson-Mohawk Watershed; and (2) designate the Secretary of Interior to serve as a member of the Commission and as coordinator of participation of relevant Federal agencies in the activities of the Commission. (b) Membership The Commission shall include a Federal representative designated by the President, and the Governors of the 5 States whose territory is encompassed by the Hudson-Mohawk River Basin and its associated ground waters: New York, New Jersey, Connecticut, Massachusetts, and Vermont. The Governor of each of the 5 States shall appoint an alternate to act on that Governor’s behalf, including attendance at meetings of the Commission and with the power to vote in the absence of the member. (c) Duties of the Commission The Commission shall— (1) develop and implement plans, policies, and projects relating to the water resources of the Hudson-Mohawk River Basin; (2) adopt and promote uniform and coordinated policies for management and conservation of water resources in the Hudson-Mohawk River Basin; (3) adopt an annual capital budget, including all projects the Commission proposes to undertake or continue during the budget period with a statement of the estimated cost of each project and the method of financing the project; and (4) coordinate and direct the development, implementation, operation, and financing of water resources projects consistent with its plans and policies. 5. Comprehensive plan (a) Plan development Not later than 18 months after the date of the enactment of this Act, the Commission shall develop and adopt a comprehensive plan for the development and use of water resources of the Hudson-Mohawk River Basin. In developing the plan the Commission shall— (1) consult with State and Federal agencies with jurisdiction over water resources, local governments, non-governmental organizations, public utilities, water users, and other interested parties; (2) prior to adoption of the plan or any subsequent revision of the plan, publish a draft plan and provide opportunity for public comment; (3) ensure that the plan addresses needs in each of the five sub-basins; and (4) periodically review and revise the plan. (b) Plan contents The plan shall address all projects and facilities required for development, conservation, use, management, and control of the water resources of the Hudson-Mohawk River Basin to meet present and future needs. The plan shall— (1) identify water resource needs in the Hudson-Mohawk River Basin related to water supply, water quality, flooding, ecosystems, fisheries, energy production, navigation, recreation, agriculture, and economic development and establish goals for protection or enhancement of water resources to address the identified needs; (2) inventory the historic and cultural resources of the Hudson-Mohawk River Basin and identify projects to provide for cultural enrichment, preservation of cultural resources, public education about local heritage and historical significance of properties, canals, and other historic sites within the Hudson-Mohawk River Basin; (3) provide a comprehensive assessment of the status of water resources in the Hudson-Mohawk River Basin and identify additional research and information required to support management of water resources in the Hudson-Mohawk River Basin; and (4) provide a mechanism to promote communication and coordination among the organizations engaged in water resource management activities to encourage efficient use of scarce resources, avoid conflicts and inconsistencies, to promote consistent and fair treatment of all water users, and to promote collaborative working relationships among all entities working in the Hudson-Mohawk River Basin. 6. Water resources program The Commission shall adopt a water resources program on an annual basis, based upon the comprehensive plan, that identifies specific projects and facilities to be undertaken by the Commission, other governmental and private entities, educational institutions, non-governmental organizations, and individuals during the immediate 5-year period in each of the five sub-basins. The water resources program shall include a systematic presentation for each of the five sub-basins of— (1) the specific needs to be addressed by the water resources program; (2) the existing and proposed projects, studies, and facilities required to satisfy the identified needs; (3) the subset of projects and studies that will be undertaken by the Commission during such period; and (4) the budget for the identified projects and studies. 7. Savings provisions Nothing in this Act shall be construed to repeal, modify, or limit the authority of— (1) the Federal Government or the State government members of the Commission to enact legislation or enforce any additional conditions or restrictions within their jurisdictions; and (2) local governments to regulate land use as provided for by law or regulation. 8. Authorization of appropriations (a) Commission There is authorized to be appropriated to the Commission $500,000 for each fiscal year to carry out the duties of the Commission. (b) Comprehensive plan There is authorized to be appropriated to the Secretary of Interior $25,000,000 for each of fiscal years 2015 through 2021 to carry out projects consistent with the comprehensive plan that are identified in the annual Hudson-Mohawk Water Resources Program adopted by the Commission in accordance with section 6.

https://www.govinfo.gov/content/pkg/BILLS-113hr2973ih/xml/BILLS-113hr2973ih.xml

113-hr-2974

I 113th CONGRESS 1st Session H. R. 2974 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mrs. Walorski (for herself and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for the eligibility for beneficiary travel for veterans seeking treatment or care for military sexual trauma in specialized outpatient or residential programs at facilities of the Department of Veterans Affairs, and for other purposes. 1. Beneficiary travel for veterans seeking treatment or care for military sexual trauma in specialized outpatient or residential programs of the Department of Veterans Affairs (a) Eligibility Section 111 of title 38, United States Code, is amended— (1) in subsection (b)(1), by adding at the end the following subparagraph: (G) A veteran whose travel to a specialized outpatient or residential program at a Department facility is in connection with treatment or care for military sexual trauma. ; and (2) by adding at the end the following new subsection: (g) In this section: (1) The term military sexual trauma means psychological trauma, which in the judgment of a Department mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training. (2) The term sexual harassment means repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character. . (b) Effective date The amendments made by subsection (a) shall apply with respect to travel occurring after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2974ih/xml/BILLS-113hr2974ih.xml

113-hr-2975

I 113th CONGRESS 1st Session H. R. 2975 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Waters (for herself, Mr. Smith of New Jersey , Mr. Van Hollen , Mr. Grijalva , Ms. Bordallo , Mrs. Christensen , Mr. Lynch , Ms. Loretta Sanchez of California , Ms. Linda T. Sánchez of California , Ms. Jackson Lee , Ms. Sewell of Alabama , Mr. Hastings of Florida , Ms. Wilson of Florida , Mr. Payne , Ms. Norton , Ms. Brown of Florida , Mr. Carson of Indiana , Mr. Connolly , Mr. Rangel , Mr. Farr , Ms. Lee of California , Mr. Hinojosa , Ms. McCollum , Mr. Polis , Mr. David Scott of Georgia , Ms. Clarke , Mr. Ryan of Ohio , Mr. Keating , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize grants for training and support services for Alzheimer’s patients and their families. 1. Short title This Act may be cited as the Alzheimer’s Caregiver Support Act . 2. Grants regarding training and support services for Alzheimer’s patients and their families Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by inserting after section 330L the following: 330M. Grants regarding training and support services for Alzheimer’s patients and their families (a) In general The Secretary may make grants to public and nonprofit private health care providers for the purpose of expanding training and support services for families and caregivers of patients with Alzheimer’s disease. (b) Recipients of grants The public and nonprofit private health care providers to whom grants may be made under subsection (a) include health care organizations, community health centers, nursing homes, senior centers, Area Agencies on Aging, community-based organizations, and State, local, and tribal health agencies and social service agencies. (c) Integration of treatment, training, and support services A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees to employ a comprehensive approach to Alzheimer’s care that integrates treatment of patients with Alzheimer’s disease with training and support services for the patients’ families and caregivers. (d) Coordination The Secretary shall coordinate with the Deputy Assistant Secretary for Women’s Health and the Deputy Assistant Secretary for Minority Health in order to ensure that women, minorities, and patients who live in medically underserved communities (as defined in section 799B(6)) are able to benefit from the training and support services funded through grants under subsection (a). (e) Appropriate cultural context A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees that, in any program to be funded by such grant, services will be provided in the languages most appropriate for, and with consideration for the cultural backgrounds of, the individuals for whom the services are provided. (f) Outreach services A condition for the receipt of a grant under subsection (a) is that the applicant involved agrees to provide outreach activities to inform the public of the services of the program, and to provide information on Alzheimer’s disease. (g) Application for grant A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (h) Funding (1) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2019. (2) Allocation for medically underserved communities Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 10 percent for grants under subsection (a) to applicants that primarily serve medically underserved communities, as defined in section 799B(6). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2975ih/xml/BILLS-113hr2975ih.xml

113-hr-2976

I 113th CONGRESS 1st Session H. R. 2976 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Ms. Waters (for herself, Mr. Smith of New Jersey , Mr. Van Hollen , Mr. Grijalva , Ms. Bordallo , Mrs. Christensen , Mr. Lynch , Ms. Loretta Sanchez of California , Ms. Linda T. Sánchez of California , Ms. Jackson Lee , Ms. Sewell of Alabama , Mr. Hastings of Florida , Ms. Wilson of Florida , Mr. Payne , Ms. Norton , Ms. Brown of Florida , Mr. Carson of Indiana , Mr. Connolly , Mr. Rangel , Mr. Farr , Ms. Lee of California , Mr. Hinojosa , Ms. McCollum , Mr. Polis , Mr. David Scott of Georgia , Ms. Clarke , Mr. Ryan of Ohio , Ms. Ros-Lehtinen , Mr. Keating , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Violent Crime Control and Law Enforcement Act of 1994 to reauthorize the Missing Alzheimer’s Disease Patient Alert Program. 1. Short title This Act may be cited as the Missing Alzheimer’s Disease Patient Alert Program Reauthorization Act of 2013 . 2. Reauthorization of the Missing Alzheimer’s Disease Patient Alert Program Section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181 ) is amended— (1) by amending subsection (a) to read as follows: (a) Grant Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services, shall award competitive grants to nonprofit organizations to assist such organizations in paying for the costs of planning, designing, establishing, and operating locally based, proactive programs to protect and locate missing patients with Alzheimer’s disease and related dementias. ; (2) in subsection (b), by inserting competitive after to receive a ; (3) by amending subsection (c) to read as follows: (c) Preference In awarding grants under subsection (a), the Attorney General shall give preference to national nonprofit organizations that have experience working with patients, and families of patients, with Alzheimer’s disease and related dementias. ; and (4) by amending subsection (d) to read as follows: (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2976ih/xml/BILLS-113hr2976ih.xml

113-hr-2977

I 113th CONGRESS 1st Session H. R. 2977 IN THE HOUSE OF REPRESENTATIVES August 1, 2013 Mr. Whitfield (for himself and Ms. DeGette ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for coverage, as supplies associated with the injection of insulin, of containment, removal, decontamination and disposal of home-generated needles, syringes, and other sharps through a sharps container, decontamination/destruction device, or sharps-by-mail program or similar program under part D of the Medicare program. 1. Short title This Act may be cited as the Medicare Safe Needle Disposal Coverage Act of 2013 . 2. Coverage of containment, removal, decontamination and disposal of home-generated needles, syringes, and other sharps through a sharps container, decontamination/destruction device, or sharps-by-mail program or similar program under Medicare part D (a) In general Section 1860D–2(e)(1)(B) of the Social Security Act (42 U.S.C. 1395w–102(e)(1)(B)) is amended by inserting after regulations of the Secretary the following: and including devices approved for home use by the Food and Drug Administration for the safe and effective containment, removal, decontamination and disposal of home-generated needles, syringes, and other sharps through a sharps container, decontamination/destruction device, or sharps-by-mail program or similar program . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2977ih/xml/BILLS-113hr2977ih.xml

113-hr-2978

I 113th CONGRESS 1st Session H. R. 2978 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Lowenthal introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require States to conduct Congressional 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 Let the People Draw the Lines 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 congressional redistricting to be conducted through plan of independent State commission (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 and enacted into law by the independent redistricting commission established in the State, in accordance with section 5; or (B) if a 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) Exception for States using existing nonpartisan independent commissions (A) Exception Paragraph (1) does not apply to a State in which, under law that is in effect continuously on and after the date of the enactment of this Act, Congressional redistricting is conducted in accordance with a plan developed by a nonpartisan independent commission. (B) Nonpartisan independent status For purposes of this paragraph, a commission shall be considered to be a nonpartisan independent commission if the number of its 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 (as determined with respect to the most recent Statewide election for Federal office held in the State for which such information is available) is equal to the number of its 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 so determined). (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 Let the People Draw the Lines Act of 2013 . 4. Independent redistricting commission (a) Appointment of members (1) In general Each State shall establish an independent redistricting commission composed of 14 members appointed as follows: (A) 5 members from the final majority selection pool (as described in subparagraph (A) of subsection (b)(4)), of whom— (i) 2 shall be appointed by the leader of the party in the upper house of the State legislature whose members are affiliated with the same political party as the individuals in such pool; (ii) 2 shall be appointed by the leader of the party in the lower house of the State legislature whose members are affiliated with the same political party as the individuals in such pool; and (iii) 1 shall be appointed on a random basis by the selection panel described in subsection (b)(1). (B) 5 members from the final minority selection pool (as described in subparagraph (B) of subsection (b)(4)), of whom— (i) 2 shall be appointed by the leader of the party in the upper house of the State legislature whose members are affiliated with the same political party as the individuals in such pool; (ii) 2 shall be appointed by the leader of the party in the lower house of the State legislature whose members are affiliated with the same political party as the individuals in such pool; and (iii) 1 shall be appointed on a random basis by the selection panel described in subsection (b)(1). (C) 4 members from the final independent selection pool (as described in subparagraph (C) of subsection (b)(4)), each of whom shall be appointed on a random basis by the selection panel described in subsection (b)(1). (2) Special rule for states with unicameral legislature In the case of a State with a unicameral legislature— (A) the appointments referred to in clauses (i) and (ii) of paragraph (1)(A) shall be made by the leader of the party in the legislature whose members are affiliated with the same political party as the individuals in the final majority selection pool; and (B) the appointments referred to in clauses (i) and (ii) of paragraph (1)(B) shall be made by the leader of the party in the legislature whose members are affiliated with the same political party as the individuals in the final minority selection pool. (b) Establishment of Selection Pools (1) Initial pool of nominees (A) Development of pool by panel of retired judges Not later than January 1 of each year in which a decennial census is conducted, the highest court of each State shall appoint a panel of retired judges of courts of the State (hereafter referred to as the selection panel ) to develop an initial pool of individuals who are eligible to serve as members of the independent redistricting commission of the State under this Act. (B) Encouraging residents to apply for inclusion in pool The selection panel shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources to encourage individuals to apply for inclusion in the initial pool developed under this paragraph. (C) Individuals within pool The selection panel shall include an individual within the initial pool of eligible individuals under this paragraph if— (i) the individual submits an application to the panel for inclusion in the pool, at such time as the panel may require; and (ii) the individual meets the criteria for eligibility under subsection (c) for service as a member of the independent redistricting commission. (D) Publication of names of applicants and reasons for rejection of inclusion Not later than the first August 10 occurring after its appointment, the selection panel shall make public— (i) the name of each individual who applies to be included in the initial pool under this paragraph; and (ii) in the case of any individual who applies to be included in the pool but is not so included, the reasons for the failure of the panel to include the individual in the pool. (2) Intermediate selection pool (A) Selections from initial pool Not later than the first October 1 occurring after its appointment, the selection panel shall establish and present to the legislature of the State an intermediate selection pool of 60 individuals who are eligible to serve as members of the independent redistricting commission of the State under this Act, consisting of individuals in the following categories: (i) A majority category, consisting of 20 individuals 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 (as determined with respect to the most recent Statewide election for Federal office held in the State for which such information is available). (ii) A minority category, consisting of 20 individuals 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 so determined). (iii) An independent category, consisting of 20 individuals who are not affiliated with either of the political parties described in clause (i) or clause (ii). (B) Factors taken into account in establishing pool In selecting individuals for the intermediate selection pool under this paragraph, the selection panel shall take into consideration the analytical skills of the individuals selected, their ability to work on an impartial basis, and the need for the pool to reflect the representative demographic groups and geographic regions of the State. (C) Determination of political party affiliation For purposes of this section, an individual shall be considered to be affiliated with a political party if the individual has been continuously registered to vote with the party during the 3-year period ending on the date of the individual’s appointment. (3) Removal of individuals from intermediate selection pool by leaders of legislature (A) Removal Not later than the first November 15 occurring after the appointment of the selection panel, each of the following individuals may reduce the number of individuals in the intermediate selection pool under paragraph (2)(A) by removing not more than 2 individuals from each of the 3 categories described in such paragraph: (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 greatest number of seats in the lower house of the State legislature. (iii) The leader of the party with the second greatest number of seats in the upper 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) Special rule for states with unicameral legislature In the case of a State with a unicameral legislature— (i) the leader of the party with the greatest number of seats in the legislature may exercise the removal authority described in clauses (i) and (ii) of subparagraph (A); and (ii) the leader of the party with the second greatest number of seats in the legislature may exercise the removal authority described in clauses (iii) and (iv) of subparagraph (A). (4) Final selection pools Not later than the first November 20 occurring after the appointment of the selection panel, the selection panel shall establish the following final selection pools of individuals who may be appointed to serve on the independent redistricting commission under subsection (a): (A) A final majority selection pool, consisting of 10 individuals selected at random from the majority category under clause (i) of paragraph (2)(A), as reduced under paragraph (3). (B) A final minority selection pool, consisting of 10 individuals selected at random from the minority category under clause (ii) of paragraph (2)(A), as reduced under paragraph (3). (C) A final independent selection pool, consisting of 10 individuals selected at random from the independent category under clause (ii) of paragraph (2)(A), as reduced under paragraph (3). (c) Criteria for Eligibility (1) In general An individual is eligible to serve as a member of an independent redistricting commission if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) The individual has voted in at least 2 of the 3 most recent Statewide general elections held prior to the date of appointment. (C) During the 3-year period ending on the date of the individual’s appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (D) The individual provides the selection panel with a written statement containing the following assurances: (i) An assurance that the individual shall commit to carrying out the individual’s duties under this Act in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (ii) An assurance that, during the covered periods described in paragraph (3), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under such paragraph. (2) Disqualifications An individual is not eligible to serve as a member of the commission if any of the following applies during any of the covered periods described in paragraph (3): (A) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office. (C) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds 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. (D) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an employee of an elected public official, a contractor with the legislature of the State, or a donor to the campaign of any candidate for public office (other than a donor who gives an aggregate amount of less than $10,000 to the candidate with respect to the election). (3) Covered periods described In this subsection, the term covered period means, with respect to the appointment of an individual to the commission, any of the following: (A) The 3-year period ending on the date of the individual’s appointment. (B) The period in which the commission is carrying out its duties. (C) The 3-year period beginning on the date of the commission’s termination. (4) Immediate family member defined In this subsection, 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. (d) Removal; Vacancies (1) Removal After having been served written notice and provided with an opportunity for a response, a member of the commission may be removed by the Governor, with the concurrence of two-thirds of the upper house of the State legislature (or, in the case of a State with a unicameral legislature, the legislature), for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office. (2) Vacancy A vacancy in the commission shall be filled in the manner in which the original appointment was made. (e) Procedures for Conducting Commission Business (1) Chair Members of an independent redistricting commission established under this subsection shall select by majority vote one member who was appointed from the final independent selection pool described in subsection (b)(4)(C) to serve as chair of the commission. 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. (2) Requiring majority approval for actions The independent redistricting commission of a State may not publish and disseminate any draft or final redistricting plan, 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. (3) Quorum A majority of the members of the commission shall constitute a quorum. (f) Deadline Each State shall establish a commission under this section not later than December 31 of each year in which a decennial census is conducted. (g) 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, prioritized according to the following order: (A) Districts shall each have equal population per representative as nearly as practicable, in accordance with the Constitution of the United States. (B) Districts shall comply with the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ). (C) Districts shall be geographically contiguous. (D) To the extent practicable, district boundaries shall minimize the division of any municipality, county, neighborhood, or community of interest. For purposes of this subparagraph, a community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbent officeholders, or political candidates. (E) To the extent practicable, districts shall be geographically compact such that nearby areas of population are not bypassed for more distant areas of population. (F) To the extent practicable, district lines shall use visible geographic features. (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 political party affiliation of the population of a district. (B) The residence of any Member of the House of Representatives or candidate. (b) Public notice and input (1) Use of open and transparent process The commission shall hold each of its meetings in public, shall solicit and take into consideration comments from the public throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Minimum public hearings The commission shall hold, at a minimum, the following public hearings at which members of the public may provide input and comments: (A) A hearing held prior to the development of draft redistricting plans under subsection (c)(1). (B) A hearing held upon the development and publication of such draft redistricting plans, at which the congressional district maps provided under each such plan shall be displayed. (C) A hearing held upon the approval of the final redistricting plan under subsection (c)(2), at which the congressional district maps provided under such plan shall be displayed. (3) Minimum period for public comment after display of maps The commission shall accept and consider comments from the public with respect to congressional district maps displayed at any hearing described in paragraph (2) for not fewer than 30 days after the date of the hearing. (4) Availability of data and software The commission shall make available to the public all of the demographic data used by the commission to develop the proposed redistricting plans, together with any software used to draw maps of proposed districts. (5) Meetings and hearings in various geographic locations To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (c) Process for Enactment of Final Redistricting Plan (1) Publication of draft plans Not later than the first June 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission shall publish and disseminate multiple draft redistricting plans. (2) Period for consideration of public comments After publishing and disseminating the draft redistricting plans under paragraph (1), the commission shall solicit and take into consideration comments from the public on such draft plans during a period of at least 60 days following the date on which such draft plans are published and disseminated. (3) Publication of final plan After taking into consideration comments from the public on the draft redistricting plans, the commission shall publish and disseminate a final redistricting plan for the State, and shall vote on approving such final plan for enactment into law by not later than the first August 15 which occurs after the chief executive of the State receives the State apportionment notice. (4) Enactment The final redistricting plan published and disseminated under paragraph (3) shall be deemed to be enacted into law if— (A) the plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the final selection pools described in section 4(a)(1) approves the plan. 6. Enactment of plan developed by courts (a) State court (1) Development of plan by special master If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 5(c) by the first August 31 which occurs after the chief executive of the State receives the State apportionment notice, the chief election official of the State shall petition the highest court of the State for an order directing the appointment of a special master to develop and present a redistricting plan to the court. (2) Enactment If the highest court of the State approves a redistricting plan developed and presented by a special master under paragraph (1), the plan shall serve as the redistricting plan for the State, and shall be deemed to be enacted on the date on which the court approves the plan. (3) Adherence to criteria applicable to plans of commission In developing a redistricting plan under this subsection, the highest court of a State shall ensure that the plan meets the criteria applicable under paragraphs (1) and (2) of section 5(a) to plans developed by the independent redistricting commission of the State. (b) Federal court (1) Failure of state court to enact plan (A) Notice to court if plan not selected by state court If the chief election official of a State petitions the highest court of the State for an order under subsection (a) and the court does not approve a redistricting plan in accordance with such subsection by the first October 15 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 45 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State, which shall be deemed to be enacted on the date on which the court publishes the plan. (2) Failure of state to establish commission If a State does not establish an independent redistricting commission under section 4 by the deadline set forth in section 4(f)— (A) the State may not establish the commission; and (B) 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 November 30 which occurs after the chief executive of the State receives the State apportionment notice. (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 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 independent redistricting commission shall be established and the commission’s chair shall be appointed prior to the expiration of the 60-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) if the commission fails to enact into law a final redistricting plan in accordance with section 5(c) prior to the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting, the chief election official of the State shall petition the highest court of the State for an order directing the appointment of a special master to develop and present a redistricting plan to the court in accordance with section 6(a); (3) if the chief election official of the State petitions the highest court of the State for an order in accordance with section 6(a), the court shall approve a final redistricting plan in accordance with section 6(a) prior to 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) if the highest court of the State fails to meet the requirements of paragraph (3), a district court of the United States shall develop and publish a final redistricting plan for the State in accordance with section 6(b) prior to 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, 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. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action in an appropriate district court for such relief as may be appropriate to carry out this Act. (2) Availability of private right of action Any elector of a State who is aggrieved by the failure of the State redistricting plan which is enacted into law under section 5(b)(3) to meet the requirements for such a plan under this Act may bring a civil action in an appropriate district court for such relief as may be appropriate to remedy the failure, so long as the elector brings the action during the 45-day period which begins on the date on which the plan is enacted into law. (b) Expedited Consideration In any action brought for 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. (c) 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. (d) 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. (e) Relation to Other Laws (1) Rights and remedies additional to other rights and remedies 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) Voting Rights Act of 1965 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.). 10. 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. 11. Effective date This Act and the amendments made by this Act shall apply with respect to redistricting carried out pursuant to the decennial census conducted during 2020 or any succeeding decennial census.

https://www.govinfo.gov/content/pkg/BILLS-113hr2978ih/xml/BILLS-113hr2978ih.xml

113-hr-2979

I 113th CONGRESS 1st Session H. R. 2979 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Doggett (for himself, Mr. Danny K. Davis of Illinois , Ms. Bass , Mr. Lewis , Mr. Rangel , Mr. McDermott , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part E of title IV of the Social Security Act to preserve the eligibility of a child for kinship guardianship assistance payments when the guardian is replaced by a successor legal guardian named in the kinship guardianship assistance agreement. 1. Short title This Act may be cited as the Guardians for Children Act . 2. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian Section 473(d)(3) of the Social Security Act ( 42 U.S.C. 673(d)(3) ) is amended by adding at the end the following: (C) Eligibility not affected by replacement of guardian with a successor guardian In the event of the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship assistance agreement referred to in paragraph (1) (including in any amendment to the agreement), notwithstanding subparagraph (A) of this paragraph and section 471(a)(28). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2979ih/xml/BILLS-113hr2979ih.xml

113-hr-2980

I 113th CONGRESS 1st Session H. R. 2980 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mrs. McMorris Rodgers introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require certain certifications before funds may be awarded for the operation of a Navigator program under the Patient Protection and Affordable Care Act, and for other purposes. 1. Requiring certain certifications before funds may be awarded for the operation of a Navigator program under ACA No funds may be awarded under section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) to an entity for the operation of a Navigator program under subsection (i) of such section or for facilitation or advocacy for enrollment under subparagraph (B) or (E) of subsection (d)(6) of such section, until the Secretary of Health and Human Services certifies to the Congress that such entity has certified the following with respect to the use of such funds: (1) The entity will not provide advice concerning benefits, terms, and features of a particular qualified health plan or offer advice about which such plan is better or worse or suitable for a particular individual or employer. (2) The entity will not recommend or endorse a particular qualified health plan or advise consumers about which such plan to choose. (3) The entity will not accept any compensation or consideration that is dependent, in whole or in part, on whether an individual enrolls in or purchases such a plan. (4) The entity will not violate any applicable insurance law or regulation of the applicable State or any subpoena or order of the Commissioner of Insurance of that State.

https://www.govinfo.gov/content/pkg/BILLS-113hr2980ih/xml/BILLS-113hr2980ih.xml

113-hr-2981

I 113th CONGRESS 1st Session H. R. 2981 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Collins of New York (for himself, Mr. Kilmer , Mr. Smith of Texas , Ms. Eddie Bernice Johnson of Texas , Mr. Bucshon , and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Small Business , 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 support innovative approaches to technology transfer, and for other purposes. 1. Short title This Act may be cited as the Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 . 2. Innovative approaches to technology transfer Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is amended to read as follows: (jj) Innovative approaches to technology transfer (1) Grant program (A) In general Each Federal agency required by subsection (n) to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research institutions and Federal laboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns, including new businesses. (B) Awarding of grants and awards (i) In general Each Federal agency required by subparagraph (A) to participate in this program, shall award, through a competitive, merit-based process, grants, in the amounts listed in subparagraph (C) to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more such institutions of higher education, Federal laboratories, other public and private nonprofit entities, and consortia thereof, for initiatives that help identify high-quality, commercially viable federally funded research and technologies and to facilitate and accelerate their transfer into the marketplace. (ii) Use of Funds Activities supported by grants under this subsection may include— (I) providing early-stage proof of concept funding for translational research; (II) identifying research and technologies at recipient institutions that have the potential for accelerated commercialization; (III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and collecting performance data; (IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities; and (V) programs to provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential. (iii) Selection process and applications Qualifying institutions seeking a grant under this subsection shall submit an application to a Federal agency required by subparagraph (A) to participate in this program at such time, in such manner, and containing such information as the agency may require. The application shall include, at a minimum— (I) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions, or a demonstration of proven technology transfer and commercialization strategies, or a plan to implement proven technology transfer and commercialization strategies, that can achieve greater commercialization of federally funded research and technologies with program funding; (II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and (III) a plan for sustainability beyond the duration of the funding award. (iv) Program oversight boards (I) In general Successful proposals shall include a plan to assemble a Program Oversight Board, the members of which shall have technical, scientific, or business expertise and shall be drawn from industry, start-up companies, venture capital, technical enterprises, financial institutions, and business development organizations. (II) Program Oversight Boards responsibilities Program Oversight Boards shall— (aa) establish award programs for individual projects; (bb) provide rigorous evaluation of project applications; (cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii); (dd) establish milestones and associated award amounts for projects that reach milestones; (ee) determine whether awarded projects are reaching milestones; and (ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential. (C) Grant and award amounts (i) Grant amounts Each Federal agency required by subparagraph (A) to carry out a grant program may make grants to a qualifying institution for up to $1,000,000 per year for up to 3 years. (ii) Award amounts Each qualifying institution that receives a grant under subparagraph (B) shall provide awards for individual projects of not more than $150,000, to be provided in phased amounts, based on reaching the milestones established by the qualifying institution’s Program Oversight Board. (D) Authorized expenditures for Innovative Approaches to Technology Transfer Grant Program (i) Percentage The percentage of the extramural budget each Federal agency required by subsection (n) to establish an STTR program shall expend on the Innovative Approaches to Technology Transfer Grant Program shall be— (I) 0.05 percent for each of fiscal years 2014 and 2015; and (II) 0.1 percent for each of fiscal years 2016 and 2017. (ii) Treatment of expenditures Any portion of the extramural budget expended by a Federal agency on the Innovative Approaches to Technology Transfer Grant Program shall apply towards the agency’s expenditure requirements under subsection (n). (2) Program evaluation and data collection and dissemination (A) Evaluation plan and data collection Each Federal agency required by paragraph (1)(A) to establish an Innovative Approaches to Technology Transfer Grant Program shall develop a program evaluation plan and collect annually such information from grantees as is necessary to assess the Program. Program evaluation plans shall require the collection of data aimed at identifying outcomes resulting from the transfer of technology with assistance from the Innovative Approaches to Technology Transfer Grant Program, such as— (i) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources; (ii) number of projects which result in a license to a start-up company or an established company with sufficient resources for effective commercialization within 5 years of receiving an award under paragraph (1); (iii) invention disclosures and patents; (iv) number of projects supported by qualifying institutions receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards; (v) available information on revenue, sales or other measures of products that have been commercialized as a result of projects awarded under paragraph (1); (vi) number and location of jobs created resulting from projects awarded under paragraph (1); and (vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan. (B) Evaluative report to congress The head of each Federal agency that participates in the Innovative Approaches to Technology Transfer Grant Program shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate an evaluative report regarding the activities of the program. The report shall include— (i) a detailed description of the implementation of the program; (ii) a detailed description of the grantee selection process; (iii) an accounting of the funds used in the program; and (iv) a summary of the data collected under subparagraph (A). (C) Data dissemination For the purposes of program transparency and dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the Innovative Approaches to Technology Transfer Grant Program, including— (i) the program evaluation plan required under subparagraph (A); (ii) a list of recipients of awards under paragraph (1); and (iii) information on the use of grants under paragraph (1) by recipient institutions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2981ih/xml/BILLS-113hr2981ih.xml

113-hr-2982

I 113th CONGRESS 1st Session H. R. 2982 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Cárdenas (for himself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 direct the Secretary of Education to award grants to State educational agencies to develop comprehensive plans to strengthen elementary and secondary computer science education, and for other purposes. 1. Short title This Act may be cited as the Computer Science in STEM Act of 2013 . 2. Findings The Congress finds the following: (1) Computer science is transforming industry, creating new fields of commerce, driving innovation in all fields of science, and bolstering productivity in established economic sectors. (2) Computer science underpins the information technology sector of the United States economy, which is a significant contributor to the economic output of the United States. (3) The Bureau of Labor Statistics projects that from 2008 through 2018 more than 1,500,000 high-wage computing jobs will be created in the United States economy, making high-wage computing one of the fastest growing occupational fields. (4) The breadth of industries requiring computing professionals is diverse, two-thirds of computing jobs are in sectors other than information technology, including manufacturing, defense, health care, finance, and government. (5) Providing students with computer science education in elementary and secondary school is critical for student success in the 21st century and for strengthening the workforce. (6) Elementary and secondary computer science education gives students a deeper knowledge of the fundamentals of computing, yielding critical thinking skills that will serve them throughout their lives in numerous fields. (7) Computer science courses in elementary and secondary schools are fading from the national landscape at a time when they are most needed. The Computer Science Teachers Association (CSTA) has found that introductory secondary school computer science courses have decreased in number by 17 percent since 2005 and the number of Advanced Placement (AP) computer science courses has decreased by 33 percent. (8) Significant disparities in access to computer science education exist for minorities. Research in the Los Angeles Unified School District, the second largest and one of the most diverse school districts in the United States, found college-preparatory computer science courses were commonly missing in schools with high numbers of Latino and African-American students. (9) Only 14 States allow computer science courses to count toward a student’s secondary school graduation requirements, chilling student interest in computer science courses. (10) The CSTA has found that many States do not have a certification or licensure process for computer science teachers, and where certification processes do exist, such processes often have no connection to computer science content. (11) Computer science education has been encumbered by confusion regarding the related but distinct concepts of computer science education, technology education, and the use of technology in education. (12) Computer science education courses have often been placed within the vocational education pathways in schools, creating a focus on applied information technology skills rather than a focus on developing core computer science knowledge. (13) With the growing importance of computing in society, the need for students to understand the fundamentals of computing, and the significant challenges computer science education faces in elementary and secondary education, broad support for computer science education is needed to catalyze reform. 3. Amendment to the America COMPETES Reauthorization Act of 2010 Section 2(2) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621 note) is amended by inserting , and computer science after and mathematics . 4. State comprehensive planning grants (a) Program authorized The Secretary of Education shall award grants to State educational agencies to develop comprehensive plans to strengthen elementary and secondary computer science education in accordance with this section. (b) Objectives A comprehensive plan developed under this section shall outline strategies for achieving the following objectives: (1) Provide an engaging and rigorous computer science education intended to ensure students are prepared for the 21st century. (2) Assess the State’s needs for computer science education, particularly for underrepresented populations. (3) Ensure access to computer science courses, particularly at low-performing schools and for low-income students and students underrepresented in computing. (4) Ensure that students are exposed to grade-appropriate computer science concepts in kindergarten through grade 12 and that computer science courses at the secondary level are viewed as part of the core curriculum students need to be ready for postsecondary education and careers. (5) Ensure that teachers have the appropriate background, skills, and access to resources to teach computer science. (c) Contents of comprehensive plans A State educational agency that receives a grant under subsection (a) shall develop a comprehensive plan that meets the objectives described in subsection (b) and includes the following: (1) An assessment of elementary and secondary computer science education in such State. (2) Proposals to improve elementary and secondary computer science education in such State through the development and implementation of— (A) challenging and grade-appropriate academic content standards for computer science at elementary and secondary education levels; (B) grade-appropriate assessments of computer science learning; (C) programs to increase access to computer science courses for students at low-performing schools and students underrepresented in computing; (D) improved computer science teacher certification or licensure requirements and processes; (E) professional development programs for computer science teachers; and (F) programs for ensuring that computer science courses at the secondary level are considered an integral part of the curriculum students need to be well prepared for higher education and employment. (d) Consultation In developing a comprehensive plan under this section, a State educational agency shall collaborate with representatives of institutions of higher education, with other interested parties, and, where they exist in such State, with State P–16 or P–20 councils. (e) Duration of grants The Secretary shall award each grant under subsection (a) for a period of 2 years. (f) Funding structure (1) In general The Secretary shall award grants under subsection (a) proportionally among the State educational agencies that apply for grant funding under this section based on the number of low-income children served by the State educational agency compared to the total number of low-income children served by all of the State educational agencies that apply for grant funding under this section. (2) Counting low-income children (A) Categories of children The number of low-income children to be counted for purposes of this section is the aggregate of— (i) the number of children aged 5 to 17, inclusive, in the State from families below the poverty level, as determined by the Secretary on the basis of the most recent satisfactory data; (ii) the number of children (determined for either the preceding year or for the second preceding year, as the Secretary finds appropriate) aged 5 to 17, inclusive, in the State in institutions for neglected and delinquent children (other than such institutions operated by the United States); and (iii) the number of children aged 5 to 17, inclusive, in the State from families above the poverty level as determined under paragraph (4)(A) of section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(4) ). (B) Methodology In making computations under subparagraph (A), the Secretary shall use the methodology described in paragraphs (3) through (5) of section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). (3) Minimum grant Notwithstanding paragraph (1), each State educational agency approved by the Secretary to receive a grant under this section shall receive a minimum grant of $250,000. (g) Authorization of appropriations There is authorized to be appropriated such sums as necessary, subject to the availability of appropriations, to carry out this section. 5. Implementation grants (a) Program authorized The Secretary shall award grants to State educational agencies in accordance with this section to implement computer science education improvements proposed in comprehensive plans that meet the requirements of subsections (b) and (c) of section 4. (b) Benchmarks Each State educational agency applying for a grant under this section shall— (1) develop quantifiable benchmarks for the activities supported under such grant, which may include benchmarks for increasing— (A) student knowledge and competency of grade-appropriate computer science concepts; (B) the number of students that take computer science courses; (C) the diversity of students who take computer science courses; (D) the number of students who plan to pursue postsecondary computer science degrees; (E) the diversity of students who plan to pursue postsecondary computer science degrees; and (F) the number of teachers who are certified to teach computer science; and (2) submit such quantifiable benchmarks to the Secretary for approval. (c) Activities Grant funds received under this section shall be used by each State educational agency for the development and implementation of— (1) challenging and grade-appropriate academic content standards for computer science; (2) grade-appropriate assessments of computer science learning; (3) programs to increase access to computer science courses for students at low-performing schools and students underrepresented in computing; (4) improved computer science teacher certification requirements and processes; (5) professional development programs for computer science teachers; (6) programs for ensuring that computer science courses at the secondary level are considered an integral part of the curriculum students need to be well prepared for higher education and employment; (7) effective computer science curricula; (8) computer science distance learning programs; and (9) such other activities that strengthen computer science education and that such State educational agency considers appropriate. (d) Administrative expenses A State educational agency may use not more than five percent of a grant received under this section for administrative expenses. (e) Partnerships In performing the activities required under subsection (c), each State educational agency shall partner with institutions of higher education and local educational agencies, and may partner with nonprofit organizations, businesses, and other State educational agencies. (f) Non-Federal share (1) In general Each State educational agency receiving a grant under this section shall provide a non-Federal share, in cash or in-kind, of the funding for the activities described in subsection (c) of not less than 20 percent of the total cost of such activities in any fiscal year. (2) Financial hardship waiver The Secretary may reduce or waive the requirement to provide a non-Federal share under paragraph (1) for a State educational agency if such State educational agency demonstrates a need for such waiver or reduction due to extreme financial hardship. (g) Duration of grants The Secretary shall award each grant under subsection (a) for a period of five years. (h) Subsequent grants At the end of the 5-year period for a grant, the grant recipient may apply for an additional grant under this section by submitting an updated comprehensive plan that meets the requirements of subsections (b) and (c) of section 4. In considering an application for a subsequent grant under this section, the Secretary shall take into consideration the reports filed under subsection (l). (i) Competitive basis; priority The Secretary shall— (1) award grants for a fiscal year on a competitive basis among State educational agencies that meet the requirements for funding under this section; and (2) give priority to State educational agency proposals that include an emphasis on serving low-performing schools and on increasing participation in computer science by students underrepresented in computing. (j) Funding Priority In allocating grant funds received under this section, a State educational agency shall give priority to proposals that include an emphasis on serving low-performing schools and on increasing participation in computer science by students underrepresented in computing. (k) Supplement, not supplant Funds made available to carry out this section shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities described in this section. (l) Reports Each State educational agency receiving a grant under this section shall— (1) measure the progress of such State educational agency in achieving the benchmarks developed under subsection (b)(1); (2) collect data relating to student-related benchmarks developed under subsection (b)(1) in a form that is disaggregated by student race, ethnicity, gender, disability status, migrant status, English proficiency status, and low-income status, except that such disaggregation shall not be required when the number of students in a category is insufficient to yield statistically reliable results or the results would reveal personally identifiable information about an individual student; (3) collect such other performance information as the Secretary may reasonably require for the national evaluation conducted under section 6; (4) submit a report to the Secretary addressing each item in paragraphs (1) through (3) not later than four years after the date on which the State educational agency receives an initial grant under this section; and (5) not later than two years after the date of the submission of the report required under paragraph (4), and biennially thereafter until the State educational agency no longer receives grant funding under this section, submit to the Secretary an update of such report. (m) Guidance The Secretary shall provide guidance to State educational agencies regarding acceptable data sources and methodologies for— (1) establishing performance benchmarks; and (2) measuring progress by State educational agencies receiving grants under this section. 6. National evaluation (a) In general Not earlier than 4 years after the date of the enactment of this Act, the Secretary shall contract with an independent organization for a comprehensive, scientifically valid, and quantitative evaluation of the performance and effectiveness of the activities funded by grants received under this Act in improving the availability and quality of computer science education, the overall participation rate of students in computer science courses, and the participation rate of students underrepresented in computing in computer science courses. (b) Reporting requirements (1) Initial report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the evaluation described in subsection (a). (2) Report updates Not later than 2 years after the date on which the Secretary submits the report required under paragraph (1), and biennially thereafter, the Secretary shall submit to Congress an update of such report. 7. Expanding teacher preparation programs for computer science teachers (a) Subpart heading Part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6661 et seq. ) is amended by inserting at the end the following: 2 Model Teacher Preparation Program . (b) Computer science model teacher preparation program Insert after the subpart 2 heading the following: 2211. Computer science model teacher preparation program (a) Establishment The Secretary is authorized to award grants to institutions of higher education to improve training for elementary school and secondary school computer science teachers. (b) Eligibility The Secretary shall award a grant under this section to an institution of higher education that— (1) has, at minimum— (A) a program in teacher education; and (B) a program in computer science or informatics; and (2) submits an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Use of funds An institution of higher education that receives a grant under the section shall use the grant funds to carry out not less than one of the following activities: (1) Develop courses for undergraduate students that— (A) prepare such students to teach computer science in elementary schools and secondary schools; (B) address content and pedagogy in informatics or computer science education; and (C) engage the teacher education department and other relevant departments at the institution of higher education. (2) Develop and fund teacher mentoring programs to support elementary school and secondary school computer science teachers who are new to the profession. (d) Duration of grants Each grant awarded by the Secretary under this section shall be for a period of 5 years. (e) Report Not later than 180 days after the conclusion of the grant period described under subsection (d), an institution of higher education that receives a grant under this section shall submit to the Secretary and Congress a report that— (1) identifies the number of teachers served under the grant; (2) identifies the number of teachers described in paragraph (1) who obtain a teaching position in a computer science classroom; and (3) evaluates the activities carried out under this section. . (c) Technical amendment The table of contents for such Act is amended by inserting before the item relating to part C of title II the following: Subpart 2—Model teacher preparation program Sec. 2211. Computer science model teacher preparation program. . 8. Computer science in the Robert Noyce teacher scholarship program Section 10 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–1 ) is amended— (1) by striking and mathematics and inserting mathematics, informatics, and computer science in each place it appears; (2) in subsection (a)(3)(B), by striking or mathematics and inserting mathematics, informatics, and computer science ; (3) in subsections (b)(1)(D)(i), (c)(1)(A), (d)(1), and (i)(7) by striking or mathematics in each place it appears and inserting mathematics, informatics, or computer science ; and (4) in subsection (i)(5), by striking or mathematics and inserting mathematics, or computer science . 9. Definitions In this Act: (1) Computer science The term computer science means the study of computers and algorithmic processes and includes the study of computing principles, computer hardware and software design, computer applications, and the impact of computers on society. (2) Computer science education The term computer science education includes computing education in any of the following: (A) Software design. (B) Hardware design. (C) Creation of digital artifacts. (D) Abstraction. (E) Logic. (F) Algorithm development and implementation. (G) Programming paradigms and languages. (H) Theoretical foundations. (I) Networks. (J) Graphics. (K) Databases and information retrieval. (L) Information security and privacy. (M) Artificial intelligence. (N) The relationship between computing and mathematics. (O) The limits of computation. (P) Applications in information technology and information systems. (Q) The social impacts of computing. (3) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) Local educational agency The term local educational agency — (A) subject to subparagraph (B), has the meaning given that term in section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) ); and (B) includes any charter school (as defined in section 5210(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i(1) )) that constitutes a local educational agency under State law. (5) Secretary The term Secretary means the Secretary of Education. (6) State educational agency The term State educational agency has the meaning given that term in section 9101(41) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(41) ). (7) Students underrepresented in computing The term students underrepresented in computing — (A) means populations historically underrepresented in computer science disciplines; and (B) includes females, racial minorities, and low-income students.

https://www.govinfo.gov/content/pkg/BILLS-113hr2982ih/xml/BILLS-113hr2982ih.xml

113-hr-2983

I 113th CONGRESS 1st Session H. R. 2983 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. Schakowsky (for herself, Mr. Cartwright , Mr. Blumenauer , Mr. Conyers , Mr. Huffman , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act to require testing of underground sources of drinking water in connection with hydraulic fracturing operations, and for other purposes. 1. Short title This Act may be cited as the Safe Hydration is an American Right in Energy Development Act of 2013 . 2. Testing of underground drinking water sources in connection with hydraulic fracturing operations (a) In general Section 1421(b)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300h(b)(1) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) shall prohibit the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities unless the person proposing to conduct the hydraulic fracturing operations agrees to conduct testing and report data in accordance with section 1421A. . (b) Testing and reporting requirements Part C of the Safe Drinking Water Act is amended by inserting after section 1421 of such Act ( 42 U.S.C. 300h ) the following: 1421A. Testing of underground drinking water sources in connection with hydraulic fracturing operations (a) Requirements Regulations under section 1421(a) for State underground injection control programs shall, in connection with the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities, require any person conducting such operations— (1) to conduct testing of underground sources of drinking water in accordance with subsections (c) and (d)— (A) with respect to a site where, as of the date of enactment of this section, underground injection has not commenced for the first time— (i) prior to commencement of underground injection at the site for the first time; (ii) at least once every 6 months during the period beginning at the commencement of underground injection described in clause (i) and ending at the cessation of such hydraulic fracturing operations; and (iii) at least once every 12 months during the 5-year period following the end of the period described in clause (ii); (B) with respect to a site where, as of the date of enactment of this section, there is no active underground injection, but underground injection has previously occurred at the site— (i) prior to renewing underground injection at the site; (ii) at least once every 6 months during the period beginning at such renewal of underground injection and ending at the cessation of such hydraulic fracturing operations; and (iii) at least once every 12 months during the 5-year period following the end of the period described in clause (ii); and (C) with respect to a site where, as of the date of enactment of this section, such hydraulic fracturing operations are occurring— (i) at least once every 6 months during the period beginning on the date of enactment of this section ending at the cessation of such hydraulic fracturing operations; and (ii) at least once every 12 months during the 5-year period following the end of the period described in clause (i); and (2) to submit reports to the Administrator on the results of testing under subparagraph (A), (B), or (C) of paragraph (1) within 2 weeks of such testing. (b) Exception The testing and reporting requirements of subsection (a) do not apply with respect to hydraulic fracturing operations if there is no accessible underground source of drinking water within a radius of one mile of the site where the operations occur. (c) Sampling locations Testing required pursuant to subsection (a) shall occur— (1) at all accessible underground sources of drinking water within a radius of one-half mile of the site where the hydraulic fracturing operations occur; and (2) if there is no accessible underground source of drinking water within such radius, at the nearest accessible underground source of drinking water within a radius of one mile of such site. (d) Testing Testing required pursuant to subsection (a) shall— (1) be conducted by one or more laboratories certified pursuant to the Environmental Protection Agency’s program for certifying laboratories for analysis of drinking water contaminants; and (2) include testing for any hazardous substance, pollutant, contaminant, or other factor that the Administrator determines would indicate damage associated with hydraulic fracturing operations. (e) Database; public accessibility (1) Database The Administrator shall establish and maintain a database of the results reported pursuant to subsection (a)(2). (2) Public accessibility The Administrator shall make such database publicly accessible on the Website of the Environmental Protection Agency. (3) Public searchability The Administrator shall make such database searchable by zip code, allowing members of the public to easily identify all sites for which reports are submitted pursuant to subsection (a)(2). (f) Definition In this section, the term accessible underground source of drinking water means an underground source of drinking water to which the person conducting the hydraulic fracturing operations can reasonably gain access. . (c) Conforming amendment Section 1421(d)(1)(B)(ii) of the Safe Drinking Water Act ( 42 U.S.C. 300h(d)(1)(B)(ii) ) is amended by inserting except as provided in subsection (b)(1)(E) of this section and section 1421A, before the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities .

https://www.govinfo.gov/content/pkg/BILLS-113hr2983ih/xml/BILLS-113hr2983ih.xml

113-hr-2984

I 113th CONGRESS 1st Session H. R. 2984 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Chaffetz (for himself and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To rename the Bureau of Prisons as the Bureau of Corrections. 1. Short title This Act may be cited as the The Bureau of Corrections Renaming Act of 2013 . 2. Renaming of Bureau of Prisons (a) In general The Bureau of Prisons in the Department of Justice is renamed the Bureau of Corrections . (b) Conforming amendments to certain provisions of law containing the term Bureau of Prisons Each of the following provisions of law is amended by striking Bureau of Prisons each place it appears and inserting Bureau of Corrections : (1) Section 6103 of the Internal Revenue Code of 1986. (2) Section 6116 of the Internal Revenue Code of 1986. (3) Section 456 of the Military Selective Service Act. (4) Rule 32 of the Federal Rules of Criminal Procedure. (5) Section 8331 of title 5, United States Code. (6) Section 8401 of title 5, United States Code. (7) Section 1793 of title 18, United States Code. (8) Section 3050 of title 18, United States Code. (9) Section 3552 of title 18, United States Code. (10) Section 3553 of title 18, United States Code. (11) Section 3582 of title 18, United States Code. (12) Section 3597 of title 18, United States Code. (13) Section 3563 of title 18, United States Code. (14) Section 3600 of title 18, United States Code. (15) Section 3621 of title 18, United States Code. (16) Section 3622 of title 18, United States Code. (17) Section 3623 of title 18, United States Code. (18) Section 3624 of title 18, United States Code. (19) Section 3672 of title 18, United States Code. (20) Section 4001 of title 18, United States Code. (21) Section 4012 of title 18, United States Code. (22) Section 4014 of title 18, United States Code. (23) Chapter 303 of title 18, United States Code. (24) Section 4082 of title 18, United States Code. (25) Section 4248 of title 18, United States Code. (26) Section 4321 of title 18, United States Code. (27) Section 4351 of title 18, United States Code. (28) Section 5003 of title 18, United States Code. (29) Section 994 of title 28, United States Code. (30) Section 2022 of title 38, United States Code. (31) Section 2023 of title 38, United States Code. (32) Section 202 of Public Law 90–284 . (33) Section 31921 of Public Law 103–322 . (34) Section 3 of Public Law 106–546 . (35) Section 4 of Public Law 106–546 . (36) Section 4 of Public Law 106–560 . (37) Section 7 of Public Law 108–79 . (38) Section 8 of Public Law 108–79 . (39) Section 3 of Public Law 110–199 . (40) Section 213 of Public Law 110–199 . (41) Section 214 of Public Law 110–199 . (42) Section 231 of Public Law 110–199 . (c) Treatment of other references to Bureau of Prisons Each reference to the Bureau of Prisons in the laws and regulations of the United States, other than those amended in subsection (b), shall be deemed a reference to the Bureau of Corrections.

https://www.govinfo.gov/content/pkg/BILLS-113hr2984ih/xml/BILLS-113hr2984ih.xml

113-hr-2985

I 113th CONGRESS 1st Session H. R. 2985 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Chaffetz (for himself, Mr. Coble , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 505 of the Federal Food, Drug, and Cosmetic Act to provide incentives for the development of new combination drugs. 1. Short title This Act may be cited as the Combination Drug Development Incentive Act of 2013 . 2. Applicability to combination drugs submitted under a new drug application (a) In general Clause (ii) of section 505(c)(3)(E) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E)(ii) ) is amended— (1) by striking (ii) If an application submitted under subsection (b) for a drug, no active ingredient (including any ester or salt of the active ingredient) of which has been approved in any other application under subsection (b), and inserting (ii)(I) If an application submitted under subsection (b) for a drug, and described in subclause (II) or (III), ; and (2) by adding at the end the following: (II) An application is described in this subclause if no active ingredient (including any ester or salt of the active ingredient) of the drug for which the application has been submitted has been approved in any other application under subsection (b). (III) An application is described in this subclause if— (aa) the application contains reports of new clinical investigations (other than bioavailability studies) essential to the approval of the application and conducted or sponsored by the applicant; (bb) the application is for a drug which contains a combination of active ingredients; and (cc) no such combination of active ingredients has been approved in any other application under subsection (b). . (b) Applicability Subclause (I) of section 505(c)(3)(E)(ii) of the Federal Food, Drug, and Cosmetic Act, as designated by subsection (a)(1), is amended by striking is approved after the date of the enactment of this clause and inserting is approved after January 1, 2014, in the case of an application described in subclause (II) or subclause (III) . (c) Conforming amendment Clause (iii) of section 505(c)(3)(E) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) ) is amended by striking If and inserting Except as provided in clause (ii), if . 3. Applicability to combination drugs submitted under an abbreviated new drug application (a) In general Clause (ii) of section 505(j)(5)(F) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(F) ) is amended— (1) by striking (ii) If an application submitted under subsection (b) for a drug, no active ingredient (including any ester or salt of the active ingredient) of which has been approved in any other application under subsection (b), and inserting (ii)(I) If an application submitted under subsection (b) for a drug, and described in subclause (II) or (III), ; and (2) by adding at the end the following: (II) An application is described in this subclause if no active ingredient (including any ester or salt of the active ingredient) of the drug for which the application has been submitted has been approved in any other application under subsection (b). (III) An application is described in this subclause if— (aa) the application contains reports of new clinical investigations (other than bioavailability studies) essential to the approval of the application and conducted or sponsored by the applicant; (bb) the application is for a drug which contains a combination of active ingredients; and (cc) no such combination of active ingredients has been approved in any other application under subsection (b). . (b) Applicability Subclause (I) of section 505(j)(5)(F) of the Federal Food, Drug, and Cosmetic Act, as designated by subsection (a)(1), is amended by striking is approved after the date of the enactment of this subsection and inserting is approved after January 1, 2014, in the case of an application described in subclause (II) or subclause (III) . (c) Conforming amendment Clause (iii) of section 505(j)(5)(F) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(F) ) is amended by striking If and inserting Except as provided in clause (ii), if .

https://www.govinfo.gov/content/pkg/BILLS-113hr2985ih/xml/BILLS-113hr2985ih.xml

113-hr-2986

I 113th CONGRESS 1st Session H. R. 2986 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. Bonamici (for herself and Mr. Jones ) 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 extend the temporary Medicare payment rate floor for primary care services of primary care physicians to nurse practitioners, clinical nurse specialists, physician assistants, and certified nurse-midwives under the Medicaid program, and for other purposes. 1. Short title This Act may be cited as the Protecting Access to Primary Care Act . 2. Extension of temporary Medicare payment rate floor to primary care services furnished by health care practitioners under Medicaid (a) In general Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) ) is amended— (1) by inserting or a health care practitioner who is a nurse practitioner, physician assistant, or clinical nurse specialist (as such terms are defined in section 1861(aa)(5)) or a certified nurse midwife (as defined in section 1861(gg)(2)) after pediatric medicine ; and (2) by striking such services and physician and inserting such services and physician or health care practitioner . (b) Effective date The amendments made by subsection (a) shall apply to items and services furnished on or after the first day of the first calendar quarter that begins after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2986ih/xml/BILLS-113hr2986ih.xml

113-hr-2987

I 113th CONGRESS 1st Session H. R. 2987 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Fitzpatrick 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 phasedown the credit for electricity produced from wind. 1. Short title This Act may be cited as the PTC Certainty and Phaseout Act of 2013 . 2. Extension and phasedown of production credit for electricity produced from wind (a) Extension Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 in paragraph (1) and inserting January 1, 2020 . (b) Phasedown of credit Subsection (b) of section 45 of such Code is amended by adding at the end the following new paragraph: (5) Phasedown of credit for wind energy (A) In general In the case of facilities to which subsection (d)(1) applies and the construction of which begins after December 31, 2013, the number of cents taken into account under subsection (a) for calendar years ending after such date (determined after the application of the preceding paragraphs of this subsection and without regard to this paragraph) shall be only the applicable percentage of such number for such year. If any amount determined under the preceding sentence is not a multiple of 0.01 cent, such amount shall be rounded to the nearest multiple of 0.01 cent. (B) Applicable percentage For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: Year construction The applicable  begins: percentage is: 2014 100 2015 90 2016 80 2017 70 2018 60 2019 60. . (c) Effective date The amendments made by this section shall apply to property originally placed in service on or after January 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2987ih/xml/BILLS-113hr2987ih.xml

113-hr-2988

I 113th CONGRESS 1st Session H. R. 2988 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Lipinski (for himself, Mr. Barrow of Georgia , Ms. Duckworth , Mr. Matheson , Mr. McIntyre , Mr. Peterson , and Mr. Schrader ) 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 modify the definition of full-time employee for purposes of the employer mandate in the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Forty Hours Is Full Time Act of 2013 . 2. Definition of full-time employee Section 4980H(c) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (2)(E), by striking by 120 and inserting by 174 ; and (2) in paragraph (4)(A) by striking 30 hours and inserting 40 hours .

https://www.govinfo.gov/content/pkg/BILLS-113hr2988ih/xml/BILLS-113hr2988ih.xml

113-hr-2989

I 113th CONGRESS 1st Session H. R. 2989 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. McGovern (for himself, Mr. Lewis , Ms. Schakowsky , Mr. Fitzpatrick , Mr. Conyers , Mr. Michaud , Mr. Ellison , Mr. Grijalva , Ms. Moore , Ms. Edwards , Ms. McCollum , Mr. DeFazio , Ms. Clarke , Mr. Nadler , Mr. Honda , Mr. Danny K. Davis of Illinois , Ms. DeLauro , Mr. Clay , Ms. Lee of California , Ms. Eshoo , Mr. Bishop of New York , Mr. Farr , Ms. Waters , Mr. Welch , Mr. Pocan , Mr. Price of North Carolina , Mr. Blumenauer , Ms. Slaughter , Mr. Tonko , Mr. Payne , Mr. George Miller of California , Mr. Yarmuth , Ms. Wilson of Florida , Mr. Tierney , Mr. Serrano , Mr. McDermott , Mr. Polis , Mr. Rangel , Mr. Waxman , and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To suspend the authority for the Western Hemisphere Institute for Security Cooperation (the successor institution to the United States Army School of the Americas) in the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Latin America Military Training Review Act . 2. Suspension of authority for Western Hemisphere Institute for Security Cooperation (a) Suspension of institute The Secretary of the Army shall suspend the operation of the Western Hemisphere Institute for Security Cooperation until the submission of the report under section 4(e). (b) Suspension of authority The authority of the Secretary of Defense to operate an education and training facility under section 2166 of title 10, United States Code, is suspended until the submission of the report under section 4(e). (c) Limitation on establishment of new education and training facility No training or education facility may be established in the Department of Defense for Latin American military personnel (as a successor to the United States Army School of the Americas, the Western Hemisphere Institute for Security Cooperation, or otherwise) until the submission of the report under section 4(e). 3. Joint congressional task force (a) Establishment There is established a joint congressional task force to conduct an assessment of the kind of education and training that is appropriate for the Department of Defense to provide to military personnel of Latin American nations. (b) Composition The task force shall be composed of eight Members of Congress, of whom two each shall be designated by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate. (c) Report Not later than 180 days after the date of the enactment of this Act, the task force shall submit to Congress a report on the assessment conducted under subsection (a). The report shall include— (1) a critical assessment of courses, curriculum, and procedures appropriate for education and training of military personnel of Latin American nations; and (2) an evaluation of the effect of such education and training on the performance of Latin American military personnel in the areas of human rights and adherence to democratic principles and the rule of law. (d) Definition In this section, the term Member includes a Delegate to, or Resident Commissioner in, Congress. 4. Commission to investigate human rights abuses at the United States Army School of the Americas (a) Establishment There is established a commission to investigate the activities of the United States Army School of the Americas and its successor institution, the Western Hemisphere Institute for Security Cooperation. (b) Membership (1) Appointment The commission shall be composed of eight members, of whom two each shall be appointed by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate. (2) Qualifications Members of the commission shall be selected from among individuals with knowledge and experience in foreign military training and international human rights who are not officers or employees of the Federal Government. (3) Deadline for appointment The members of the commission shall be appointed not later than 60 days after the date of the enactment of this Act. (4) Vacancies Any vacancy of the commission shall not affect the powers of the commission and shall be filled in the manner in which the original appointment was made. (5) Chairperson; vice chairperson The Chairperson and Vice Chairperson of the commission shall be elected by the members. (6) Compensation Members of the commission shall serve without pay. (7) Travel expenses Each member of the commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (c) Powers (1) Hearings and sessions The commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the commission considers appropriate. (2) Information from Federal agencies The commission may secure directly from any Federal department or agency such information as the commission considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the commission, the head of such department or agency shall furnish such information to the commission. (d) Investigation Not later than two years after the date on which all members of the commission have been appointed, the commission shall complete an investigation into the activities of the United States Army School of the Americas and its successor institution, the Western Hemisphere Institute for Security Cooperation. The investigation shall— (1) identify those individuals responsible for drafting or approving manuals for use at either such institution advocating tactics that violate international law or the laws of the United States; (2) determine how such manuals were used in training conducted by either such institution; (3) determine the effect of such training; and (4) identify those individuals responsible for teaching such tactics. (e) Report Not later than 30 days after the completion of the investigation under subsection (d), the commission shall submit to Congress and the Secretary of Defense a report containing the results of the investigation and recommendations for actions in response to any violations of human rights to which training at the United States Army School of the Americas or its successor institution, the Western Hemisphere Institute for Security Cooperation, contributed. (f) Termination The commission shall terminate 30 days after the date of the submission of the report under subsection (e).

https://www.govinfo.gov/content/pkg/BILLS-113hr2989ih/xml/BILLS-113hr2989ih.xml

113-hr-2990

I 113th CONGRESS 1st Session H. R. 2990 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Doggett (for himself, Mr. King of New York , Mr. Blumenauer , Mr. Connolly , Mr. DeFazio , Ms. DeGette , Mr. Ellison , Mr. Gene Green of Texas , Mr. Gutiérrez , Mr. Langevin , Mr. Loebsack , Mr. McDermott , Mr. Moran , Ms. Norton , Mr. Pierluisi , Mr. Rangel , Ms. Schakowsky , Ms. Slaughter , Ms. Tsongas , Mr. Van Hollen , Mr. Waxman , Ms. DeLauro , Mr. Lynch , Mr. Matheson , Mr. Nadler , Mr. McGovern , Mr. Farr , Ms. Lee of California , Ms. Roybal-Allard , Mr. Tierney , Mr. Welch , Mr. Levin , Mr. Andrews , Mr. Lewis , Ms. Bass , Mr. Garamendi , Mrs. Capps , Mr. Honda , Ms. Clarke , Mrs. Davis of California , and Ms. Kaptur ) 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 reduce tobacco smuggling, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Smuggled Tobacco Prevention Act of 2013 or the STOP Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. TITLE I—Amendments to Internal Revenue Code of 1986 Sec. 101. Amendment of 1986 code. Sec. 102. Machines used to manufacture or package tobacco products or processed tobacco. Sec. 103. Improved marking and labeling. Sec. 104. Wholesalers and manufacturers, importers, and sellers of tobacco production machines required to have permit. Sec. 105. Conditions of permit. Sec. 106. Records to be maintained. Sec. 107. Reports. Sec. 108. Fraudulent offenses. Sec. 109. Penalties. Sec. 110. Coordination with other government officials. Sec. 111. Definitions. Sec. 112. Conforming amendments. Sec. 113. Effective date. TITLE II—Import Fraud Sec. 201. Maximum penalty for importation of tobacco products and cigarette papers and tubes by fraudulent means. TITLE III—Exclusions regarding Indian Tribes and Tribal matters Sec. 301. Exclusions regarding Indian Tribes and Tribal matters. I Amendments to Internal Revenue Code of 1986 101. Amendment of 1986 code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 102. Machines used to manufacture or package tobacco products or processed tobacco (a) In general Section 5762 is amended— (1) by redesignating subsection (b) as subsection (c), and (2) by inserting after subsection (a) the following new subsection: (b) Machines used To manufacture or package tobacco products or processed tobacco (1) Transfer of manufacturing machines to licensed persons Any tobacco production machine may be sold, leased, imported, exported, delivered, or otherwise made available only to persons— (A) lawfully engaged in— (i) the sale, lease, importation, exportation, or delivery of such machines, (ii) the manufacture or packaging of tobacco products or processed tobacco, or (iii) the application of unique identification markings onto tobacco product or processed tobacco packages pursuant to section 5723, and (B) that have all Federal, State, local, and Indian tribal government permits, registrations, and licenses required to engage in such activities. (2) Transfer of machines to persons engaged in illegal manufacture of contraband No tobacco production machine shall knowingly be manufactured for or be (directly or indirectly) sold, leased, imported, exported, delivered, or otherwise made available to any person engaged in the illegal manufacture, distribution, or sale of counterfeit or contraband tobacco products or processed tobacco, unique identification markings, or other tax-payment indicia. (3) Registration of machines (A) In general Every person having possession or custody of, or having control over, the installation of any tobacco production machine shall register such machine with the Secretary immediately on its being installed, by subscribing and filing with the Secretary a statement, in writing, setting forth the particular place where such machine is installed, the kind of machine and its capacity, the owner thereof, the owner’s place of residence, and the purpose for which the machine has been or is intended to be used. (B) Exception Under regulations prescribed by the Secretary, this paragraph shall not apply to any tobacco production machine not used or intended to be used— (i) for the manufacture or production of cigarette or cigars, or to manufacture any other tobacco product or processed tobacco, (ii) to package any tobacco product or processed tobacco, or (iii) to apply unique identification markings to any package. (4) Records (A) In general Any person selling, leasing, importing, exporting, delivering, or otherwise making available a tobacco production machine shall maintain and keep records, as the Secretary prescribes by regulation, relating to any transfers of the machine, including the name, address, other contact information, and any permit, registration, or license number of the person receiving delivery of the machine, or to whom the machine is otherwise transferred, as the case may be. (B) 5-Year holding period for records Any record required to be maintained and kept under subparagraph (A) shall be kept for the 5-year period beginning on the first date such record is required to be so maintained and kept. (C) Availability of records Such records shall be available for inspection by any internal revenue officer during business hours. (D) Safe harbor An ordinary commercial record or invoice shall satisfy the requirements of this paragraph if such record or invoice contains all of the information required under subparagraph (A). (5) Violations (A) In general Whoever knowingly violates paragraph (1), (2), or (3) shall, for each offense, be fined not more than $10,000 or an amount equal to 3 times the fair market value of the tobacco product machine involved (whichever is greater), or imprisoned not more than five years, or both. (B) Recordkeeping Whoever knowingly violates paragraph (4) shall, for each offense, be fined not more than $10,000. . (b) Tobacco production machine Section 5702 is amended by adding at the end the following new subsection: (q) Tobacco production machine The term tobacco production machine means any machine (or component integral to the operation of such a machine) used to manufacture or package tobacco products or processed tobacco or to apply unique identification markings or other tax-payment indicia to packages of tobacco products or processed tobacco. Such term includes any machine used to produce tobacco products for compensation, lease, or hire, or otherwise used in a commercial setting. . (c) Conforming amendment Subsection (c) of section 5762 (as so redesignated) is amended by striking subsection (a) and inserting subsections (a) and (b) . (d) Effective date The amendment made by this section shall apply to transfers more than 6 months after the date of the enactment of this Act. 103. Improved marking and labeling (a) In general Subsection (b) of section 5723 is amended to read as follows: (b) Marks, labels, and notices (1) In general Subject to paragraphs (2), (3), and (4), every package of tobacco products, processed tobacco, or cigarette papers or tubes shall, before removal, bear the marks, labels, and notices that the Secretary by regulation prescribes. (2) Marking requirements for domestic market (A) In general Each person who is a manufacturer or importer of tobacco products or processed tobacco shall (in accordance with regulations prescribed by the Secretary) ensure that, before any product intended for sale or distribution within the United States is removed, a unique identification marking is affixed to or forms part of each package of tobacco product or processed tobacco manufactured or imported by such person for sale or distribution. (B) Markings on individual packages Any markings required to be placed on a tobacco product or processed tobacco package by this subsection shall be placed on the innermost sealed container visible from the outside of the individual package. For any tobacco product or processed tobacco package that contains multiple smaller packages of tobacco products or processed tobacco, any markings required to be so placed on tobacco product or processed tobacco packages shall be placed on all the individual tobacco product or processed tobacco packages. (C) Markings on aggregate packing modes To facilitate efficient tracking and tracing of tobacco products or processed tobacco through the distribution system, all manufacturers or importers of tobacco products or processed tobacco shall, in addition to such unique identification marking, also, in accordance with regulations prescribed by the Secretary, ensure that unique identification markings are affixed to or form part of aggregate packing modes (such as cartons, cases, and master cases for cigarettes). The Secretary shall determine the size, location, and methods for such markings. The Secretary shall establish regulations requiring that all persons within the distribution chain, up to but not including the ultimate retailer, utilize the unique identification markings on aggregate packing modes to facilitate the tracking and tracing of tobacco products or processed tobacco through the distribution system. (3) Marking requirements for exports A unique identification marking shall be affixed to or form part of each package of tobacco product or processed tobacco that is exported, or sold for export, that distinguishes it from those products or processed tobacco intended for sale or distribution within the United States. The Secretary shall by regulation prescribe the size, location, and other characteristics of such marking, and it may contain a serial number that is assigned to the country of export, except that no such serial number shall be required on tobacco products or processed tobacco sold at retail to consumers by duty free stores for consumption beyond the jurisdiction of the internal revenue laws of the United States. Such tobacco products or processed tobacco shall instead bear markings indicating the tobacco product or processed tobacco is only for duty-free sale to consumers, as prescribed through regulation by the Secretary, before the product or processed tobacco is removed. (4) Authorization of federal unique identification marking Not later than 3 years after the date of the enactment of the Smuggled Tobacco Prevention Act of 2013 , the Secretary shall by regulation require the use of a unique identification marking on all products subject to tax under this chapter. . (b) Unique identification marking Section 5723 is amended by adding at the end the following new subsection: (f) Unique identification marking (1) In general No tobacco product or processed tobacco may be sold, offered for sale, distributed, mailed, or otherwise delivered for final sale to any consumer in the United States unless the unique identification marking that meets the requirements of this section (and any regulations prescribed thereunder) is affixed to or forms part of the package in which it is contained. (2) System specifications (A) The Secretary shall design such system to coordinate and avoid interference with State, local, and Indian tribal tax stamps and markings, facilitate collection of the tax imposed by this chapter, impede contraband tobacco trafficking, minimize counterfeit marking, allow for more effective tracking and tracing of tobacco products and processed tobacco, facilitate the enforcement of related Federal laws, and utilize such available technology as may promote the purposes of this chapter. (B) The Secretary shall prescribe the method and manner in which such unique identification markings are to be distributed, purchased, and applied to or made part of tobacco product and processed tobacco packages, and may provide for the cancellation of such markings. (C) The unique identification marking must provide (through the marking or record associated with the marking) such information as the Secretary by regulation prescribes, including: (i) A unique serial number or tracking code for each tobacco product or processed tobacco package or aggregate package. (ii) The name and address of the person purchasing the marking (and, if different, of the person ensuring the marking is affixed to or made part of the package). (iii) The name and address of the first unrelated person purchasing or otherwise receiving the tobacco product or processed tobacco from the person who ensures the marking is affixed to or made part of the package and the date of such purchase or receipt. (D) The information described in subparagraph (C) may be required to, to the extent practicable— (i) be cryptographically encrypted, and (ii) (I) be readable by a portable scanning device (or similar device) to be utilized by regulatory and law enforcement officials at the time and place of inspection, or (II) be otherwise accessible remotely at such time and place. (3) Unrelated person For purposes of this subsection, the term unrelated person means a person other than a related person within the meaning of section 267(b) or 707(b)(1). . (c) Definitions Section 5723, as amended by subsection (b), is amended by adding at the end the following new subsections: (g) Package defined For purposes of this section, the term package means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane), in which a tobacco product or processed tobacco is sold, offered for sale, distributed, or otherwise delivered for final sale to any consumer. (h) Unique identification marking defined For purposes of this section, the term unique identification marking means a device in such design and denomination as the Secretary authorizes by regulation that is affixed to or made part of a package of a tobacco product or processed tobacco. Such markings shall contain overt security features for public authentication and covert security features embedding a unique, secure, encrypted identifier onto the marking, enabling law enforcement authentication, production control, and tracking and tracing of the product or processed tobacco bearing the marking. . (d) Regulations The Secretary of the Treasury shall consult with the Secretary of Health and Human Services as may be appropriate to carry out the purposes of subsection (f), and paragraphs (2), (3), and (4) of subsection (b), of section 5723 of the Internal Revenue Code of 1986 (as added by this section). 104. Wholesalers and manufacturers, importers, and sellers of tobacco production machines required to have permit (a) Wholesalers Section 5712 is amended by inserting , as a wholesaler, after or processed tobacco . (b) Manufacturers, importers, and sellers of tobacco production machines Section 5712 is amended by striking or as an export warehouse proprietor and inserting , as an export warehouse proprietor, or as a manufacturer, seller, or importer of tobacco production machines . 105. Conditions of permit (a) Issuance Subsection (a) of section 5713 is amended to read as follows: (a) Issuance (1) In general A person shall not engage in business as a manufacturer or importer of tobacco products or processed tobacco, as a wholesaler, as an export warehouse proprietor, or as a manufacturer, seller, lessor, or importer of tobacco production machines without a permit to engage in such business. Such permit, conditioned upon compliance with this chapter and regulations issued thereunder, shall be issued in such form and in such manner as the Secretary shall by regulation prescribe, to every person properly qualified under sections 5711 and 5712. Any entity granted such a permit is not eligible to provide any services the Secretary may elect to procure to facilitate the purposes of section 5723. Permit holders shall automatically count output and register, record, and transmit the quantities measured, in the form, conditions, and time limits established by the Secretary. A new permit may be required at such other time as the Secretary shall by regulation prescribe. (2) Conditions The Secretary shall not issue a permit under this section unless— (A) the applicant is in compliance with the requirements of— (i) this chapter, (ii) chapter 114 of title 18, United States Code, (iii) the Act of October 19, 1949 (15 U.S.C. 375 et seq.; commonly referred to as the Jenkins Act ), (iv) the Fair and Equitable Tobacco Reform Act of 2004, and any amendments made thereby, (v) the Family Smoking Prevention and Tobacco Control Act, and any amendments made thereby, (vi) the Prevent All Cigarette Trafficking Act of 2009, and any amendments made thereby, and (vii) any related regulations thereunder, as in effect on the date of the issuance of the permit, (B) the applicant certifies that the applicant is in compliance with all other Federal, State, local, and Indian tribal laws relating to the taxation, manufacture, importation, exportation, distribution, marketing, sale, or transportation of tobacco products, processed tobacco, or tobacco production machines, as in effect on the date of the issuance of the permit, and (C) the applicant identifies in the application any violation of a law described in subparagraph (A) or (B) by the applicant resulting in a penalty under any such law during the 5-year period ending on the date of the application. . (b) Suspension or revocation Subparagraph (A) of section 5713(b)(1) is amended by inserting or any other law described in subparagraph (A) or (B) of subsection (a)(2) after this chapter . 106. Records to be maintained (a) In general Section 5741 is amended— (1) by inserting (a) In general .— before Every manufacturer , (2) by inserting every wholesaler, after every importer, , (3) by striking such records and inserting records concerning the chain of custody of the tobacco products and processed tobacco (including the foreign country of final destination for packages marked for export) and the serial numbers, marks, labels, and notices required under section 5723, and such other records , and (4) by adding at the end the following new subsections: (b) Retailers Retailers shall maintain records of receipt, and any non-retail sale or delivery, of tobacco products and processed tobacco. Such records shall be available to the Secretary for inspection and audit. An ordinary commercial record or invoice shall satisfy the requirements of this subsection if such record shows the date of receipt, from whom tobacco products or processed tobacco were received, and the quantity of tobacco products or processed tobacco received (or, in the case of non-retail sale or delivery, the date of sale or delivery, to whom the tobacco products or processed tobacco were sold or delivered, and the quantity of the tobacco products or processed tobacco sold or delivered). To the extent the Secretary determines that the records maintained by retail entities licensed pursuant to section 555(b) of the Tariff Act of 1930 ( 19 U.S.C. 1555(b) ) satisfy the recordkeeping requirements of this section, no additional records shall be required for such entities under this section. The preceding provisions of this subsection shall not be construed to limit or preclude other recordkeeping requirements imposed on any retailer. (c) Records concerning marks and chain of custody Records concerning the chain of custody and the marks, labels, and notices required under section 5723 shall be available for inspection by any internal revenue officer during business hours. . (b) Consultation with Health and Human Services The Secretary of the Treasury shall consult with the Secretary of Health and Human Services as may be appropriate to carry out the purposes of section 5741 of the Internal Revenue Code of 1986. 107. Reports Section 5722 is amended— (1) by inserting (a) In general .— before Every manufacturer , and (2) by adding at the end the following new subsection: (b) Reports by export warehouse proprietors Prior to exportation of tobacco products or processed tobacco from the United States, the export warehouse proprietor shall submit a report (in such manner and form as the Secretary may by regulation prescribe) to enable the Secretary to identify the shipment and assure that it reaches its intended destination. . 108. Fraudulent offenses (a) In general Subsection (a) of section 5762 is amended— (1) by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively, and (2) by striking not more than $10,000 and inserting not more than $10,000 or an amount equal to 3 times the amount of the tax imposed under this chapter on the tobacco product involved (whichever is greater) . (b) Offenses relating to distribution of tobacco products, etc (1) In general Section 5762 (as amended by section 102 of this Act) is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following new subsection: (c) Offenses relating to distribution of tobacco products, etc It shall be unlawful— (1) for any person to engage in business as a manufacturer or importer of tobacco products, processed tobacco, or cigarette papers and tubes, as a wholesaler, or an export warehouse proprietor, or as a manufacturer, seller, or importer of tobacco production machines without filing the bond and obtaining the permit where required by this chapter or regulations thereunder, (2) for a manufacturer or importer of tobacco products, or wholesaler to knowingly ship, transport, deliver, or receive any tobacco products from or to any person other than a person who has obtained the permit required by this chapter, a retailer, or a person handling such products solely for purposes of shipment or delivery; except that an importer who has obtained the permit required by this chapter may receive, from a foreign manufacturer or a foreign distributor, foreign tobacco products that have not previously entered the United States, (3) for a manufacturer or importer of processed tobacco or a wholesaler to knowingly ship, transport, deliver, or receive any tobacco products or processed tobacco from or to any person other than a person who has obtained the permit required by this chapter, (4) for a manufacturer or importer of processed tobacco to knowingly ship, transport, sell, or deliver processed tobacco to any person other than a manufacturer of processed tobacco, a manufacturer of tobacco products, or an export warehouse proprietor, (5) for any person (other than the original manufacturer of such tobacco products or processed tobacco or an export warehouse proprietor authorized to receive any tobacco products or processed tobacco that have previously been exported and returned to the United States) to knowingly receive any tobacco products or processed tobacco that have previously been exported and returned to the United States, (6) for any export warehouse proprietor to knowingly ship, transport, sell, or deliver for sale any tobacco products or processed tobacco to any person other than the original manufacturer of such tobacco products or processed tobacco, another export warehouse proprietor, a duty free store, or a foreign purchaser, (7) for any person (other than a manufacturer, wholesaler, or an export warehouse proprietor permitted under this chapter) to knowingly ship, transport, receive, or possess, for purposes of resale, any tobacco product or processed tobacco not in packages marked pursuant to regulations issued under section 5723, other than for direct return to a manufacturer for repacking or for re-exportation or to an export warehouse proprietor for re-exportation, (8) for any manufacturer, importer, export warehouse proprietor, or wholesaler permitted under this chapter to make any false entry in, to fail to make an entry in, or to knowingly fail to maintain properly any record or report required by this chapter or the regulations promulgated thereunder with the intent to defraud the United States, (9) for any person, with the intent to defraud the United States, to alter, mutilate, destroy, obliterate, or remove any mark or label required under this chapter upon a tobacco product or processed tobacco held for sale, or to create, possess, or apply on any tobacco product or processed tobacco or its packaging any counterfeit versions of any such marks or labels, and (10) for any person to sell at retail more than 3,000 cigarettes in any single transaction (or series of related transactions), or, in the case of other tobacco products, an equivalent quantity as determined by regulation. Any person violating any of the provisions of this subsection shall, upon conviction, be fined as provided in section 3571 of title 18, United States Code, or imprisoned for not more than 5 years, or both. . (2) Conforming amendment Section 5762(d) (as so redesignated) is amended by striking and (b) inserting , (b), and (c) . (c) Other offenses Subsection (d) of section 5762 (as so redesignated) is amended by striking not more than $1,000 and inserting not more than $2,500 or an amount equal to the tax imposed under this chapter on the tobacco product or processed tobacco involved (whichever is greater) . 109. Penalties (a) In general (1) Subsection (a) of section 5761 is amended— (A) by striking willfully and inserting knowingly , and (B) by striking $1,000 and inserting $10,000 . (2) Subsection (b) of section 5761 is amended by striking 5 percent and inserting 10 percent . (b) Penalty amounts adjusted for inflation Section 5761 is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: (f) Inflation adjustment (1) In general In the case of a calendar year beginning after 2013, the penalty dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10, such amount shall be rounded to the next highest multiple of $10. . 110. Coordination with other government officials (a) In general Subchapter F of chapter 52 is amended by adding at the end the following new section: 5755. Coordination with other government officials The Secretary shall make reasonable efforts to coordinate with other Federal agencies and with officials of foreign, State, local, Indian tribal, and other governments to promote the purposes of this chapter, to prevent and reduce tobacco tax evasion and contraband trafficking in tobacco products and processed tobacco, to enforce settlement agreements between tobacco companies and State or other governments and related laws, or for other law enforcement or administration purposes. . (b) Information sharing (1) In general Paragraph (1) of section 6103(o) is amended by adding at the end the following new subparagraph: (C) Information sharing for tobacco product law administration and enforcement purposes (i) Federal, State, local, and tribal governments Returns and return information with respect to taxes imposed by chapter 52 may be open to inspection by or disclosure to officers and employees of any Federal agency, the State Tax Administrators, or any other agency of any State, local, or Indian tribal government responsible for the administration and enforcement of laws and regulations relating to tobacco products and processed tobacco, or their legal representative, solely for use in such administration and enforcement, unless the Secretary determines that such disclosure would seriously impair Federal tax administration. (ii) Foreign governments and organizations The Secretary shall, upon written request, disclose returns and return information with respect to taxes imposed by chapter 52 to officers and employees of any agency of any foreign government, OLAF (European Anti-Fraud Office), EUROPOL, INTERPOL, or the World Customs Organization responsible for the administration and enforcement of laws and regulations relating to tobacco products and processed tobacco, or their legal representative, solely for use in such administration and enforcement, if the Secretary obtains written assurances from such government or organization that the information will be held in confidence and used only for such use. No return or return information shall be disclosed under this clause if the Secretary determines that such disclosure would seriously impair Federal tax administration. (iii) Public information The identity and business address of those persons that have a valid permit, pursuant to chapter 52, to engage in business as a manufacturer, wholesaler, or importer of tobacco products or processed tobacco, as an export warehouse proprietor, or as a manufacturer, seller, or importer of tobacco production machines (as defined in section 5702(q)) shall be made publicly available at such time and in such manner as the Secretary may prescribe. . (2) Conforming amendments (A) Subsection (a) of section 6103 is amended— (i) by striking or any local in paragraph (2) and inserting any local , (ii) by inserting , or any agency described in subsection (o)(1)(C)(i) after subsection (l)(7)(D) in paragraph (2), (iii) by striking or subsection (n) in paragraph (3) and inserting subsection (n), or subsection (o)(1)(C)(i) . (B) Paragraph (4) of section 6103(p) is amended— (i) by striking (o)(1)(A) both places it appears and inserting (o)(1)(A) or (C)(i) , and (ii) by striking (15), or (16), and inserting (15), or (16), or (o)(1)(C)(i), . (C) Paragraph (2) of section 7213(a) is amended— (i) by striking (21) or and inserting (21), , and (ii) by striking or (7) and inserting or (7), or (o)(1)(C)(i) . (c) Clerical amendment The table of sections for subchapter F of chapter 52 is amended by adding at the end the following new item: Sec. 5755. Coordination with other government officials. . 111. Definitions (a) Export warehouse proprietor Subsection (i) of section 5702 is amended by inserting before the period the following: or any person engaged in the business of exporting tobacco products from the United States for purposes of sale or distribution. Any duty free store that sells, offers for sale, or otherwise distributes to any person in any single transaction (or series of related transactions) more than 3,000 cigarettes, or an equivalent quantity of other tobacco products as the Secretary shall by regulation prescribe, shall be deemed an export warehouse proprietor under this chapter . (b) Retailer; wholesaler Section 5702, as amended by this Act, is amended by adding at the end the following new subsections: (r) Retailer The term retailer means any person who sells, or offers for sale, any tobacco product at retail. The term retailer includes any duty free store that sells, offers for sale, or otherwise distributes at retail in any single transaction (or series of related transactions) not more than 3,000 cigarettes, or not more than an equivalent quantity of other tobacco products as the Secretary shall by regulation prescribe. (s) Wholesaler The term wholesaler means any person engaged in the business of purchasing tobacco products for resale at wholesale, or any person acting as an agent or broker for any person engaged in the business of purchasing tobacco products for resale at wholesale. . 112. Conforming amendments (a) Paragraph (2)(C) of section 2341 of title 18, United States Code is amended by inserting in regard to State, local, or Indian tribal government taxes, before a person . (b) Sections 2314 and 2315 of title 18, United States Code, are each amended— (1) by striking State in the heading thereof; and (2) by striking tax stamps each place it appears and inserting tax stamps or markings . (c) The headings for subchapters B, C, and E of chapter 52 are each amended by inserting , processed tobacco, after products . (d) The items relating to subchapters B, C, and E in the table of subchapters for chapter 52 are each amended by inserting , processed tobacco, after products . (e) The heading for chapter 52 is amended by inserting , processed tobacco, after products . (f) The item relating to chapter 52 in the table of chapters for subtitle E is amended by inserting , processed tobacco, after products . 113. Effective date Except as otherwise provided in this title, the amendments made by this title shall take effect 1 year after the date of the enactment of this Act. II Import Fraud 201. Maximum penalty for importation of tobacco products and cigarette papers and tubes by fraudulent means (a) Maximum penalty Section 592(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1592(c)(1)) is amended— (1) by striking A fraudulent violation of subsection (a) and inserting the following: (A) In general Except as provided in subparagraph (B), a fraudulent violation of subsection (a) ; and (2) by adding at the end the following: (B) Tobacco products and cigarette papers and tubes In the case of importation of tobacco products and cigarette papers and tubes subject to tax under chapter 52 of the Internal Revenue Code of 1986, a fraudulent violation of subsection (a) is punishable by a civil penalty in an amount not to exceed the sum of— (i) the domestic value of the merchandise, and (ii) four times the amount of Federal excise tax that could be imposed on the merchandise, if applicable. . (b) Effective date The amendments made by subsection (a) shall take effect on the date which is 90 days after the date of the enactment of this Act, and shall apply with respect to violations of section 592 of the Tariff Act of 1930 (as so amended) that occur on or after that date. III Exclusions regarding Indian Tribes and Tribal matters 301. Exclusions regarding Indian Tribes and Tribal matters (a) In general Nothing in this Act or the amendments made by this Act shall be construed to amend, modify, or otherwise affect— (1) any agreements, compacts, or other intergovernmental arrangements between any State or local government and any government of an Indian tribe relating to the collection of taxes on tobacco products sold in Indian country; (2) any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of State, local, or tribal taxes on tobacco products sold in Indian country; (3) any limitations under Federal or State law, including Federal common law and treaties, on State, local, and tribal tax and regulatory authority with respect to the sale, use, or distribution of tobacco products or processed tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country; (4) any Federal law, including Federal common law and treaties, regarding State jurisdiction, or lack thereof, over any Indian tribe, tribal member, tribal enterprise, Indian reservations, or other land held by the United States in trust for one or more Indian tribes; or (5) any State or local government authority to bring enforcement actions against persons located in Indian country. (b) Coordination of law enforcement Nothing in this Act or the amendments made by this Act (other than the amendments relating to section 6103 of the Internal Revenue Code of 1986) shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by 1 or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that— (1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products or processed tobacco; (2) provides for the seizure of tobacco products, processed tobacco, or other property related to a violation of such laws; or (3) establishes cooperative programs for the administration of such laws. (c) Treatment of State and local governments Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States. (d) Enforcement within Indian Country Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amendment made by this Act within Indian country. (e) Ambiguity Any ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section. (f) Definitions In this section— (1) the term Indian country has the meaning given that term in section 1151 of title 18, United States Code; (2) the term tribal enterprise means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes; (3) the term Indian reservation has the meaning given that term in section 168(j)(6) of the Internal Revenue Code of 1986; (4) the term Indian tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ); and (5) the terms tobacco products and processed tobacco have the meanings given such terms by section 5702 of the Internal Revenue Code of 1986.

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113-hr-2991

I 113th CONGRESS 1st Session H. R. 2991 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes. 1. Short title This Act may be cited as the Little Shell Tribe of Chippewa Indians Restoration Act of 2013 . 2. Findings Congress finds that— (1) the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States; (2) the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes; (3) the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1); (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ) (commonly known as the Indian Reorganization Act ); (5) Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act ); (6) due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize; (7) in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act ), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority; (8) the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the Indian Claims Commission Act ), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892; (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8); (10) in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and (11) the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s. 3. Definitions In this Act: (1) Member The term member means an individual who is enrolled in the Tribe pursuant to section 7. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribe The term Tribe means the Little Shell Tribe of Chippewa Indians of Montana. 4. Federal recognition (a) In general Federal recognition is extended to the Tribe. (b) Effect of Federal laws Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ) (commonly known as the Indian Reorganization Act ), shall apply to the Tribe and members. 5. Federal services and benefits (a) In general Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to— (1) the existence of a reservation for the Tribe; or (2) the location of the residence of any member on or near an Indian reservation. (b) Service area For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana. 6. Reaffirmation of rights (a) In general Nothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act. (b) Claims of Tribe Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act. 7. Membership roll (a) In general As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe. (b) Determination of membership The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution). (c) Maintenance of roll The Tribe shall maintain the membership roll under this section. 8. Transfer of land (a) Homeland The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base. (b) Additional land The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 ( 25 U.S.C. 465 ) (commonly known as the Indian Reorganization Act ).

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113-hr-2992

I 113th CONGRESS 1st Session H. R. 2992 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Sensenbrenner (for himself, Mr. Goodlatte , Mr. Scott of Virginia , Mr. Bachus , Mr. Chabot , Mr. Duncan of South Carolina , Mr. Jordan , and Mr. Hastings of Florida ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To regulate certain State taxation of interstate commerce, and for other purposes. 1. Short title This Act may be cited as the Business Activity Tax Simplification Act of 2013 . 2. Modernization of Public Law 86–272 (a) Solicitations With Respect to Sales and Transactions of Other Than Tangible Personal Property Section 101 of the Act entitled An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto , approved September 14, 1959 (15 U.S.C. 381 et seq.), is amended— (1) in section (a), by striking either, or both, and inserting any one or more ; (2) in subsection (a)(1), by striking by such person and all that follows and inserting (which are sent outside the State for approval or rejection) or customers by such person, or his representative, in such State for sales or transactions, which are— (A) in the case of tangible personal property, filled by shipment or delivery from a point outside the State; and (B) in the case of all other forms of property, services, and other transactions, fulfilled or distributed from a point outside the State; ; (3) in subsection (a)(2), by striking the period at the end and inserting a semicolon; (4) in subsection (a), by adding at the end the following new paragraphs: (3) the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State by such person, or his representative, which information is used or disseminated from a point outside the State; and (4) those business activities directly related to such person’s potential or actual purchase of goods or services within the State if the final decision to purchase is made outside the State. ; (5) by striking subsection (c) and inserting the following new subsection: (c) For purposes of subsection (a) of this section, a person shall not be considered to have engaged in business activities within a State during any taxable year merely— (1) by reason of sales or transactions in such State, the solicitation of orders for sales or transactions in such State, the furnishing of information to customers or affiliates in such State, or the coverage of events or other gathering of information in such State, on behalf of such person by one or more independent contractors; (2) by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State are limited to making sales or fulfilling transactions, soliciting order for sales or transactions, the furnishing of information to customers or affiliates, and/or the coverage of events or other gathering of information; or (3) by reason of the furnishing of information to an independent contractor by such person ancillary to the solicitation of orders or transactions by the independent contractor on behalf of such person. ; and (6) in subsection (d)(1)— (A) by inserting or fulfilling transactions after selling ; and (B) by striking the sale of, tangible personal property and inserting a sale or transaction, furnishing information, or covering events, or otherwise gathering information . (b) Application of Prohibitions to Other Business Activity Taxes Title I of the Act entitled An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto , approved September 14, 1959 ( 15 U.S.C. 381 et seq. ), is amended by adding at the end the following: 105. For taxable periods beginning on or after January 1, 2014, the prohibitions of section 101 that apply with respect to net income taxes shall also apply with respect to each other business activity tax, as defined in section 5(a)(2) of the Business Activity Tax Simplification Act of 2013. A State or political subdivision thereof may not assess or collect any tax which by reason of this section the State or political subdivision may not impose. . 3. Minimum jurisdictional standard for state and local net income taxes and other business activity taxes (a) In General No taxing authority of a State shall have power to impose, assess, or collect a net income tax or other business activity tax on any person relating to such person’s activities in interstate commerce unless such person has a physical presence in the State during the taxable period with respect to which the tax is imposed. (b) Requirements for Physical Presence (1) In general For purposes of subsection (a), a person has a physical presence in a State only if such person’s business activities in the State include any of the following during such person’s taxable year: (A) Being an individual physically in the State, or assigning one or more employees to be in the State. (B) Using the services of an agent (excluding an employee) to establish or maintain the market in the State, if such agent does not perform business services in the State for any other person during such taxable year. (C) The leasing or owning of tangible personal property or of real property in the State. (2) De minimis physical presence For purposes of this section, the term physical presence shall not include— (A) presence in a State for less than 15 days in a taxable year (or a greater number of days if provided by State law); or (B) presence in a State to conduct limited or transient business activity. (c) Taxable Periods Not Consisting of a Year If the taxable period for which the tax is imposed is not a year, then any requirements expressed in days for establishing physical presence under this Act shall be adjusted pro rata accordingly. (d) Minimum Jurisdictional Standard This section provides for minimum jurisdictional standards and shall not be construed to modify, affect, or supersede the authority of a State or any other provision of Federal law allowing persons to conduct greater activities without the imposition of tax jurisdiction. (e) Exceptions (1) Domestic business entities and individuals domiciled in, or residents of, the state Subsection (a) does not apply with respect to— (A) a person (other than an individual) that is incorporated or formed under the laws of the State (or domiciled in the State) in which the tax is imposed; or (B) an individual who is domiciled in, or a resident of, the State in which the tax is imposed. (2) Taxation of partners and similar persons This section shall not be construed to modify or affect any State business activity tax liability of an owner or beneficiary of an entity that is a partnership, a S corporation (as defined in section 1361 of the Internal Revenue Code of 1986), a limited liability company (classified as a partnership for Federal income tax purposes), a trust, an estate, or any other similar entity, if the entity has a physical presence in the State in which the tax is imposed. (3) Preservation of authority This section shall not be construed to modify, affect, or supersede the authority of a State to enact a law and bring an enforcement action under such law or existing law against a person or persons or an entity or entities, including but not limited to related persons or entities, that is or are engaged in an illegal activity, a sham transaction, or an actual abuse in its or their business activities in order to ensure a proper reflection of its or their tax liabilities, nor shall it supersede the authority of a State to require combined reporting. 4. Group returns If, in computing the net income tax or other business activity tax liability of a person for a taxable year, the net income or other economic results of affiliated persons is taken into account, the portion of such combined or consolidated net income or other economic results that may be subject to tax by the State shall be computed using the methodology that is generally applicable to businesses conducting similar business activities and, if that generally applicable methodology employs an apportionment formula, the denominator or denominators of that formula shall include the aggregate factors of all persons whose net income or other economic results are included in such combined or consolidated net income or other economic results and the numerator or numerators shall include the factors attributable to the state of only those persons that are themselves subject to taxation by the State pursuant to the provisions of this Act and subject to all other legal constraints on State taxation of interstate or foreign commerce. 5. Definitions and effective date (a) Definitions For purposes of this Act: (1) Net income tax The term net income tax has the meaning given that term for the purposes of the Act entitled An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto , approved September 14, 1959 (15 U.S.C. 381 et seq.). (2) Other business activity tax (A) In general The term other business activity tax means any tax in the nature of a net income tax or tax measured by the amount of, or economic results of, business or related activity conducted in the State. (B) Exclusion The term other business activity tax does not include a sales tax, a use tax, or a similar transaction tax, imposed on the sale or acquisition of goods or services, whether or not denominated a tax imposed on the privilege of doing business. (3) Person The term person has the meaning given such term by section 1 of title 1 of the United States Code. Each corporation that is a member of a group of affiliated corporations, whether unitary or not, is itself a separate person . (4) State The term State means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision of any of the foregoing. (5) Tangible personal property For purposes of section 3(b)(1)(C), the leasing or owning of tangible personal property does not include the leasing or licensing of computer software. (b) Effective Date This Act shall apply with respect to taxable periods beginning on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2992ih/xml/BILLS-113hr2992ih.xml

113-hr-2993

I 113th CONGRESS 1st Session H. R. 2993 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Olson introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require States to report information on Medicaid payments to abortion providers. 1. Short title This Act may be cited as the Taxpayer Conscience Protection Act of 2013 . 2. Required reporting of medicaid payments to abortion providers (a) In general Not later than 60 days after the end of fiscal year 2013 and each fiscal year thereafter, each State that makes a Medicaid payment from Federal funds during the fiscal year for any items or services furnished by an abortion provider shall— (1) submit to the Secretary a report on all such payments; and (2) publish the report on a public Internet website of the State. (b) Report described The report under subsection (a) shall, with respect to each payment, include the following: (1) A specification of the amount of the payment. (2) A specification of the purposes for which the payment was made. (3) A comparison of the amount of the payment with the amount of any such payment to the provider involved in any prior fiscal year. (4) A specification of the number of abortions performed during the fiscal year by the provider involved. (c) Report to congress Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate, and publish on a public Internet website of the Department of Health and Human Services, a report that— (1) contains the reports submitted pursuant to subsection (a) for the fiscal year; and (2) includes a summary of the reports. (d) Definitions In this section: (1) Abortion provider The term abortion provider means an entity that— (A) performs (or refers an individual for) an abortion; or (B) controls, is controlled by, or is under common control with, an entity described in subparagraph (A). (2) Medicaid payment from Federal funds The term Medicaid payment from Federal funds means a payment for which there is Federal financial participation under title XIX of the Social Security Act. (3) Secretary The term Secretary means the Secretary of Health and Human Services. (4) State The term State has the meaning given the term for purposes of title XIX of the Social Security Act. (e) Conforming amendments to Social Security Act Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) by striking and at the end of paragraph (71); (2) by striking the period at the end of paragraph (72) and inserting ; and ; and (3) by inserting after paragraph (72) the following: (73) provides for the submission of reports in accordance with section 2 of the Taxpayer Conscience Protection Act of 2013. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2993ih/xml/BILLS-113hr2993ih.xml

113-hr-2994

I 113th CONGRESS 1st Session H. R. 2994 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Reed (for himself, Mr. Rangel , Mr. Roskam , Mr. Thompson of California , Mr. Brady of Texas , Ms. Linda T. Sánchez of California , Mr. Griffin of Arkansas , Mr. Boustany , Mr. Kind , Mr. Neal , Ms. Jenkins , Mr. Larson of Connecticut , Mr. Watt , Mr. McGovern , Mr. Ribble , Mr. Capuano , Mr. Turner , and Mr. Buchanan ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for 1 year the exclusion from gross income of discharges of qualified principal residence indebtedness. 1. Short title This Act may be cited as the Mortgage Forgiveness Tax Relief Act of 2013 . 2. 1-year 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, 2015 . (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-113hr2994ih/xml/BILLS-113hr2994ih.xml

113-hr-2995

I 113th CONGRESS 1st Session H. R. 2995 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Reed (for himself, Mr. Thompson of California , and Mr. Tiberi ) 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 to eliminate the limitation on deductibles for employer-sponsored health plans. 1. Short title This Act may be cited as the Unnecessary Cap Act of 2013 . 2. Elimination of limitation on deductibles for employer-sponsored health plans (a) In general Section 1302(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 18022(c)) is amended— (1) by striking paragraph (2); and (2) in paragraph (4)(A), by striking paragraphs (1)(B)(i) and (2)(B)(i) and inserting paragraph (1)(B)(i) . (b) Conforming amendment Section 2707(b) of the Public Health Service Act ( 42 U.S.C. 300gg–6(b) ) is amended by striking paragraphs (1) and (2) and inserting paragraph (1) . (c) Effective date The amendments made by this Act shall be effective as if included in the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2995ih/xml/BILLS-113hr2995ih.xml

113-hr-2996

I 113th CONGRESS 1st Session H. R. 2996 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Reed (for himself and Mr. Kennedy ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , 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 Secretary of Commerce to establish the Network for Manufacturing Innovation and for other purposes. 1. Short title This Act may be cited as the Revitalize American Manufacturing and Innovation Act of 2013 . 2. Findings Congress finds the following: (1) In 2011, manufacturing contributed $1,800,000,000,000 to the Nation’s economy and accounted for 47 percent of all United States exports. (2) If ranked as its own country, the United States manufacturing sector would be the 10th largest economy in the world. (3) American manufacturers employ more than 11,000,000,000 Americans in jobs with wages and benefits that are one-third higher than the wages and benefits in other sectors. (4) Manufacturing has the highest multiplier effect, with every dollar in final sales of manufactured products resulting in $1.34 in output from other sectors. (5) As the source of nearly one-third of the United States investment in research and development manufacturing, firms drive innovation in the United States. (6) Countries such as Korea, Japan, and Germany have a larger share of the advanced manufacturing sector than the United States. Each of these countries has a positive trade balance in advanced manufacturing products. In contrast, the United States had an $81,000,000,000 trade deficit in 2010. (7) The United States share of research and development spending dropped from 43.1 percent in 1998 to 37.3 percent in 2008, while China’s share of research and development spending increased from 3 percent to 11.4 percent during the same period. (8) According to a survey by the Council on Competitiveness, chief executive officers view the quality and availability of scientists, researchers, and engineers and the quality and availability of skilled production workers as the first and second most important drivers of competitiveness. (9) According to the Organization for Economic Co-Operation and Development, the United States ranked 27th out of 29 developed countries in the percentage of students who earned bachelor’s degrees in science and engineering in 2009. (10) Colleges in China and India award more 4-year engineering bachelor’s degrees than United States colleges. 3. Establishment of Network for Manufacturing Innovation The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended— (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 ( 15 U.S.C. 278r ) the following: 34. Network for Manufacturing Innovation (a) Establishment of Network for Manufacturing Innovation Program (1) In general The Secretary of Commerce shall establish within the Institute a program to be known as the Network for Manufacturing Innovation Program (referred to in this section as the Program ). (2) Purposes of program The purposes of the Program are— (A) to improve the competitiveness of United States manufacturing and to increase domestic production; (B) to stimulate United States leadership in advanced manufacturing research, innovation, and technology; (C) to facilitate the transition of innovative technologies into scalable, cost-effective, and high-performing manufacturing capabilities; (D) to facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance computing, in order to improve the speed with which such enterprises commercialize new processes and technologies; (E) to accelerate the development of an advanced manufacturing workforce; (F) to facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges; and (G) to leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding. (3) Support The Secretary, acting through the Director, shall carry out the purposes set forth in paragraph (2) by supporting— (A) the Network for Manufacturing Innovation established under subsection (b); and (B) the establishment of centers for manufacturing innovation. (4) Director The Secretary shall carry out the Program through the Director. (b) Establishment of Network for Manufacturing Innovation (1) In general As part of the Program, the Secretary of Commerce shall establish a network of centers for manufacturing innovation. (2) Designation The network established under paragraph (1) shall be known as the Network for Manufacturing Innovation (referred to in this section as the Network ). (c) Centers for manufacturing innovation (1) In general For purposes of this section, a center for manufacturing innovation is a center that— (A) has been established by a person to address challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production and jobs in the United States; (B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, as determined by the Secretary, with the potential— (i) to improve the competitiveness of United States manufacturing; (ii) to accelerate investment in advanced manufacturing production capacity in the United States; and (iii) to enable the commercial application of new technologies or industry-wide manufacturing processes; and (C) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and such other entities as the Secretary considers appropriate, which may include career and technical education schools, Federal laboratories, State, local, and tribal governments, businesses, educational institutions, and nonprofit organizations. (2) Activities Activities of a center for manufacturing innovation may include the following: (A) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, and risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve pre-competitive industrial problems with economic or national security implications. (B) Development and implementation of education and training courses, materials, and programs. (C) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains. (D) Outreach and engagement with small- and medium-sized manufacturing enterprises, in addition to large manufacturing enterprises. (E) Such other activities as the Secretary, in consultation with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, considers consistent with the purposes described in subsection (a)(2). (3) Additional centers for manufacturing innovation The National Additive Manufacturing Innovation Institute and pending manufacturing centers under interagency review shall be considered centers for manufacturing innovation. (d) Financial assistance To establish and support centers for manufacturing innovation (1) In general In carrying out the Program, the Secretary of Commerce shall award financial assistance to a person to assist the person in planning, establishing, or supporting a center for manufacturing innovation. (2) Application A person seeking financial assistance under paragraph (1) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (3) Open process In soliciting applications for financial assistance under paragraph (1), the Secretary shall ensure an open process that will allow for the consideration of all applications relevant to advanced manufacturing regardless of technology area. (4) Selection (A) Competitive, merit review In awarding financial assistance under paragraph (1), the Secretary shall use a competitive, merit review process. (B) Collaboration In awarding financial assistance under paragraph (1), the Secretary shall, acting through the National Program Office established under subsection (e)(1), collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing. (C) Considerations In selecting a person who submitted an application under paragraph (2) for an award of financial assistance under paragraph (1) the Secretary shall consider, at a minimum, the following: (i) The potential of the center for manufacturing innovation to advance domestic manufacturing and the likelihood of economic impact in the predominant focus areas of the center for manufacturing innovation. (ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable business model without the need for long-term Federal funding. (iii) How the center for manufacturing innovation will engage with small- and medium-sized manufacturing enterprises, to improve the capacity of such enterprises to commercialize new processes and technologies. (iv) How the center for manufacturing innovation will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the center for manufacturing innovation. (v) How the center for manufacturing innovation will advance economic competitiveness. (vi) How the center for manufacturing innovation will strengthen and leverage the assets of a region. (5) Limitation on period for awards No award of financial assistance may be made under paragraph (1) to a center of manufacturing innovation after the 7-year period beginning on the date on which the Secretary first awards financial assistance to a center under such paragraph. (e) National Program Office (1) Establishment The Secretary of Commerce shall establish, within the Institute, the National Office of the Network for Manufacturing Innovation Program (referred to in this section as the National Program Office ), which shall oversee and carry out the Program. (2) Functions The functions of the National Program Office are— (A) to oversee the planning, management, and coordination of the Program; (B) to enter into memorandums of understanding with Federal departments and agencies, whose missions contribute to or are affected by advanced manufacturing, to carry out the purposes described in subsection (a)(2); (C) to develop, not later than 1 year after the date of the enactment of the Revitalize American Manufacturing and Innovation Act of 2013 , and update not less frequently than once every 3 years thereafter, a strategic plan to guide the Program; (D) to establish such procedures, processes, and criteria as may be necessary and appropriate to maximize cooperation and coordinate of the activities of the Program with programs and activities of other Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing; (E) to establish a clearinghouse of public information related to the activities of the Program; and (F) to act as a convener of the Network. (3) Recommendations In developing and updating the strategic plan under paragraph (2)(C), the Secretary shall solicit recommendations and advice from a wide range of stakeholders, including industry, small- and medium-sized manufacturing enterprises, research universities, community colleges, and other relevant organizations and institutions. (4) Report to congress The Secretary shall transmit the strategic plan required under paragraph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives . (5) Hollings Manufacturing Extension Partnership The Secretary shall ensure that the National Program Office incorporates the Hollings Manufacturing Extension Partnership into Program planning to ensure that the results of the Program reach small- and medium-sized entities. (6) Detailees Any Federal Government employee may be detailed to the National Program Office without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege. (f) Reporting and auditing (1) Annual reports to the Secretary (A) In general The Secretary of Commerce shall require recipients of financial assistance under subsection (d)(1) to annually submit a report to the Secretary that describes the finances and performance of the center for manufacturing innovation for which such assistance was awarded. (B) Elements Each report submitted under subparagraph (A) shall include— (i) an accounting of expenditures of amounts awarded to the recipient under subsection (d)(1); and (ii) a description of the performance of the center for manufacturing innovation with respect to— (I) its goals, plans, financial support, and accomplishments; and (II) how the center for manufacturing innovation has furthered the purposes described in subsection (a)(2). (2) Annual reports to Congress (A) In general Not less frequently than once each year, the Secretary shall submit a report to Congress that describes the performance of the Program during the most recent 1-year period. (B) Elements Each report submitted under subparagraph (A) shall include, for the period covered by the report— (i) a summary and assessment of the reports received by the Secretary under paragraph (1); (ii) an accounting of the funds expended by the Secretary under the Program; and (iii) an assessment of the Program with respect to the purposes described in subsection (a)(2). (3) Triennial assessment by GAO (A) In general Not less frequently than once every 3 years, the Comptroller General of the United States shall submit to Congress an assessment of the operation of the Program during the most recent 3-year period. (B) Elements Each assessment submitted under subparagraph (A) shall include, for the period covered by the report— (i) a review of the management, coordination, and industry utility of the Program; (ii) an assessment of the extent to which the Program has furthered the purposes described in subsection (a)(2); and (iii) such recommendations for legislative and administrative action as the Comptroller General considers appropriate to improve the Program. (g) Additional authorities (1) Appointment of personnel and contracts The Secretary of Commerce may appoint such personnel and enter into such contracts, financial assistance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program including support for research and development activities involving a center for manufacturing innovation. (2) Transfer of funds The Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appropriate to carry out the Program. (3) Authority of other agencies In the event that the Secretary exercises the authority to transfer funds to another agency under paragraph (2), such agency may award and administer all aspects of financial assistance awards under this section. (4) Use of resources In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity. (5) Acceptance of resources In addition to amounts appropriated to carry out the Program, the Secretary may accept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program. (6) Covered entity For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, tribal government, Territory or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual. (h) Patents Chapter 18 of title 35, United States Code, shall not apply if financial assistance is awarded under this section solely for the purpose of planning, establishing, or supporting new or existing centers for manufacturing innovation. (i) Funding (1) Network for Manufacturing Innovation Fund (A) Establishment There is established in the Treasury of the United States a fund to be known as the Network for Manufacturing Innovation Fund (referred to in this paragraph as the Fund ). (B) Elements There shall be deposited in the Fund, which shall constitute the assets of the Fund, amounts appropriated or otherwise made available to carry out the Program. (C) Availability Amounts deposited in the Fund shall be available to the Secretary of Commerce, at the discretion of the Secretary, or the Secretary’s delegee, to carry out the Program without further appropriation and without fiscal year limitation. (2) Authorization of appropriations There is authorized to be appropriated $600,000,000 to the Secretary of Commerce to carry out this section. (3) Administrative expenses The Secretary of Commerce may use not more than 5 percent of the amounts appropriated pursuant to paragraph (2) to pay the salaries, expenses, and other administrative costs incurred by the Secretary under this section. (4) Rescission There is hereby rescinded, from appropriated discretionary funds that remain available for obligation as of the date of the enactment of this Act, $600,000,000. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2996ih/xml/BILLS-113hr2996ih.xml

113-hr-2997

I 113th CONGRESS 1st Session H. R. 2997 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. McCaul (for himself, Mr. Williams , Mr. Thornberry , Ms. Jenkins , Mr. Conaway , Mr. Rice of South Carolina , Mr. Pearce , Mr. Neugebauer , and Mr. Cook ) 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 require each agency to repeal two existing regulations before issuing a new regulation, and for other purposes. 1. Short title This Act may be cited as the One In, Two Out Act . 2. Repeal of regulations required before issuance of a new rule (1) Requirement for rule An agency may not issue a rule unless such agency has repealed two or more rules described in paragraph (4) that, to the extent practicable, are related to the rule. (2) Requirement for major rule (A) Repeal required An agency may not issue a major rule unless— (i) such agency has repealed two or more rules described in paragraph (4) that, to the extent practicable, are related to the major rule; and (ii) the cost of the new major rule is less than or equal to the cost of the rules repealed. (B) Certified cost For any rule issued in accordance with subparagraph (A), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget must have certified that the cost of the new major rule is equal to or less that the cost of the rules repealed. (3) Publication required Any rule repealed under paragraph (1) or (2) shall be published in the Federal Register. (4) Applicability This section— (A) applies to any rule or major rule that imposes a cost or responsibility on a nongovernmental person or a State or local government; and (B) shall not apply to any rule or major rule— (i) that relates to the internal policy or practice of an agency or procurement by the agency; or (ii) that is being revised to be less burdensome to decrease requirements imposed by the rule or cost of compliance. (5) Definitions In this section: (A) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (B) Major rule The term major rule has the meaning given that term in section 804 of title 5, United States Code. (C) Rule The term rule has the meaning given that term in section 551 of title 5, United States Code. (D) State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe.

https://www.govinfo.gov/content/pkg/BILLS-113hr2997ih/xml/BILLS-113hr2997ih.xml

113-hr-2998

I 113th CONGRESS 1st Session H. R. 2998 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Ellison introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to prohibit mandatory pre-dispute arbitration agreements, and for other purposes. 1. Short title This Act may be cited as the Investor Choice Act of 2013 . 2. Findings Congress makes the following findings: (1) Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in such markets. (2) Brokers, dealers, and investment advisers hold powerful advantages over investors, and mandatory arbitration clauses, including contracts that force investors to submit claims to arbitration or to waive their right to participate in class actions, leverage these advantages to severely restrict the ability of defrauded investors to seek redress. (3) Investors should be free to choose arbitration to resolve disputes if they judge that arbitration truly offers them the best opportunity to efficiently and fairly settle disputes, and investors should also be free to pursue remedies in court, should they view that option as superior to arbitration. 3. Arbitration agreements in the Securities Exchange Act of 1934 Section 15(o) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(o) ) is amended to read as follows: (o) Limitations on pre-Dispute agreements Notwithstanding any other provision of law, it shall be unlawful for any broker, dealer, funding portal, or municipal securities dealer to enter into, modify, or extend an agreement with customers or clients of such entity with respect to a future dispute between the parties to such agreement that— (1) mandates arbitration for such dispute; (2) restricts, limits, or conditions the ability of a customer or client of such entity to select or designate a forum for resolution of such dispute; or (3) restricts, limits, or conditions the ability of a customer or client to pursue a claim relating to such dispute in an individual or representative capacity or on a class action or consolidated basis. . 4. Arbitration agreements in the Investment Advisers Act of 1940 Section 205(f) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–5(f) ) is amended to read as follows: (f) Notwithstanding any other provision of law, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of such entity with respect to a future dispute between the parties to such agreement that— (1) mandates arbitration for such dispute; (2) restricts, limits, or conditions the ability of a customer or client of such entity to select or designate a forum for resolution of such dispute; or (3) restricts, limits, or conditions the ability of a customer or client to pursue a claim relating to such dispute in an individual or representative capacity or on a class action or consolidated basis. . 5. Effective date This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act and shall apply to any agreement created, modified, or extended after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2998ih/xml/BILLS-113hr2998ih.xml

113-hr-2999

I 113th CONGRESS 1st Session H. R. 2999 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Ellison (for himself, Ms. Norton , Mr. Rangel , Mr. Scott of Virginia , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for procedures ensuring accuracy in employment-related exchanges of records and information, and for other purposes. 1. Short title This Act may be cited as the Accurate Background Check Act of 2013 or as the ABC Act of 2013 . 2. Procedures relating to employment-related exchanges of records and information Section 534 of title 28, United States Code, is amended by adding at the end the following: (g) Employment with Federal Government or Federal contractor (1) Procedures to ensure accuracy of records The Attorney General shall by rule provide for procedures to ensure that any records and information exchanged under this section for purposes of employment background checks are as accurate and complete as is reasonably possible. (2) Necessary elements of procedures The procedure under paragraph (1) shall ensure that, if a record or information is determined to be inaccurate or incomplete, then not later than 10 days after a request for an exchange of the record or information is made and prior to releasing the record or information to the requesting entity, the Attorney General shall correct or, if appropriate, delete or amend that information, and— (A) conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data; (B) maintain a disposition document database that contains information obtained pursuant to subparagraph (A) that cannot otherwise be posted or maintained and searched in other databases; (C) search the disposition document database established pursuant to subparagraph (B) and any other Federal databases that contain relevant disposition information; and (D) notify each appropriate reporting jurisdiction of any updated information obtained pursuant to this paragraph. (3) Completeness of record or information For purposes of this subsection, a record or information is incomplete if that record or information indicates that an arrest was made and does not include the disposition of that arrest. (4) Opportunity to review records or information In connection with an exchange of a record or information under this section for purposes of employment background checks, the Attorney General shall, prior to the exchange— (A) obtain a statement of consent signed by the subject of such record or information authorizing the exchange of a record or information; (B) provide the applicant an opportunity to obtain a copy of the record or information upon request and to challenge the accuracy and completeness of that record or information; (C) promptly notify the requesting entity of any such challenge; (D) not later than 30 days after the challenge is made, complete an investigation of the challenge; (E) provide to the applicant the specific findings and results of that investigation; and (F) enter such findings in the disposition document database established pursuant to paragraph (2)(B). (5) Report of Attorney General Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that includes— (A) the number of requests for information made under this section; (B) appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of applicants to whom those records or information pertain; (C) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; (D) the percentage of missing arrest dispositions located within the time limit required by this Act; and (E) the number of successful and unsuccessful challenges to the accuracy and completeness of records or information. (6) Certain other parties included as authorized officials for exchanges under this subsection For purposes of exchanges under this subsection, the term employment background checks includes background investigations authorized by Executive Order 10450, background investigations authorized by Homeland Security Presidential Directive 12, and any exchanges made pursuant to section 70105(d) of title 46, United States Code. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2999ih/xml/BILLS-113hr2999ih.xml

113-hr-3000

I 113th CONGRESS 1st Session H. R. 3000 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Aderholt introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for additional investment visas for aliens investing in rural areas. 1. Short title This Act may be cited as the Rural Economy Vital Investment Visa Encouragement Act of 2013 or as the REVIVE Act of 2013 . 2. In general Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ) is amended— (1) in subparagraph (C), by adding at the end the following: (iv) Adjustment for rural areas In the case of an investment made pursuant to subparagraph (E), the amount of capital required under subparagraph (A) shall be $200,000. This amount may be increased by regulation in the same manner as the amount specified in clause (i). ; and (2) by adding at the end the following: (E) Set-aside for rural areas Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who— (i) at the time such aliens apply for a visa under this subparagraph, have nonimmigrant status under section 101(a)(15)(E)(ii) and have been present in the United States for a period 2 years continuously; and (ii) invest in a commercial enterprise described in subparagraph (A) which will create employment in a rural area, except that such commercial enterprise need only create full time employment for not fewer than 5 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3000ih/xml/BILLS-113hr3000ih.xml

113-hr-3001

I 113th CONGRESS 1st Session H. R. 3001 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Andrews introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to permit commercial applicators of pesticides to create, retain, submit, and convey pesticide application-related records, reports, data, and other information in electronic form. 1. Short title This Act may be cited as the 21st Century Pest Management Records Act . 2. Allowing commercial applicators of pesticides To use electronic records to comply with recordkeeping and reporting requirements Section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 136i–1 ) is amended by adding at the end the following: (h) Electronic Recordkeeping and Reporting Notwithstanding any contrary provision of Federal, State, or local law, commercial applicators of pesticides, including commercial applicators of restricted use pesticides, may create, retain, submit, and convey a pesticide application-related record, report, data, or other information in electronic form in order to satisfy any requirement for such creation, retention, submission, or conveyance, respectively, under any Federal, State, or local law. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3001ih/xml/BILLS-113hr3001ih.xml

113-hr-3002

I 113th CONGRESS 1st Session H. R. 3002 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Barr (for himself, Mr. Scalise , Mr. Fleming , Mr. Roe of Tennessee , Mr. Brooks of Alabama , Mr. Labrador , Mr. Stutzman , Mrs. Blackburn , Mr. Salmon , Mr. Weber of Texas , Mr. Ribble , Mr. Posey , and Mr. Conaway ) 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 prohibit the provision of Federal funds to State and local governments for payment of obligations, to prohibit the Board of Governors of the Federal Reserve System from financially assisting State and local governments, and for other purposes. 1. Short title This Act may be cited as the No Bailouts for State and local Governments Act . 2. Prohibition on the use of Federal funds to pay State and local obligations (a) In general Notwithstanding any other provision of law, no Federal funds may be used to purchase or guarantee obligations of, issue lines of credit to, or provide direct or indirect grants-in-aid to any State government, municipal government, local government, or county government which, on or after January 1, 2013, has filed for bankruptcy, has defaulted on its obligations, is at risk of defaulting, or is likely to default, absent such assistance from the United States Government, if such purchase, guarantee, extension of credit, or grant is made for the purpose of assisting the government in— (1) avoiding defaulting on the payment of principal or interest due on an obligation of the government; or (2) curing such a default. (b) Limit on Use of Borrowed Funds The Secretary of the Treasury shall not, directly or indirectly, use general fund revenues or funds borrowed pursuant to title 31, United States Code, to purchase or guarantee any asset or obligation of any State government, municipal government, local government, or county government, or otherwise to assist such government entity, if, on or after January 1, 2013, that State government, municipal government, or county government has filed for bankruptcy, defaulted on its obligations, is at risk of defaulting, or is likely to default, absent such assistance from the United States Government, if such purchase, guarantee, extension of credit, or grant is made for the purpose of assisting the government in— (1) avoiding defaulting on the payment of principal or interest due on an obligation of the government; or (2) curing such a default. (c) Prohibition on Federal Reserve assistance Notwithstanding any other provision of law, the Board of Governors of the Federal Reserve System shall not provide or extend to, or authorize with respect to, any State government, municipal government, local government, county government, or other entity that has taxing authority or bonding authority, any funds, loan guarantees, credits, or any other financial instrument or other authority, including the purchasing of the bonds of such State, municipality, locality, county, or other bonding authority, or to otherwise assist such government entity under any authority of the Board of Governors, if such purchase, guarantee, extension of credit, or grant is made for the purpose of assisting the government in— (1) avoiding defaulting on the payment of principal or interest due on an obligation of the government; or (2) curing such a default. (d) Limitation Subsections (a) through (c) shall not apply to Federal assistance provided in response to a natural disaster.

https://www.govinfo.gov/content/pkg/BILLS-113hr3002ih/xml/BILLS-113hr3002ih.xml

113-hr-3003

I 113th CONGRESS 1st Session H. R. 3003 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mrs. Beatty (for herself, Ms. Fudge , Mr. Enyart , Mr. Veasey , and Mr. Kildee ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the State Small Business Credit Initiative Act of 2010 to allow participating States to provide program funds to small businesses for development of affordable housing. 1. Short title This Act may be cited as the National Expansion of Working-families Housing Options Using Small Enterprises Act of 2013 or the NEW HOUSE Act of 2013 . 2. Support for affordable housing projects Section 3003(c) of the State Small Business Credit Initiative Act of 2010 ( 12 U.S.C. 5702(c) ) is amended— (1) in paragraph (3)— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: (C) to provide funds to small businesses to be used— (i) to develop, acquire, construct, rehabilitate, maintain, operate, or manage housing projects that provide housing that is affordable for low- or moderate-income households, as determined by the Secretary, in consultation with the Secretary of Housing and Urban Development; (ii) notwithstanding section 220 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750) or any other provision of law, to cover any contribution required under such section or any matching amount, contribution amount, or non-Federal share required in connection with any other Federal grant or assistance program to provide housing that is affordable for low- or moderate-income households; or (iii) for purchasing foreclosed properties and property being sold by a State or local government, but only for the use of such properties for the purposes specified in clause (i) of this subparagraph; ; (2) in paragraph (6)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (C) the term small business has the meaning given the term small business concern under section 3(a) of the Small Business Act. ; and (3) by adding at the end the following: (7) Use of funds for affordable housing purposes With respect to a participating State, of amounts transferred under this section to the State that have not been obligated as of the date of the enactment of the Strengthening Economic Development Through Affordable Housing Act of 2013, the State shall use, at a minimum, the lesser of— (A) $2,500,000, and (B) 10 percent of such unobligated amount, for the purposes described under paragraph (3)(C). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3003ih/xml/BILLS-113hr3003ih.xml

113-hr-3004

I 113th CONGRESS 1st Session H. R. 3004 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Bera of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Tariff Act of 1930 to ensure that each Federal agency participating in the International Trade Data System develops and maintains the necessary information technology infrastructure to support the operation of the System, and for other purposes. 1. Short title This Act may be cited as the Reducing Waste and Increasing Efficiency in Trade Act . 2. International Trade Data System (a) Information technology infrastructure Section 411(d) of the Tariff Act of 1930 ( 19 U.S.C. 1411(d) ) is amended— (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (2) by inserting after paragraph (3) the following: (4) Information technology infrastructure (A) In general The Secretary shall work with the head of each agency participating in the ITDS and the Interagency Steering Committee to ensure that each such agency— (i) develops and maintains the necessary information technology infrastructure to support the operation of the ITDS and to submit all data to the ITDS electronically; (ii) enters into a memorandum of understanding, or takes such other action as is necessary, to provide for the information sharing between the agency and the U.S. Customs and Border Protection Agency necessary for the operation and maintenance of the ITDS; and (iii) not later than June 30, 2014, identifies and transmits to the Commissioner of U.S. Customs and Border Protection the admissibility criteria and data elements required by the agency to authorize the release of cargo by the U.S. Customs and Border Protection Agency for incorporation into the operational functionality of the Automated Commercial Environment computer system. (B) Rule of construction Nothing in this paragraph shall be construed to require any action to be taken that would compromise an ongoing law enforcement investigation or national security. . (b) Authorization of appropriations Section 13031(f)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)) is amended by striking subparagraph (C) and inserting the following: (C) There are authorized to be appropriated to the Secretary of the Treasury from amounts available in the Account $25,000,000 for each of fiscal years 2014 through 2018, to remain available until expended, to carry out the provisions of section 411(d)(4) of the Tariff Act of 1930. . (c) Government accountability office report Not later than June 30, 2015, the Comptroller General of the United States shall submit to the Committee on Appropriations and the Committee on Finance of the Senate and the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives a report— (1) evaluating the development and maintenance of the information technology infrastructure necessary to support the operations of the International Trade Data System; and (2) assessing the number of memoranda of understanding and other actions taken by the U.S. Customs and Border Protection Agency and other Federal agencies to ensure the sharing of electronic import and export data.

https://www.govinfo.gov/content/pkg/BILLS-113hr3004ih/xml/BILLS-113hr3004ih.xml

113-hr-3005

I 113th CONGRESS 1st Session H. R. 3005 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Burgess (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend chapter V of the Federal Food, Drug, and Cosmetic Act to permit the sale of, and access to, research use only products in diagnostic tests. 1. Short title This Act may be cited as the Medical Testing Availability Act of 2013 . 2. Clarification regarding research use only products Section 520 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j ) is amended by adding at the end the following subsection: (o) Products with research use only labeling (1) In general A product whose labeling bears the statement described in section 809.10(c)(2)(i) of title 21, Code of Federal Regulations, as in effect on the date of the enactment of this subsection, may not be deemed to be misbranded under this Act on the basis that the manufacturer or distributor of the product— (A) sells the product to an end user who uses the product in a manner inconsistent with such statement; or (B) engages in business communications regarding the product with an end user of the product. (2) Business communications defined In this subsection, the term business communications , with respect to a product with labeling described in paragraph (1)— (A) means oral, written, or electronic contact between a manufacturer or distributor of such product and an end user regarding the functioning of such product; and (B) includes any such contact consisting of technical support, customer service, assistance with the installation of such product, communication relating to ensuring the performance of the product, and other similar contacts. (3) Sunset This subsection shall cease to be effective on the last day of the five-year period beginning on the date of enactment of this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3005ih/xml/BILLS-113hr3005ih.xml

113-hr-3006

I 113th CONGRESS 1st Session H. R. 3006 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Calvert (for himself, Mr. Ruiz , Mr. Gosar , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize a land exchange involving the acquisition of private land adjacent to the Cibola National Wildlife Refuge in Arizona for inclusion in the refuge in exchange for certain Bureau of Land Management lands in Riverside County, California, and for other purposes. 1. Findings Congress finds the following: (1) Certain non-Federal lands adjacent to the Cibola National Wildlife Refuge in La Paz County, Arizona, are desirable for Federal acquisition to protect important riparian areas and migratory bird and other wildlife habitat. (2) The location of certain Bureau of Land Management inholdings in Riverside County, California, renders the land essentially useful only for farming and, therefore, of limited use and enjoyment potential for the general public. (3) These Bureau of Land Management in­hold­ings are appropriate for transfer to private ownership in exchange for lands that will have higher public use values. (4) The acquisition of the non-Federal lands adjacent to the Cibola National Wildlife Refuge will greatly increase management efficiency of the refuge and promote public access, use, and enjoyment of the refuge. 2. Land exchange, Cibola National Wildlife Refuge, Arizona, and Bureau of Land Management land in Riverside County, California (a) Conveyance of bureau of land management land In exchange for the land described in subsection (b), the Secretary of the Interior shall convey to River Bottom Farms of La Paz County, Arizona, all right, title and interest of the United States in and to certain Federal land administered by the Secretary through the Bureau of Land Management consisting of a total of approximately 80 acres, and more specifically described as Lot 4 of Section 24, Township 8 South, Range 22 East, San Bernardino Meridian, Riverside County, California. The conveyed land shall be subject to valid existing rights, including easements, rights-of-way, utility lines, and any other valid encumbrances on the land as of the date of the conveyance under this section. (b) Consideration As consideration for the conveyance of the Federal land under subsection (a), River Bottom Farms shall convey to the United States all right, title, and interest of River Bottom Farms in and to two parcels of land contiguous to the Cibola National Wildlife Refuge in La Paz County, Arizona, consisting of a total of approximately 40 acres and more specifically described as follows: (1) The W½NW¼SE¼ of fractional Section 7, Township 1 South, Range 23 West, Gila and Salt River Base and Meridian, La Paz County, Arizona, which is also known as parcel number 301–05–005B–9. (2) The W½SW¼NE¼ of such Section 7, which is also known as parcel number 301–05–008–0. (c) Equal value exchange The values of the Federal land and non-Federal land to be exchanged under this section shall be equal or equalized by the payment of cash to the Secretary or River Bottom Farms, as appropriate, pursuant to section 206(b) of the Federal Land Policy Management Act ( 43 U.S.C. 1716(b) ). The value of the land shall be determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and River Bottom Farms and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000). (d) Exchange timetable The Secretary shall complete the land exchange under this section not later than one year after the date of the enactment of this Act, unless the Secretary and River Bottom Farms mutually agree to extend such deadline. (e) Administration of acquired land The land acquired by the Secretary under subsection (b) shall become part of the Cibola National Wildlife Refuge and be administered in accordance with the laws and regulations generally applicable to the National Wildlife Refuge System.

https://www.govinfo.gov/content/pkg/BILLS-113hr3006ih/xml/BILLS-113hr3006ih.xml

113-hr-3007

I 113th CONGRESS 1st Session H. R. 3007 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Calvert introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require States to recognize the military experience of veterans when issuing licenses and credentials to veterans, and for other purposes. 1. Requirement that States recognize military experience of veterans when issuing licenses and credentials to veterans (a) In general Section 4102A(c) of title 38, United States Code, is amended by striking paragraph (9) and inserting the following new paragraph (9): (9) (A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall— (i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran— (I) receives a satisfactory score on completion of such examination, as determined by the State; and (II) has not less than 10 years of experience in a military occupational specialty that, as determined by the State, is similar to a civilian occupation for which such license or credential is required by the State; and (ii) submits each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report, the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. (B) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii). . (b) Effective date (1) Exams Subparagraph (A) of section 4102A(c)(9) of such title, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to grants and contracts described in such subparagraph awarded after such date. (2) Reports Subparagraph (B) of section 4102A(c)(9), as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3007ih/xml/BILLS-113hr3007ih.xml

113-hr-3008

I 113th CONGRESS 1st Session H. R. 3008 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mrs. Capps introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of a small parcel of National Forest System land in Los Padres National Forest in California, and for other purposes. 1. Land conveyance, Los Padres National Forest, California (a) Conveyance required The Secretary of Agriculture shall convey to the White Lotus Foundation all right, title, and interest of the United States in and to a parcel of real property within Los Padres National Forest in Santa Barbara County, California, consisting of approximately five acres, as shown on the map titled San Marcos Pass Encroachment for Consideration of Legislative Remedy and dated June 1, 2009. (b) Costs As a condition of the conveyance of the Federal land under subsection (a), the White Lotus Foundation shall pay— (1) an amount equal to the appraised value of the Federal land determined in accordance with subsection (c); and (2) all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land. (c) Appraisal To determine fair market value The Secretary of Agriculture shall determine the fair market value of the Federal land to be conveyed under subsection (a)— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) based on an appraisal that is conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Survey The exact acreage and legal description of the Federal land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of Agriculture. (e) Treatment of existing rights As an additional condition of the conveyance under subsection (a), the White Lotus Foundation shall agree to continue to allow access, to the same extent as permitted during 2012, to the roadway in existence on the Federal land to be conveyed under such subsection. (f) Additional terms and conditions The Secretary of Agriculture may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3008ih/xml/BILLS-113hr3008ih.xml

113-hr-3009

I 113th CONGRESS 1st Session H. R. 3009 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Agriculture A BILL To protect investors in futures contracts. 1. Short title This Act may be cited as the Futures Investor Protection Act . 2. Futures investors protection fund (a) Futures investor protection corporation (1) Creation and membership (A) Creation There is established a nonprofit corporation to be known as the Futures Investor Protection Corporation (in this Act referred to as the FIPC ), which shall not be an agency or establishment of the United States Government. (B) Membership (i) Members of fipc The FIPC shall be a membership corporation the members of which shall be all persons registered under the Commodity Exchange Act with the Commission as a futures commission merchant, other than persons whose principal business, in the determination of the FIPC, taking into account business of affiliated entities, is conducted outside the United States and its territories and possessions. (ii) Commission review; additional members Subparagraphs (B) and (C) of section 3(a)(2) of SIPA shall apply with respect to determinations of the FIPC in the same way the subparagraphs apply with respect to determinations of the SIPC and to brokers and dealers referred to in such subparagraph (D). (iii) Disclosure Section 3(a)(2)(D) of SIPA shall apply to futures commission merchants in the same way the section applies to brokers and dealers referred to in such section. (2) Powers The FIPC shall have all the powers conferred on the SIPC. (3) Board of directors (A) Functions The FIPC shall have a Board of Directors which, subject to the provisions of this Act, shall determine the policies which shall govern the operations of FIPC. (B) Number and appointment The Board of Directors shall consist of 7 persons as follows: (i) 1 director shall be appointed by the Secretary of the Treasury from among the officers and employees of the Department of the Treasury. (ii) 1 director shall be appointed by the Board of Governors of the Federal Reserve System from among the officers and employees of that Board. (iii) 5 directors shall be appointed by the President, by and with the advice and consent of the Senate, as follows: (I) 3 directors shall be selected from among persons who are associated with, and representative of different aspects of, the futures industry, not all of whom shall be from the same geographical area of the United States. (II) 2 directors shall be selected from the general public from among persons who are not associated with a futures commission merchant or a contract market, or similarly associated with any self-regulatory organization or other futures industry group, and who have not had any such association during the 2 years preceding appointment. (C) Chairman and vice chairman The President shall designate a Chairman and Vice Chairman from among those directors appointed under subparagraph (B)(iii)(II). (D) Terms (i) In general Except as provided in clauses (ii) and (iii), each director shall be appointed for a term of 3 years. (ii) Initially appointed members Of the directors first appointed under subparagraph (B)— (I) 2 shall hold office for a term expiring on December 31, 2014; (II) 2 shall hold office for a term expiring on December 31, 2015; and (III) 3 shall hold office for a term expiring on December 31, 2016, as designated by the President at the time they take office. The designation shall be made in a manner which will assure that no 2 persons appointed under the authority of the same subclause of subparagraph (B)(iii) shall have terms which expire simultaneously. (iii) Vacancies A vacancy in the Board shall be filled in the same manner as the original appointment was made. Any director appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the director was appointed shall be appointed only for the remainder of the term. A director may serve after the expiration of the term for which appointed until the successor of the director has taken office. (E) Compensation All matters relating to compensation of directors shall be as provided in the bylaws of the FIPC. (4) Meetings of board; bylaws and rules Subsections (d) and (e) of section 3 of SIPA shall apply with respect to the FIPC and the Commission in the same way the subsections apply with respect to the SIPC and the Securities and Exchange Commission. (b) FIPC fund (1) In general The FIPC shall establish, and make deposits into and payments from, an FIPC fund (in this Act referred to as the fund ) in the same manner in which the SIPC has established, and is authorized to make deposits into and payments from, the SIPC fund. (2) Assessments The FIPC shall impose on its members assessments subject to the same rules that apply to the imposition by the SIPC of assessments on the members of the SIPC. (c) Other provisions Sections 5 through 16 of the SIPA shall apply with respect to the FIPC and the members, directors, officers, and employees of the FIPC, the Commission, the FIPC fund, futures commission merchants and their affiliates, futures contracts, futures transactions, customers, and debtors in the same way the sections apply with respect to the SIPC and the members, directors, officers, and employees of the SIPC, the Securities and Exchange Commission, the SIPC fund, persons registered as brokers or dealers (as defined in section 16(12) of the SIPA) and their affiliates, securities, securities transactions, customers (as defined in section 16(2) of the SIPA), and debtors (as defined in section 16(5) of the SIPA), respectively. (d) Definitions In this section: (1) Commission The term Commission means the Commodity Futures Trading Commission. (2) Contract market The term contract market means a board of trade designated as a contract market under the Commodity Exchange Act. (3) Futures contract The term futures contract means a contract of sale of a commodity for future delivery, within the meaning of the Commodity Exchange Act. (4) Futures commission merchant The term futures commission merchant has the meaning given the term in section 1a(28) of the Commodity Exchange Act. (5) SIPA The term SIPA means the Security Investors Protection Act of 1970. (6) SIPC The term SIPC means the Security Investors Protection Corporation. (7) SIPC fund The term SIPC fund means the fund established under section 4(a)(1) of the SIPA. 3. Suitability rules (a) In general The Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) is amended by inserting after section 4t the following: 4u. Suitability rules (a) In general (1) Recommendations must be suitable for the customer A futures commission merchant shall not recommend a transaction or investment strategy involving a contract of sale of a commodity for future delivery, unless the futures commission merchant has a reasonable basis to believe that the transaction or investment strategy is suitable for the customer, based on the information obtained through the reasonable diligence of the futures commission merchant to ascertain the customer's investment profile. A customer's investment profile includes, but is not limited to, the customer's age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the futures commission merchant in connection with the recommendation. (2) Safe harbor in certain cases A futures commission merchant is deemed to comply with paragraph (1) in the case of a customer with an institutional account, if— (A) the futures commission merchant has a reasonable basis to believe that the customer is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a contract of sale of a commodity for future delivery; and (B) the customer affirmatively indicates that it is exercising independent judgment in evaluating the recommendations of the futures commission merchant. (b) Applicability with respect to certain agents If a customer with an institutional account has delegated decisionmaking authority to an agent, subsection (a) shall be applied with respect to the agent. (c) Institutional account defined In this section, the term institutional account means the account of— (1) a bank, savings and loan association, insurance company or registered investment company; (2) an investment adviser registered with the Securities and Exchange Commission under section 203 of the Investment Advisers Act or with a State securities commission (or any agency or office performing like functions); or (3) any other person (whether a natural person, corporation, partnership, trust or otherwise) with total assets of at least $50,000,000. (d) Penalties The Commission may impose 1 or more of the following sanctions on a person found by the Commission to have violated this section or to have neglected or refused to comply with an order issued by the Commission under this section: (1) Censure. (2) A fine. (3) Expulsion of the person from, or revocation of the membership of the person in, a registered entity. (4) Suspension for a definite period or a period contingent on the performance of a particular act, or revocation, of the registration of the person under this Act with the Commission as a futures commission merchant. (5) Suspension or bar of the person from association with any other futures commission merchant. (6) A temporary or permanent cease and desist order against the person. (7) Any other fitting sanction. . (b) Effective date Within 6 months after the date of the enactment of this Act, the Commodity Futures Trading Commission shall issue regulations for the implementation of the amendment made by subsection (a). 4. Review of proof of claims rules (a) In general The Commodity Futures Trading Commission shall review the guidelines for establishing account classes and determining the basis for pro rata shares under, and the sample claim form set forth in, part 190 of title 17, Code of Federal Regulations, and consider the desirability of allowing use of a set date for valuation purposes rather than the date of actual liquidation of positions. (b) Report to the Congress Within 1 year after the date of the enactment of this Act, the Commodity Futures Trading Commission shall submit to the Congress a written report that contains the findings of the Commission with respect to the matters referred to in subsection (a), and includes such changes to the regulations in such part as the Commission deems appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr3009ih/xml/BILLS-113hr3009ih.xml

113-hr-3010

I 113th CONGRESS 1st Session H. R. 3010 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to require that repurchase-to-maturity transactions be treated as secured borrowings. 1. Short title This Act may be cited as the Keep Repos to Maturity on Balance Sheet Act of 2013 . 2. Accounting treatment of RTM transactions (a) In general In establishing accounting principles or standards for purposes of the securities laws, the Securities and Exchange Commission shall require that a repurchase-to-maturity transaction be treated as a secured borrowing in which the transferred asset serves as collateral. (b) Definitions In this section: (1) Repurchase-to-maturity transaction The term repurchase-to-maturity transaction means a transaction in which— (A) a financial asset is transferred in exchange for cash, other financial assets, or letters of credit; and (B) concurrently with the transfer, the transferor and the transferee agree that, at the maturity of the transferred asset, the transferee may either, at the option of the transferee— (i) return the transferred asset (or a substantially similar asset) to the transferor, thereby obligating the transferor to reacquire the transferred asset (or to acquire the substantially similar asset, as the case may be) for an amount equal to the value of the cash, other financial assets, or letters of credit described in subparagraph (A), plus a stipulated interest factor; or (ii) redeem the transferred asset from the issuer of the transferred asset. (2) Securities laws The term securities laws has the meaning given such term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (3) Transferred asset The term transferred asset means a financial asset transferred in exchange for cash, other financial assets, or letters of credit in a repurchase-to-maturity transaction, as described in paragraph (1)(A). (c) Effective date The treatment required under subsection (a) shall apply beginning on the date that is 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3010ih/xml/BILLS-113hr3010ih.xml

113-hr-3011

I 113th CONGRESS 1st Session H. R. 3011 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to require any person subject to accounting principles or standards under the securities laws to show all transactions of such person on the balance sheet of such person. 1. Short title This Act may be cited as the Nothing Off Balance Sheet Act of 2013 . 2. All transactions required to be shown on balance sheet (a) In general In establishing accounting principles or standards for purposes of the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), the Securities and Exchange Commission shall require any person subject to such principles or standards to show all transactions of such person on the balance sheet of such person. (b) Regulations The Securities and Exchange Commission shall promulgate regulations to implement subsection (a) not later than the date that is 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3011ih/xml/BILLS-113hr3011ih.xml

113-hr-3012

I 113th CONGRESS 1st Session H. R. 3012 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Capuano (for himself, Mr. Lynch , Mr. Himes , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services , 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 Securities and Derivatives Commission in order to combine the functions of the Commodity Futures Trading Commission and the Securities and Exchange Commission in a single independent regulatory commission. 1. Short title; table of contents (a) Short title This Act may be cited as the Markets and Trading Reorganization Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definition. Title I—Establishment of commission Sec. 101. Establishment. Sec. 102. Members; appointment; terms. Sec. 103. Organization of Commission. Title II—Transfers of functions Sec. 201. Commodity Futures Trading Commission functions. Sec. 202. Securities and Exchange Commission functions. Title III—Administrative provisions Sec. 301. Personnel provisions. Sec. 302. General administrative provisions. Title IV—Fee and Funding Authority Sec. 401. Funding authority of the Commission. Title V—Transitional, savings, and conforming provisions Sec. 501. Savings provisions. Sec. 502. Reference. Sec. 503. Amendments. Title VI—Effective date Sec. 601. Effective date. 2. Purposes The purposes of this Act are— (1) to establish a single Federal regulatory body with jurisdiction over securities, derivatives, options, futures, and related markets and instruments; (2) to coordinate the regulation of relevant financial markets; (3) to strengthen investor confidence in United States financial markets; and (4) to ensure the efficiency and competitiveness of those markets. 3. Definition As used in this Act, the term Commission , other than where expressly referring to the Securities and Exchange Commission or the Commodity Futures Trading Commission, means the Securities and Derivatives Commission established by section 101 of this Act. I Establishment of commission 101. Establishment There is established an independent regulatory commission to be known as the Securities and Derivatives Commission. 102. Members; appointment; terms (a) Composition of commission The Commission shall be composed of 5 commissioners appointed by the President, by and with the advice and consent of the Senate. One of the commissioners shall be designated by the President as chairperson. Not more than three of such commissioners shall be members of the same political party. Each commissioner shall be selected solely on the basis of integrity and demonstrated knowledge of the operations of the markets subject to the jurisdiction of the Commission. (b) Qualifications In appointing commissioners under subsection (a), the President shall— (1) select persons who each have demonstrated knowledge of securities, futures, swaps, or other derivatives, the regulation of such instruments, or the markets for agricultural or other types of commodities underlying transactions subject to the oversight of the Commission under this Act; and (2) seek to ensure that the demonstrated knowledge of the commissioners is balanced with respect to such areas, with at least one commissioner having knowledge of the agricultural commodities market. (c) Terms Each commissioner shall be appointed for a term of 5 years, except that a commissioner may continue to serve after the expiration of such term until a successor is appointed and has qualified. (1) The terms of office of the commissioners first taking office after the enactment of this Act shall expire, as designated by the President at the time of their appointment— (A) one at the end of 1 year; (B) two at the end of 3 years; and (C) two at the end of 5 years. (2) Any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed for the remainder of such term. 103. Organization of Commission (a) Required divisions The Commission shall establish the principal divisions and subdivisions of the Commission, including, at a minimum, the following three divisions: (1) A Markets and Trading Division with oversight of market conduct and utilities, the conduct of market professionals, and self-regulatory organizations with regard to such market professionals, including related examination functions. (2) An Issuers and Financial Disclosures Division with oversight of the issuance of securities, including investment companies and related rules and examinations. (3) An Enforcement Division responsible for the enforcement of all rules of the Commission. (b) Other offices The Commission may establish such other offices as it determines useful in the conduct of the Commission’s affairs. II Transfers of functions 201. Commodity Futures Trading Commission functions There are transferred to the Commission all functions of the Commodity Futures Trading Commission and of any officer or component of the Commodity Futures Trading Commission. 202. Securities and Exchange Commission functions There are transferred to the Commission all functions of the Securities and Exchange Commission and of any officer or component of the Securities and Exchange Commission. III Administrative provisions 301. Personnel provisions (a) Appointment and compensation The Commission may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and the compensation of such employees shall be fixed in accordance with section 4802 of title 5, United States Code. The Commission shall, in accordance with such section, adjust the compensation of employees so that the compensation of employees transferred from the Commodity Futures Trading Commission pursuant to subsection (b) and the compensation of employees transferred from the Securities and Exchange Commission under such subsection are aligned. In making such an adjustment, the Commission shall not reduce the compensation of any employee. (b) Transfer of employees (1) In general All employees of the Commodity Futures Trading Commission and the Securities and Exchange Commission shall be transferred to the Commission. Each employee to be transferred under this subsection shall be transferred not later than 90 days after the effective date set forth in section 601. (2) Employee status and functions (A) Status The transfer of employees under this section shall not affect the status of the transferred employees as employees of an agency of the United States under any provision of law. Each transferred employee shall be placed in a position at the Commission with the same status and tenure as the transferred employee held on the day before the date on which the employee was transferred. (B) Functions To the extent practicable, each transferred employee shall be placed in a position at the Commission responsible for the same functions and duties as the transferred employee had on the day before the date on which the employee was transferred, in accordance with the expertise and preferences of the transferred employee. (3) Personnel actions limited (A) Protection Except as provided in subparagraph (B), each transferred employee shall not, during the 3-year period beginning on the transfer date, be involuntarily separated, or involuntarily reassigned outside his or her locality pay area. (B) Exceptions Subparagraph (A) does not limit the right of the Commission to— (i) separate an employee for cause or for unacceptable performance; (ii) terminate an appointment to a position excepted from the competitive service because of its confidential policy-making, policy-determining, or policy-advocating character; or (iii) reassign an employee outside such employee’s locality pay area when the Commission determines that the reassignment is necessary for the efficient operation of the Commission. (4) Pay (A) Protection (i) In general Except as provided in clause (ii), each transferred employee shall, during the 3-year period beginning on the designated transfer date, receive pay at a rate equal to not less than the basic rate of pay (including any geographic differential) that the employee received during the pay period immediately preceding the date of transfer. (ii) Limitation Notwithstanding clause (i), if the employee was receiving a higher rate of basic pay on a temporary basis (because of a temporary assignment, temporary promotion, or other temporary action) immediately before the date of transfer, the Commission may reduce the rate of basic pay on the date on which the rate would have been reduced but for the transfer, and the protected rate for the remainder of the 3-year period shall be the reduced rate that would have applied, but for the transfer. (B) Exceptions Subparagraph (A) does not limit the right of the Commission to reduce the rate of basic pay of a transferred employee— (i) for cause or for unacceptable performance; or (ii) with the consent of the employee. (C) Protection only while employed Subparagraph (A) applies to a transferred employee only while that employee remains employed by the Commission. (D) Pay increases permitted Subparagraph (A) does not limit the authority of the Commission to increase the pay of a transferred employee. 302. General administrative provisions (a) General authority In carrying out any function transferred by this Act, the Commission, or any officer or employee of the Commission, may exercise any authority available by law with respect to such function to the official or agency from which such function is transferred, and the actions of the Commission, or any officer or employee of the Commission in exercising such authority shall have the same force and effect as when exercised by such official or agency. (b) Rules The Commission may prescribe such rules and regulations as the Commission determines necessary or appropriate to administer and manage the functions of the Commission. (c) Contracts The Commission may make, enter into, and perform such contracts, grants, leases, cooperative agreements, or other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Commission may determine necessary or appropriate to carry out functions of the Commission. (d) Regional and field offices The Commission may establish, alter, discontinue, or maintain such regional or other field offices as the Commission may find necessary or appropriate to perform functions of the Commission. (e) Reserve fund The Commission may obligate amounts in the Reserve Fund established under section 4(i) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d(i) ), not to exceed a total of $100,000,000 in any 1 fiscal year, as the Commission determines is necessary to carry out the functions of the Commission, including those transferred by title II of this Act. Any amounts in the reserve fund shall remain available until expended. Not later than 10 days after the date on which the Commission obligates amounts under this subsection, the Commission shall notify Congress of the date, amount, and purpose of the obligation. IV Fee and Funding Authority 401. Funding authority of the Commission (a) Commodity Futures Trading Commission Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended— (1) in subsection (b)(1), by striking and as may be from time to time appropriated for by Congress ; (2) by striking subsection (d); and (3) in subsection (f)(3), by striking Any payment or reimbursement accepted shall be considered a reimbursement to the appropriated funds of the Commission. and inserting Such payments or reimbursements shall be available to the Commission without further appropriation. . (b) Securities and Exchange Commission Section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) is amended— (1) in subsection (a)— (A) in the heading for such subsection, by striking Recovery of Costs of Annual Appropriation and inserting In general ; and (B) by striking recover the costs to the Government of the annual appropriation to the Commission by Congress and inserting cover the costs to the Commission for the supervision and regulation of securities markets and securities professionals, and use such fees and assessments without further appropriation ; (2) by striking subsection (i); (3) in subsection (j)— (A) by striking regular appropriation to the Commission by Congress each place such term appears and inserting target offsetting collection amount ; and (B) by amending paragraph (4)(A) to read as follows: (A) Annual adjustment An adjusted rate prescribed under paragraph (1) shall take effect on the first day of the fiscal year to which such rate applies. ; and (4) by striking subsection (k). V Transitional, savings, and conforming provisions 501. Savings provisions (a) Continuity of legal instruments All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, the Securities and Exchange Commission, or the Commodity Futures Trading Commission, or any component thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Commission, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Commission, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Continuity of proceedings (1) In general The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act before either the Securities and Exchange Commission or the Commodity Futures Trading Commission, or any component thereof, functions of which are transferred by this Act. Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Commission, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) Regulations concerning transfers The Commission may prescribe regulations providing for the orderly transfer of proceedings continued under paragraph (1) to the Commission. (c) Pending litigation Except as provided in subsection (e)— (1) the provisions of this Act shall not affect suits commenced prior to the effective date of this Act; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Nonabatement No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Securities and Exchange Commission or the Commodity Futures Trading Commission, or any component thereof, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. (e) Substitution of parties If, before the date on which this Act takes effect, the Securities and Exchange Commission or the Commodity Futures Trading Commission, or any component thereof, or officer thereof in the official capacity of such officer, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Commission or any other official of the Commission, then such suit shall be continued with the Commission or other appropriate official of the Commission substituted or added as a party. (f) Judicial review as required by existing law Orders and actions of the Commission in the exercise of functions transferred under this Act shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this Act shall apply to the exercise of such function by the Commission. 502. Reference Any reference in any other Federal law to the Securities and Exchange Commission or the Commodity Futures Trading Commission shall be deemed a reference to the Securities and Derivatives Commission established by this Act. 503. Amendments (a) Executive schedule salaries (1) Chairperson Section 5314 of title 5, United States Code, is amended— (A) by striking Chairman, Securities and Exchange Commission. and inserting Chairperson, Securities and Derivatives Commission. ; and (B) by striking Chairman, Commodity Futures Trading Commission. . (2) Members Section 5315 of title 5, United States Code, is amended— (A) by striking Members, Securities and Exchange Commission and inserting Members, Securities and Derivatives Commission ; and (B) by striking Members, Commodity Futures Trading Commission. . (b) Conforming amendments (1) Securities exchange act Sections 4(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d(a) ) is amended— (A) by striking There is hereby established a Securities and Exchange Commission (hereinafter referred to as the Commission ) to be composed of five commissioners to be appointed by the President by and with the advice and consent of the Senate. Not more than three of such commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable. ; and (B) by striking Each commissioner shall hold office for a term of five years and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except (1) any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the commissioners first taking office after the enactment of this title shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years, after the date of the enactment of this title. . (2) Commodity exchange act Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2a) is amended by striking paragraphs (2), (3), and (4). (3) Dodd-Frank Section 111(b)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5321(b)(1) ) is amended— (A) by amending subparagraph (E) to read as follows: (E) the Chairperson of the Securities and Derivatives Commission; ; (B) by striking subparagraph (G); and (C) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (G), (H), and (I), respectively. VI Effective date 601. Effective date The provisions of this Act shall take effect 1 year after the date of enactment of this Act, except that the President may nominate and the Senate confirm Commissioners prior to such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3012ih/xml/BILLS-113hr3012ih.xml

113-hr-3013

I 113th CONGRESS 1st Session H. R. 3013 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Cassidy (for himself, Mr. Palazzo , Mr. Alexander , Mr. Boustany , Mr. Scalise , Mr. Nunnelee , Mr. Jones , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reform the National Flood Insurance Program, and for other purposes. 1. Short title This Act may be cited as the Home Protection Act of 2013 . 2. Mapping of non-structural flood mitigation features Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b ) is amended— (1) in subsection (b)(1)(A)— (A) in clause (iv), by striking and at the end; (B) by redesignating clause (v) as clause (vi); (C) by inserting after clause (iv) the following new clause: (v) areas that are protected by pumping stations, decertified levees, or non-Federal or non-structural flood protection measures; and ; and (D) in clause (vi) (as so redesignated), by striking flood control structures and inserting flood control structures, pumping stations, decertified levees, or non-Federal or non-structural flood mitigation measures ; and (2) in subsection (d)(1)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: (A) work with States, local communities, and property owners to identify areas and measures described in subsection (b)(1)(A)(v); . 3. Applying circular wind models to flood insurance rate maps Section 100216(b)(3) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b)(3) ) is amended— (1) in subparagraph (D), by striking and at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following new subparagraph: (E) in consultation with the Secretary of the Army, acting through the Chief of Engineers, any relevant information that leads to the appropriate use of circular wind models for the application of stillwater elevation calculations; and . 4. Home improvement fairness Section 1307(a)(2)(E)(ii) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(2)(E)(ii)) is amended by striking 30 percent and inserting 50 percent . 5. Construction and restoration of flood protection systems (a) Adequate progress on construction of flood protection systems Section 1307(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) ) is amended— (1) in the first sentence, by inserting or reconstruction after construction ; (2) in the second sentence, by striking construction of a flood protection system as required herein has been only if and inserting construction or reconstruction of a flood protection system has been made only if, based on the present value of the completed system ; and (3) by adding at the end the following new sentence: The Administrator shall not consider the level of Federal funding of or participation in the construction or reconstruction of a flood protection system in determining whether adequate progress on such construction has been made. . (b) Communities restoring disaccredited flood protection systems Section 1307(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) ) is amended in the first sentence by striking no longer does so. and inserting the following: no longer does so, and shall apply without regard to the level of Federal funding of or participation in the restoration of the flood protection system. . 6. State and local government flexibility The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) is amended by inserting after section 1308 the following: 1308A. State and local government flexibility (a) In general The Administrator shall issue regulations to establish a means by which a State or local government may, on its own accord or in conjunction with other State or local governments, submit such payments to the Administrator as are necessary to cover part or all of the cost of any premium for any property within the jurisdiction of the State or local government. (b) Risk premium rate The Administrator shall, under the regulations issued under subsection (a), require that the amount of any payment from a State or local government under such regulations be consistent with sections 1307 and 1308. . 7. Appropriate credit for flood control structures Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) is amended by adding at the end the following: (k) Actual protection provided by levee systems The Administrator may not publish a flood insurance rate map or an update to a flood insurance rate map for an area unless— (1) the flood insurance rate map or update adequately reflects the level of protection provided by any flood protection system for such area, including a pumping station, decertified levee, or non-Federal or non-structural flood mitigation measure, against the 100-year frequency flood, regardless of the accreditation status of the flood protection system; or (2) the community for which a flood protection system provides protection elects not to provide the data necessary for the Administrator to publish a flood insurance rate map or update that adequately reflects the protection provided by the flood protection system against the 100-year frequency flood. . 8. Integration of revised levee analysis and mapping procedures Notwithstanding any other provision of law, paragraphs (1) and (2) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) ) shall have no force or effect with respect to a property until— (1) the Administrator of the Federal Emergency Management Agency publishes or updates a flood insurance rate map for the area in which the property is located that adequately reflects the protection provided by any flood protection system for such area, including a pumping station, decertified levee, or non-Federal or non-structural flood mitigation measure, against the 100-year frequency flood, without regard to the accreditation status of the flood protection system; or (2) the community in which such property is located elects not to provide the data necessary for the Administrator to publish a flood insurance rate map or update that adequately reflects the protection provided by any flood protection system, including a pumping station, decertified levee, or non-Federal or non-structural flood mitigation measure. 9. Alternative approach for assessing and pricing flood risk It is the sense of the House of Representatives that— (1) there should be established in the House of Representatives a Bipartisan Task Force on Innovation in Financing Flood Risk with the primary purpose of compiling data and information on innovative market-based solutions to make flood insurance more accessible and affordable for all Americans; and (2) such Task Force should— (A) consult with flood risk management stakeholder groups, insurers, reinsurers, State regulators, and financial experts knowledgeable and interested in finding innovative new rate methodologies and approaches to financing flood risk, including insurance risk securitization; (B) compile information on existing risk assessment methodologies that— (i) identify and standardize broader types of risks, hazards, structures, and losses, at a granular level, faced by property owners and communities, that helps investors, buyers, regulators, and policymakers finding a methodology to facilitate transparency and liquidity while reducing risk and increasing asset value through the clear reduction of risk uncertainty; (ii) encourage transparency in the development of Flood Insurance Rate Maps that the Federal Emergency Management Agency uses to assign risk in flood-risk zones; (iii) introduce financial or non-financial risk determination, analysis, and valuation of individual mortgages and housing transactions in a unified approach that includes engineering structures and environmental risks in the pricing by risk elements of catastrophe-linked products; (iv) integrate different approaches (financial, actuarial, and engineering) into one pricing framework that complements modern flood risk analysis and captures potential losses as accurately as possible; (v) granulate the risks and value and offer risk-differentiated and risk-specific solutions so that any differentiated risk can be redistributed and diversified in numerous ways; (vi) explore transparency indexes that link monetary value to risk disclosure; and (vii) average national catastrophic insured losses and appropriately assign weights and risk values to equitably distribute catastrophic, all-peril insurance risk; (C) consider the relationship between new transparent, benchmark pricing of flood insurance-linked securitization and structured catastrophe derivatives that integrates engineering, financial, and actuarial parameters to reduce the cost of mitigating financial losses due to floods; (D) evaluate options for— (i) educating policyholders on methods for risk mitigation; (ii) integrating policyholder and capital market participants, including investors, in the entire risk-financing process to demonstrate or feature specific system measures that increase asset value; and (iii) expressing different ways to incentivize both the financial markets and the individual market participant to update all risk disclosures and risk-remediating actions on an individual basis; and (E) not later than 180 days after the date of the enactment of this Act, report findings, options, and recommendations to the House of Representatives with regard to the consideration of future flood-risk analysis and risk innovation in pricing.

https://www.govinfo.gov/content/pkg/BILLS-113hr3013ih/xml/BILLS-113hr3013ih.xml

113-hr-3014

I 113th CONGRESS 1st Session H. R. 3014 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Cohen introduced the following bill; which was referred to the Committee on the Judiciary A BILL To permit expungement of records of certain nonviolent criminal offenses, and for other purposes. 1. Short title This Act may be cited as the Fresh Start Act of 2013 . 2. Expungement of criminal records for certain nonviolent offenders (a) In general Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: D Expungement Sec. 3631. Expungement of certain criminal records in limited circumstances. 3632. Requirements for expungement. 3633. Procedure for expungement. 3634. Effect of expungement. 3635. Reversal of expunged records. 3631. Expungement of certain criminal records in limited circumstances (a) In general Any eligible individual convicted of a nonviolent offense may file a petition under this subchapter for expungement with regard to that nonviolent offense. (b) Definition of nonviolent offense In this subchapter, the term nonviolent offense means any offense under this title that— (1) is not a crime of violence (as such term is defined in section 16 of title 18, United States Code); or (2) is not an offense that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. 3632. Requirements for expungement An individual is eligible for expungement under this subchapter if that individual— (1) at the time of filing, had never been convicted of any criminal offense (including any offense under State law) other than nonviolent offenses committed in a single criminal episode that includes the offense for which expungement is sought; and (2) has fulfilled all requirements of the sentence of the court in which the individual was convicted of that nonviolent offense, including— (A) paying all fines, restitutions, or assessments; (B) completion of any term of imprisonment or period of probation; (C) meeting all conditions of a supervised release; and (D) if so required by the terms of the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than 1 year. 3633. Procedure for expungement (a) Petition A petition for expungement may be filed only in the court in which the petitioner was convicted of the nonviolent offense for which expungement is sought. The clerk of the court shall serve that petition on the United States Attorney for that district. Except as provided under subsection (d), not later than 60 days after service of such petition, the United States Attorney may submit recommendations to the court and provide a copy of those recommendations to the petitioner. (b) Submission of evidence The petitioner and the Government may file with the court evidence relating to the petition. (c) Basis for decision In making a decision on the petition, the court shall consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety. (d) Subsequent petition If the court denies the petition, the petitioner may not file another such petition until the date that is 2 years after the date of such denial. (e) Mandatory grant of petition (1) In general Except as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled all requirements of the sentence. The United States Attorney may not submit recommendations under subsection (a) with regard to that petition. (2) Exceptions The court may not grant under this subsection the petition of a petitioner who has committed a nonviolent offense that is one of the following: (A) Any offense under this title that causes the petitioner to be required to register under the Sexual Offender Registration and Notification Act. (B) Any offense under this title that causes a victim or victims to sustain a loss of not less than $25,000. 3634. Effect of expungement (a) In general An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement. (b) No disqualification; statements An individual whose petition under this subchapter is granted shall not be required to divulge information pertaining to the nonviolent offense with regard to which expungement is sought, nor shall such individual be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of the failure of the individual to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of the individual for any purpose. The fact that such individual has been convicted of the nonviolent offense concerned shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession. (c) Records expunged or sealed Except as provided under section 3635, on the grant of a petition under this subchapter, the following shall be expunged: (1) Any official record relating to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought. (2) Any reference in any official record to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought. (d) Exceptions The Attorney General may make rules providing for exceptions to subsection (c) as the Attorney General determines necessary to serve the interests of justice and public safety. (e) Reversal of expungement The records or references expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual is convicted of any Federal or State offense after the date of expungement. 3635. Disclosure of expunged records (a) Record of disposition To be retained The Attorney General shall retain an unaltered nonpublic copy of— (1) any record that is expunged; and (2) any record containing a reference that is expunged. (b) Law enforcement purposes The Attorney General shall maintain a nonpublic index of the records described under subsection (a) containing, for each such record, only the name of, and alphanumeric identifiers that relate to, the individual who is the subject of such record, the word expunged , and the name of the person, agency, office, or department that has custody of the expunged record, and shall not name the offense committed. The index shall be made available only to an entity to which records may be made available under subsection (d) or to any Federal or State law enforcement agency that has custody of such records. (c) Authorized disclosures (1) In general Except as provided in paragraph (2), any record described in subsection (a) pertaining to an individual may be made available only— (A) to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or (B) to any State or local agency with responsibility for the issuance of licenses to possess firearms, in the case of an individual applying for such a license. (2) Authorized disclosure to individuals On application of the individual to whom a record described under subsection (a) pertains, that record may be made available to the individual. (d) Punishment for improper disclosure Whoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (c), of any record or reference that is expunged under this subchapter shall be fined under this title or imprisoned not more than one year, or both. . (b) Clerical amendment The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: D. Expungement 3631 . (c) Effective date The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act. 3. Incentive payments under the Byrne grants program for States to implement certain expungement procedures and requirements Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) is amended by adding at the end the following new subsection: (i) Payment incentives for States To implement certain expungement procedures and requirements (1) Payment incentives (A) Bonus In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2014) under this subpart and that has in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 5 percent. (B) Penalty In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2014) under this subpart and that does not have in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code, the amount of such funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be decreased by 5 percent. (2) Reports The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that, with respect to the year involved— (A) lists the States that have (and those States which do not have) in effect throughout the State laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code; and (B) describes the increases granted to States under paragraph (1)(A) , the penalties imposed on States under paragraph (1)(B) , and the amounts that States being penalized under paragraph (1)(B) would have received if such States had in effect laws described in subparagraph (A) of this paragraph . (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection for each of the fiscal years 2014 through 2019, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 5 percent of the total amount appropriated pursuant to such section for such fiscal year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3014ih/xml/BILLS-113hr3014ih.xml

113-hr-3015

I 113th CONGRESS 1st Session H. R. 3015 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Cohen 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 tax incentives for the establishment of supermarkets in certain underserved areas. 1. Short title This Act may be cited as the Supermarket Tax Credit for Underserved Areas Act . 2. Tax incentives for establishment of supermarkets in certain underserved areas (a) In general Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IV Tax incentives for supermarkets in underserved areas Sec. 1400V–1. Increased rehabilitation credit. Sec. 1400V–2. Increased work opportunity tax credit. Sec. 1400V–3. Credit for sales of locally grown fresh fruits and vegetables. Sec. 1400V–4. Definitions. 1400V–1. Increased rehabilitation credit (a) In general In the case of a qualified rehabilitated building (as defined in section 47) which is an underserved area supermarket, subsection (a) of section 47 shall be applied— (1) by substituting 12 percent for 10 percent in paragraph (1), and (2) by substituting 24 percent for 20 percent in paragraph (2). (b) Underserved area supermarket For purposes of subsection (a), a qualified rehabilitated building shall be treated as meeting the requirements of subparagraphs (A), (B), (C), and (D) of section 1400V–4(a)(2) if it is reasonable to believe that such building will meet such requirements as of the close of the taxable year in which such building is placed in service. (c) Termination Subsection (a) shall only apply to buildings placed in service after December 31, 2013, and before January 1, 2016. 1400V–2. Increased work opportunity tax credit (a) In general In the case of an individual employed in the trade or business of operating a new underserved area supermarket, the limitation otherwise in effect under paragraph (3) of section 51(b) with respect to such individual shall be increased by $1,000. (b) Termination Subsection (a) shall only apply to wages paid in taxable years beginning after December 31, 2013, and before January 1, 2019. 1400V–3. Credit for sales of locally grown fresh fruits and vegetables (a) In general For purposes of section 38, the underserved area supermarket fruit and vegetable credit determined under this section for the taxable year is 15 percent of the gross receipts from the retail sale of locally grown fresh fruits and vegetables in the trade or business of operating a new underserved area supermarket. (b) Termination Subsection (a) shall only apply to taxable years beginning after December 31, 2014, and before January 1, 2019. 1400V–4. Definitions For purposes of this part— (1) Underserved area supermarket The term underserved area supermarket means any supermarket located in an underserved area. (2) New underserved area supermarket The term new underserved area supermarket means any underserved area supermarket which— (A) is placed in service after December 31, 2013, and (B) was not a supermarket at any time during the 3-year period ending on the date such underserved area supermarket is placed in service. (3) Supermarket The term supermarket means any building if— (A) not less than 12,000 square feet and not more than 80,000 square feet of such building is used for selling items at retail, (B) at least 7 percent of the square feet of such building which is used for selling items at retail is used for selling produce, meat, fish, deli, and dairy items, (C) gross sales of items sold at retail from such building exceed $2,000,000 annually, and (D) at least 7 percent of such gross sales are attributable to sales of produce, meat, fish, deli, and dairy items. (4) Underserved area The term underserved area means— (A) any enterprise community or empowerment zone with a designation in effect under section 1391, and (B) any renewal community with respect to which a designation was in effect under section 1400E on December 31, 2009. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the underserved area supermarket fruit and vegetable credit determined under section 1400V–3. . (c) Clerical amendment The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: Part IV. Tax incentives for supermarkets in underserved areas. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3015ih/xml/BILLS-113hr3015ih.xml

113-hr-3016

I 113th CONGRESS 1st Session H. R. 3016 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Cohen introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Financial Services , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide grants to cities with high unemployment rates to provide job training, public works, and economic development programs, and for other purposes. 1. Short title This Act may be cited as the Jobs for Urban Sustainability and Training in America Act of 2013 . 2. Grants to cities with high unemployment (a) Department of Commerce grants for public works and economic development The Secretary of Commerce may make additional grants— (1) to cities with high unemployment, under sections 201, 203, 207, and 209 of the Public Works and Economic Development Act of 1965; and (2) under the Trade Adjustment Assistance for Firms Program under chapters 3 and 5 of title II of the Trade Act of 1974. (b) Department of Labor grants for job training programs The Secretary of Labor shall carry out adult and dislocated worker employment and training activities under chapter V of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.) to benefit cities with high unemployment. (c) City with high unemployment defined For purposes of this section, the term city with high unemployment means a city that— (1) has a population of at least 600,000 people; and (2) has, for each month beginning with January 2009, and ending on the date of the enactment of this Act, an unemployment rate greater than the national unemployment rate (determined by reference to the monthly unemployment data announced by the Bureau of Labor Statistics of the Department of Labor). (d) Authorization of appropriations There are authorized to be appropriated for all fiscal years— (1) $5,000,000,000 for purposes of making grants under subsection (a), and (2) $5,000,000,000 for purposes of carrying out subsection (b). 3. Deduction for income attributable to domestic production activities not allowed with respect to oil and gas activities of major integrated oil companies (a) In general Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by inserting after clause (iii) the following new clause: (iv) in the case of a major integrated oil company (as defined in section 167(h)(5)), the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3016ih/xml/BILLS-113hr3016ih.xml

113-hr-3017

I 113th CONGRESS 1st Session H. R. 3017 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Cook (for himself and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend the Internal Revenue Code of 1986 to extend the energy credit for certain property under construction. 1. Short title This Act may be cited as the Renewable Energy Construction and Investment Parity Act of 2013 . 2. Extension of energy credit for certain property under construction (a) Solar energy property Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking periods ending and inserting property the construction of which begins . (b) Qualified fuel cell property Section 48(c)(1)(D) of such Code is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (c) Qualified microturbine property Section 48(c)(2)(D) of such Code is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (d) Combined heat and power system property Section 48(c)(3)(A)(iv) of such Code is amended by striking which is placed in service and inserting construction of which begins . (e) Qualified small wind energy property Section 48(c)(4)(C) of such Code is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (f) Thermal energy property Section 48(a)(3)(A)(vii) of such Code is amended by striking periods ending and inserting property the construction of which begins . (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 3. Treatment of proceeds of sales of helium from Federal helium reserve (a) Deposit of proceeds Notwithstanding any other provision of law, from amounts received by the United States in a fiscal year as proceeds of sales of crude helium under the Helium Act (50 U.S.C. 167a et seq.), there shall be deposited in the general fund of the Treasury an amount equal to the amount of revenue that would have been received by the United States in that fiscal year but for the enactment of section 2 of this Act. (b) Treatment of deposits Amounts deposited under subsection (a) shall be applied— (1) except as provided in paragraph (2), to reduce the annual Federal budget deficit of the Government of the United States; or (2) for amounts deposited in a fiscal year for which there is not such an annual deficit, to reduce the Federal debt of the Government of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3017ih/xml/BILLS-113hr3017ih.xml

113-hr-3018

I 113th CONGRESS 1st Session H. R. 3018 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Danny K. Davis of Illinois (for himself and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Natural Resources , the Judiciary , Energy and Commerce , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to increase the excise tax and special occupational tax in respect of firearms and to increase the transfer tax on any other weapon, and for other purposes. 1. Short title This Act may be cited as the Gun Violence Prevention and Safe Communities Act of 2013 . 2. Increase in excise taxes relating to firearms (a) In general Section 4181 of the Internal Revenue Code of 1986 is amended to read as follows: 4181. Imposition of tax There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold: (1) Articles taxable at 20 percent: (A) Pistols. (B) Revolvers. (C) Firearms (other than pistols and revolvers). (D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers. (2) Articles taxable at 50 percent: Shells and cartridges. . (b) Exemption for United States Subsection (b) of section 4182 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Sales to United States No firearms, pistols, revolvers, lower frame or receiver for a firearm, shells, and cartridges purchased with funds appropriated for any department, agency, or instrumentality of the United States shall be subject to any tax imposed on the sale or transfer of such articles. . (c) Availability of funds from increased taxes (1) Allocation Amounts in the general fund of the Treasury by reason of section 3(a) of the Pittman-Robertson Wildlife Restoration Act (as amended by paragraph (2) of this subsection) are hereby appropriated and shall be available, as follows: (A) 35 percent of such amounts shall be available for community-oriented policing services grants for the hiring and rehiring of additional career law enforcement officers under section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)). States using funds for school resource officers shall include training, protections, and monitoring to ensure that school resource officers are used to improve school safety and climate, and promote positive reform in student suspensions, expulsions, and referrals to the juvenile or criminal justice systems. (B) 35 percent of such amounts shall be available for the Project Safe Neighborhoods, as authorized by sections 101 through 104 of the Continuing Appropriations Resolution, 2007 (Public Law 110–5) and Public Law 109–108 (119 Stat. 2290, 2302). (C) 10 percent of such amounts shall be available for the Centers for Disease Control National Center for Injury Prevention and Control for purposes of research on gun violence and its prevention. (D) 5 percent of such amounts shall be available for the National Criminal History Improvement Program authorized under section 302(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3732(c) ). (E) 5 percent of such amounts shall be available for the NICS Act Record Improvement Program authorized under section 301 of the NICS Improvement Amendments Act of 2007. (F) 5 percent for the Community-Based Violence Prevention Field-Initiated Research and Evaluation Program of the Department of Justice. (G) 5 percent of such amounts shall be available for the Secretary of Education to provide directed grants and technical assistance to schools eligible for or receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 to develop and implement comprehensive, evidence-based local or regional strategies (such as positive behavior interventions and supports, social and emotional learning, and restorative justice programs) to improve school climate, reduce the use of exclusionary school discipline, and decrease the number of youth entering the juvenile and criminal justice systems. (2) Conforming amendment Section 3(a) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b(a) ) is amended by adding at the end the following new sentence: There shall not be covered into the fund the portion of the tax imposed by such section 4181 that is attributable to any increase in amounts received in the Treasury under such section by reason of the amendments made by section 2 of the Gun Violence Prevention and Safe Communities Act of 2013 , as estimated by the Secretary. . (d) Effective date The amendments made by this section shall apply with respect to sales after December 31, 2013. 3. Special tax and licensing relating to firearms (a) Increase in tax (1) General rule Subsection (a) of section 5801 of the Internal Revenue Code of 1986— (A) in paragraph (1) by striking $1,000 and inserting $2,000 , and (B) in paragraph (2) by striking $500 and inserting 50 percent of the dollar amount applicable under paragraph (1) for the taxable year . (2) Small importers and manufacturers Paragraph (1) of section 5801(b) of such Code is amended by striking substituting $500 for $1,000 and inserting substituting 50 percent of the dollar amount applicable under such paragraph for the taxable year for $2,000 . (3) Adjustment for inflation Section 5801 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Adjustment for inflation In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in subsection (a)(1) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. . (b) Increase in transfer tax on firearms (1) In general Subsection (a) of section 5811 of the Internal Revenue Code of 1986 is amended— (A) by striking $200 and inserting $500 , and (B) by striking $5 and inserting $100 . (2) Adjustment for inflation Section 5811 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Adjustment for inflation In the case of any taxable year beginning in a calendar year after 2014, each dollar amount in subsection (a) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. If any increase under paragraph (1) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5. . (c) Certain semiautomatic pistols chambered for cartridges treated as firearms The first sentence of section 5845(a) of the Internal Revenue Code of 1986 is amended— (1) by striking and before (8) , (2) by striking device. and inserting device, and , and (3) by adding at the end the following: (9) a semiautomatic pistol chambered for cartridges commonly considered rifle rounds, configured with receivers commonly associated with rifles and capable of accepting detachable magazines. . (d) Effective dates (1) In general Except as provided by paragraph (2), the amendments made by this section shall take effect on July 1, 2014. (2) Transfer tax The amendment made by subsection (b) shall apply to transfers after December 31, 2013. (3) All taxpayers treated as commencing in business on July 1, 2014 Any person engaged on July 1, 2014, in any trade or business which is subject to an occupational tax by reason of the amendment made by subsection (b) shall be treated for purposes of such tax as having first engaged in a trade or business on such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3018ih/xml/BILLS-113hr3018ih.xml

113-hr-3019

I 113th CONGRESS 1st Session H. R. 3019 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. DeLauro (for herself, Mrs. Lowey , Mr. Conyers , Mr. Honda , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend chapter V of the Federal Food, Drug, and Cosmetic Act to enhance the requirements for pharmacies that compound drug products. 1. Short title This Act may be cited as the Supporting Access to Formulated and Effective Compounded Drugs Act of 2013 or the S.A.F.E. Compounded Drugs Act of 2013 . 2. Enhanced requirements for compounded drugs (a) In general Section 503A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353a ) is amended— (1) in subsection (a)(1)(A), by inserting that is registered with the Secretary under subsection (b)(6) (or is subject to the exception under subsection (b)(6)(C)) after State licensed pharmacy ; (2) in subsection (b)— (A) in paragraph (1)(A), by inserting (meaning not more than 5 percent of the total quantity of drugs products compounded by the pharmacist or physician in any 30 day period) after limited quantities ; (B) in paragraph (1)(C), by striking and at the end; (C) in paragraph (1)(D), by striking regularly or in inordinate amounts (as defined by the Secretary) ; (D) by adding at the end of paragraph (1) the following: (E) does not compound a drug product that appears on the list promulgated by the Secretary under subsection (h); and (F) does not compound a drug product in violation of the minimum standards promulgated under subsection (i). ; and (E) by adding at the end of the subsection the following: (4) Notification (A) Prescriber notification Before providing a prescription order for a drug to be compounded under subsection (a), the physician or other licensed practitioner who will write such order shall— (i) inform the individual patient for whom such order is being written that a compounded drug is being prescribed; and (ii) provide such patient with a written document containing information concerning the availability, safety, and production of compounded drugs. (B) Confirmation by pharmacist Except in the case of a compounded drug product used in a procedure described in subparagraph (C) , a licensed pharmacist or licensed physician who dispenses a compounded drug under subsection (a) shall, at the time such drug is dispensed— (i) confirm that the patient (or the individual to whom the drug is delivered on behalf of the patient) understands that the drug is a compounded drug; and (ii) provide a written document containing the information described in subparagraph (A)(ii) . (C) Provider notification Prior to providing a health care service that will be conducted by a health care provider in a health care setting (such as a hospital or a physician’s office) and during which service a drug compounded under subsection (a) will be administered to a patient for purposes of treating such patient, the health care provider shall— (i) inform the patient that a compounded drug will be used during the procedure; and (ii) provide such patient with a written document containing the information described in subparagraph (A)(ii) . (5) Labeling (A) In general A drug product compounded under subsection (a) shall be clearly labeled as a non-FDA approved compounded drug product . (B) Development of requirements In determining the requirements for the label under subparagraph (A) , the Secretary— (i) shall establish, and consult with, a temporary advisory committee on compounded drug product labeling requirements; and (ii) may establish different labeling requirements for— (I) a compounded drug product intended for use by a health care provider in an office or treatment setting; and (II) a compounded drug product intended for any use not described in subclause (I) . (6) Registration (A) Establishment of process The Secretary, in consultation with experts and representatives of stakeholders including pharmacies, compounding pharmacies, State regulators, and health care providers, shall establish a process for pharmacies described in subsection (a)(1)(A) to register as a compounding pharmacy. Such registration shall be conducted through an electronic method. (B) Registration requirement Except as provided in subparagraph (C) , in order to be registered with the Secretary for purposes of subsection (a)(1)(A), every person who owns or operates a pharmacy shall submit to the Secretary, in such time and manner as the Secretary may require— (i) contact information for the pharmacy; (ii) the State or States that the pharmacy is licensed in; (iii) the methods used by the facility in compounding; and (iv) any additional information required by the Secretary, which may include the quantity of product compounded at such pharmacy for the purpose of determining if a drug manufacturing facility is inappropriately registering as a compounding pharmacy. (C) Prohibition on dual registration An entity registered under this subsection shall not be required to submit a registration under section 510. (D) Exception A pharmacy shall be exempt from the requirement to register under subsection (a)(1)(A) if the pharmacy— (i) employs fewer than 20 full-time employees (or 20 full-time equivalents); and (ii) performs traditional compounding of drug products for use in a single State. ; and (3) by adding at the end of section 503A the following: (g) Database (1) In general The Secretary shall establish and maintain a database of information on pharmacies compounding drug products under subsection (a) that are licensed in more than one State, including— (A) the minimum standards for a compounding pharmacy license in each State; (B) relevant information provided to the Secretary by State agencies that regulate pharmacies; (C) reliable, timely, and comprehensive data related to inspections of such pharmacies, including the classification of actions indicated as a result of such inspections; and (D) other information determined relevant by the Secretary. (2) Design The database under paragraph (1) — (A) shall be accessible, as determined appropriate by the Secretary, to State agencies that regulate pharmacies that compound drug products; (B) shall enable States and the Secretary to share information to ensure appropriate oversight of pharmacies that compound drug products; (C) shall be used by the Secretary to inform the Federal inspection and oversight of pharmacies that compound drug products to ensure that issues and pharmacies identified in the database receive appropriate oversight; and (D) shall be accessible, as determined appropriate by the Secretary, to health care providers and consumers. (h) Active ingredients and dosage forms that should not be compounded The Secretary shall, after consultation with appropriate stakeholders (including pharmacists, patient and public health advocacy groups, manufacturers, and health care professionals), promulgate a list of active ingredients and dosage forms that should not be compounded, because the compounding of such active ingredient or dosage form is reasonably likely to present a risk to public health. (i) Minimum standards (1) In general The Secretary shall promulgate minimum standards for the safe production of compounded drug products under this section. (2) Contents The standards under paragraph (1) shall each specify— (A) the type of compounded drug products to which they apply; and (B) the intended route of administration. (j) Training The Secretary shall conduct a series of regional training opportunities for State agencies that regulate pharmacies that compound drug products. These training opportunities shall include information on the minimum standards under subsection (i), sample inspection protocol, and recordkeeping to facilitate the inclusion of State findings and inspections into the database under subsection (g). . (b) Deadlines and advisory committees (1) Deadline for issuance of regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue regulations to implement— (A) paragraphs (4) and (5) of section 503A(b) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a); and (B) subsection (g) of section 503A of such Act. (2) Labeling advisory committee (A) Establishment The Secretary of Health and Human Services shall establish an advisory committee on labeling (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )) of compounded drug products and shall consult such committee in the development of the regulations under paragraph (1)(A) . (B) Membership The advisory committee shall include representatives of patients or consumers, health care providers, compounding pharmacies, State agencies that regulate compounding pharmacies, and at least one member with expertise on clearly communicating information in such labeling of drugs. (C) Meetings The advisory committee shall hold an initial meeting not later than 6 months after the date of enactment of this Act. (D) Recommendations Not later than 12 months after the date of enactment of this Act, the advisory committee shall submit to the Secretary of Health and Human Services recommendations on the regulations under paragraph (1)(A) , including recommendations on the type of information and language that should be included on the labels of drug products that are compounded pursuant to section 503A of the Federal Food, Drug, and Cosmetic Act. (E) Termination The advisory committee under this subparagraph shall terminate upon the submission of the recommendations under subparagraph (D) . (3) Database advisory committee (A) Establishment The Secretary of Health and Human Services shall establish an advisory committee on the database described in section 503A(g) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), and shall consult such committee in the development of the regulations under paragraph (1)(B) . (B) Membership The advisory committee shall include representatives of patients or consumers, health care providers, compounding pharmacies, State agencies that regulate compounding pharmacies, and information technology experts. (C) Meetings The advisory committee shall hold an initial meeting not later than 6 months after the date of enactment of this Act. (D) Recommendations Not later than 12 months after the date of enactment of this Act, the advisory committee shall submit to the Secretary of Health and Human Services recommendations on the regulations under paragraph (1)(B). (E) Termination The advisory committee under this subparagraph shall terminate upon the submission of the recommendations under subparagraph (D) . (4) Permanent advisory committee on pharmacy compounding The Secretary shall convene the Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drug products. 3. Reports and studies (a) Biannual reports Not later than 6 months after the date of enactment of this Act, and at the end of each succeeding 6-month period that ends before the 25th month after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report on the status of the implementation of the requirements of this Act, and the amendments made by this Act. (b) Third-Party Accreditation Not later than 12 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report that contains— (1) a review of the standards used by organizations that provide accreditation to compounding pharmacies; and (2) an evaluation of the effectiveness of such standards in ensuring the production of safe and effective compounded drug products. (c) Structure of State oversight Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report that contains— (1) a review of the models used by States to structure their oversight of pharmacies that compound drug products, including the structure of the agency or office responsible for oversight and its relationship with the industry that it regulates; and (2) consideration of how the structure and relationship of State regulators may impact the development and enforcement of regulations to ensure safe compounded drug products. (d) GAO report The Comptroller General of the United States shall review— (1) the extent to which Federal health care programs (as such term is defined in section 1128B(f) of the Social Security Act ( 42 U.S.C. 1320a–7b )) ensure that compounded drug products which are paid for by such programs are compounded in facilities that comply with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) whether the reimbursement rates for compounded drug products under such Federal health care programs are appropriate, taking into consideration the cost of production of such compounded drug products; and (3) whether such Federal health care programs encourage the use of compounded drug products in place of otherwise available lawfully marketed drug products. 4. Prohibitions and penalties (a) Prohibition of violations of section 503A Section 301(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(d) ) is amended by inserting 503A, before 505, . (b) Penalties Section 303(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(b) ) is amended by adding at the end the following: (8) Notwithstanding subsection (a), any person who violates section 301(d) with respect to any compounded drug product— (A) knowingly and intentionally to defraud or mislead; or (B) with conscious or reckless disregard of a risk of death or serious bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3019ih/xml/BILLS-113hr3019ih.xml

113-hr-3020

I 113th CONGRESS 1st Session H. R. 3020 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Dent (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Education and the Workforce and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to provide parity under group and individual health plans and group and individual health insurance coverage for the provision of benefits for prosthetics and custom orthotics and benefits for other medical and surgical services. 1. Short title This Act may be cited as the Insurance Fairness for Amputees Act . 2. Findings and purpose (a) Findings Congress makes the following findings: (1) There are more than 1,700,000 people in the United States living with limb loss, many of whom are appropriate candidates for prosthetic care. A comparable number experience trauma, illness, or disability that results in musculoskeletal or neuromuscular impairment of the limbs, back, and neck requiring the use of orthotic care. (2) Every year, there are more than 130,000 people in the United States who undergo amputation procedures. (3) In addition, United States military personnel serving in Iraq and Afghanistan and around the world have sustained traumatic injuries resulting in amputation and musculoskeletal or neuromuscular injury. (4) The number of amputations in the United States is projected to increase in the years ahead due to the rising incidence of diabetes and other chronic illness. (5) Those experiencing limb loss and limb dysfunction can and want to regain their lives as productive members of society, and prosthetic and orthotic care often enables amputees and others with orthopedic impairments to continue working and living productive lives. (6) Insurance companies often restrict coverage for prosthetic and orthotic devices and related services over an individual’s lifetime, which shifts costs onto individuals and consequently to the Medicare and Medicaid programs. (7) Twenty States have addressed this problem and have prosthetic or orthotic parity legislation, which also is being considered actively in other States. (8) The States in which prosthetic or orthotic fairness in coverage laws have been enacted have found there to be minimal or no increases in insurance premiums and have reduced Medicare and Medicaid costs. (9) Coverage of orthotic and prosthetic devices and related services is only appropriate for individuals missing a limb or having an orthopedic condition in need of treatment. Therefore, a fixed population of individuals are candidates for these devices and related services. (10) Appropriate and timely treatment involving prosthetic and orthotic devices and related services allow people to regain health function, preexisting work, and independent living. (11) Prosthetic and orthotic devices and related services are a distinct and separate benefit from the durable medical equipment benefit, but this distinction often is not recognized as insurers typically combine these benefits under a combined limit. (12) The Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the Health Care and Education Reconciliation Act ( Public Law 111–152 ), include rehabilitative and habilitative services as an essential health benefit, which legislative history shows is intended to cover prosthetic and orthotic devices and related services. (13) The Institute of Medicine concluded that prosthetic and orthotic devices and related services are covered under a typical employer plan. (14) However, while lifetime and annual dollar limitations on essential health benefits are prohibited under the Patient Protection and Affordable Care Act (Public Law 111–148) and the Health Care and Education Reconciliation Act (Public Law 111–152), other techniques to minimize or eliminate coverage continue to be used across the country and are denying individuals access to medically necessary prosthetic and orthotic devices and related services. (b) Purpose It is the purpose of this Act to require that each group and individual health plan and individual and group health insurance coverage that provides medical and surgical benefits and also provides coverage for prosthetics or custom orthotics (or both), provide such coverage under terms and conditions that are no less favorable than the terms and conditions under which medical and surgical benefits are provided under such plan. 3. Prosthetics and custom orthotics fairness in coverage (a) ERISA (1) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by adding at the end the following: 716. Prosthetics and custom orthotics fairness in coverage (a) In general In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides medical and surgical benefits and also provides benefits for prosthetics or custom orthotics (as defined under paragraphs (1) and (2) of subsection (e)) (or both)— (1) such benefits for prosthetics or custom orthotics (or both) under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); (2) such benefits for prosthetics or custom orthotics (or both) under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(3)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and (3) any treatment limitations (as defined in subsection (d)(4)) applicable to such benefits for prosthetics or custom orthotics (or both) under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan (or coverage). (b) Patient access A group health plan (or health insurance coverage offered in connection with a group health plan) described in subsection (a) that does not provide coverage for benefits outside of a network shall ensure that such provider network is adequate to ensure enrollee access to prosthetic and custom orthotic devices and related services provided by appropriately credentialed practitioners and accredited suppliers of prosthetics and custom orthotics. (c) Additional requirements (1) Prior authorization In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that requires, as a condition of coverage or payment for prosthetics or custom orthotics (or both) under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar medical and surgical benefits provided under the plan (or coverage). (2) Limitation on benefits Coverage for required benefits for prosthetics and custom orthotics under this section may be limited to coverage of the most appropriate device or component model that meets the medical requirements of the patient, as determined by the treating physician of the patient involved. (3) Coverage for repair or replacement Benefits for prosthetics and custom orthotics required under this section shall include coverage for the repair or replacement of prosthetics and custom orthotics, if the repair or replacement is due to normal wear and tear, irreparable damage, a change in the condition of the patient as determined by the treating physician, or otherwise determined appropriate by the treating physician of the patient involved. (d) Definitions In this section: (1) Prosthetics The term prosthetics means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. (2) Custom orthotics The term custom orthotics means the following: (A) Custom-fabricated orthotics and related services, which include custom-fabricated devices that are individually made for a specific patient, as well as all services and supplies that are medically necessary for the effective use of the orthotic device and instructing the patient in the use of the device. No other patient would be able to use this particular orthosis. A custom-fabricated orthosis is a device which is fabricated based on clinically derived and rectified castings, tracings, measurements, or other images (such as x-rays) of the body part. The fabrication may involve using calculations, templates and component parts. This process requires the use of basic materials and involves substantial work such as vacuum forming, cutting, bending, molding, sewing, drilling and finishing prior to fitting on the patient. Custom-fabricated devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner and accredited supplier in Orthotics or Prosthetics. Such devices and related services are represented by the set of L-codes under the Healthcare Common Procedure Coding System describing this care listed on the date of enactment of this section in Centers for Medicare & Medicaid Services Transmittal 656. (B) Custom-fitted high orthotics and related services, which include prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription, and which no other patient would be able to use, as well as all services and supplies that are medically necessary for the effective use of the orthotic device and instructing the patient in the use of the device. Custom-fitted high devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner and accredited supplier in Orthotics or Prosthetics. Such devices and related services are represented by the existing set of L-codes under the Healthcare Common Procedure Coding System describing this care listed on the date of enactment of this section in Centers for Medicare & Medicaid Services Transmittal 656. For purposes of subparagraphs (A) and (B), Centers for Medicare & Medicaid Services Transmittal 656, upon modification or reissuance by the Centers for Medicare & Medicaid Services to reflect new code additions and coding changes for prosthetics and custom orthotics, shall be the version of the Transmittal used for purposes of such subparagraphs. (3) Financial requirements The term financial requirements includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage. (4) Treatment limitations The term treatment limitations includes limits on the frequency of treatment, number of visits, specific prescribed components, limits that are more broadly applicable to durable medical equipment, or other similar limits on the amount, duration, or scope of treatment. (e) Differentiation from Durable Medical Equipment For purposes of this section, prosthetics and custom orthotics shall be treated as distinct from durable medical equipment. . (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 714 the following: Sec. 715. Additional market reforms. Sec. 716. Prosthetics and custom orthotics parity. . (b) PHSA (1) In general Title XXVII of the Public Health Service Act is amended by inserting after section 2728 of such Act ( 42 U.S.C. 300gg–28 ), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), the following: 2729. Prosthetics and custom orthotics parity (a) In general In the case of a group health plan, or a health insurance issuer offering group or individual health insurance coverage, that provides medical and surgical benefits and also provides benefits for prosthetics or custom orthotics (as defined under paragraphs (1) and (2) of subsection (e)) (or both)— (1) such benefits for prosthetics or custom orthotics (or both) under the plan or coverage shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan or coverage; (2) such benefits for prosthetics or custom orthotics (or both) under the plan or coverage may not be subject to separate financial requirements (as defined in subsection (e)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan or coverage; and (3) any treatment limitations (as defined in subsection (e)(3)) applicable to such benefits for prosthetics or custom orthotics (or both) under the plan or coverage may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan or coverage. (b) Patient access A group health plan, or health insurance issuer offering group or individual health insurance coverage, described in subsection (a) that does not provide coverage for benefits outside of a network shall ensure that such provider network is adequate to ensure enrollee access to prosthetic and custom orthotic devices and related services provided by appropriately credentialed practitioners and accredited suppliers of prosthetics and custom orthotics. (c) Additional requirements (1) Prior authorization In the case of a group health plan, or health insurance issuer offering group or individual health insurance coverage, that requires, as a condition of coverage or payment for prosthetics or custom orthotics (or both) under the plan or coverage, prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan or coverage as a condition of coverage or payment for all similar medical and surgical benefits provided under the plan or coverage. (2) Limitation on benefits Coverage for required benefits for prosthetics and custom orthotics under this section may be limited to coverage of the most appropriate device or component model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient involved. (3) Coverage for repair or replacement Benefits for prosthetics and custom orthotics required under this section shall include coverage for the repair or replacement of prosthetics and custom orthotics, if the repair or replacement is due to normal wear and tear, irreparable damage, a change in the condition of the patient as determined by the treating physician, or otherwise determined appropriate by the treating physician of the patient involved. (d) Definitions In this section: (1) Prosthetics The term prosthetics means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. (2) Custom orthotics The term custom orthotics means the following: (A) Custom-fabricated orthotics and related services, which include custom-fabricated devices that are individually made for a specific patient, as well as all services and supplies that are medically necessary for the effective use of the orthotic device and instructing the patient in the use of the device. No other patient would be able to use this particular orthosis. A custom-fabricated orthosis is a device which is fabricated based on clinically derived and rectified castings, tracings, measurements, or other images (such as x-rays) of the body part. The fabrication may involve using calculations, templates and component parts. This process requires the use of basic materials and involves substantial work such as vacuum forming, cutting, bending, molding, sewing, drilling and finishing prior to fitting on the patient. Custom-fabricated devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner and accredited supplier in Orthotics or Prosthetics. Such devices and related services are represented by the set of L-codes under the Healthcare Common Procedure Coding System describing this care listed on the date of enactment of this section in Centers for Medicare & Medicaid Services Transmittal 656. (B) Custom-fitted high orthotics and related services, which include prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription, and which no other patient would be able to use, as well as all services and supplies that are medically necessary for the effective use of the orthotic device and instructing the patient in the use of the device. Custom-fitted high devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner and accredited supplier in Orthotics or Prosthetics. Such devices and related services are represented by the existing set of L-codes under the Healthcare Common Procedure Coding System describing this care listed on the date of enactment of this section in Centers for Medicare & Medicaid Services Transmittal 656. For purposes of subparagraphs (A) and (B), Centers for Medicare & Medicaid Services Transmittal 656, upon modification or reissuance by the Centers for Medicare & Medicaid Services to reflect new code additions and coding changes for prosthetics and custom orthotics, shall be the version of the Transmittal used for purposes of such subparagraphs. (3) Financial requirements The term financial requirements includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage. (4) Treatment limitations The term treatment limitations includes limits on the frequency of treatment, number of visits, specific prescribed components, and limits that are more broadly applicable to durable medical equipment, or other similar limits on the amount, duration, or scope of treatment. (e) Differentiation from Durable Medical Equipment For purposes of this section, prosthetics and custom orthotics shall be treated as distinct from durable medical equipment. . (2) Application to individual health insurance coverage before 2014 For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (c) Internal Revenue Code Subchapter B of chapter 100 of subtitle K of the Internal Revenue Code of 1986 is amended by adding after section 9813 the following: 9814. Prosthetics and custom orthotics fairness in coverage (a) In general In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides medical and surgical benefits and also provides benefits for prosthetics or custom orthotics (as defined under paragraphs (1) and (2) of subsection (e)) (or both)— (1) such benefits for prosthetics or custom orthotics (or both) under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); (2) such benefits for prosthetics or custom orthotics (or both) under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (e)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and (3) any treatment limitations (as defined in subsection (e)(3)) applicable to such benefits for prosthetics or custom orthotics (or both) under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan (or coverage). (b) Patient access A group health plan (or health insurance coverage offered in connection with a group health plan) described in subsection (a) that does not provide coverage for benefits outside of a network shall ensure that such provider network is adequate to ensure enrollee access to prosthetic and custom orthotic devices and related services provided by appropriately credentialed practitioners and accredited suppliers of prosthetics and custom orthotics. (c) Additional requirements (1) Prior authorization In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that requires, as a condition of coverage or payment for prosthetics or custom orthotics (or both) under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar medical and surgical benefits provided under the plan (or coverage). (2) Limitation on benefits Coverage for required benefits for prosthetics and custom orthotics under this section may be limited to coverage of the most appropriate device or component model that meets the medical requirements of the patient, as determined by the treating physician of the patient involved. (3) Coverage for repair or replacement Benefits for prosthetics and custom orthotics required under this section shall include coverage for the repair or replacement of prosthetics and custom orthotics, if the repair or replacement is due to normal wear and tear, irreparable damage, a change in the condition of the patient as determined by the treating physician, or otherwise determined appropriate by the treating physician of the patient involved. (4) Assistance to enrollees The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall provide assistance to enrollees under plans or coverage to which the amendment made by section 3 apply with any questions or problems with respect to compliance with the requirements of such amendment. (5) Audits The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans (or coverage) are in compliance with the amendments made by section (3). (d) Definitions In this section: (1) Prosthetics The term prosthetics means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. (2) Custom orthotics The term custom orthotics means the following: (A) Custom-fabricated orthotics and related services, which include custom-fabricated devices that are individually made for a specific patient, as well as all services and supplies that are medically necessary for the effective use of the orthotic device and instructing the patient in the use of the device. No other patient would be able to use this particular orthosis. A custom-fabricated orthosis is a device which is fabricated based on clinically derived and rectified castings, tracings, measurements, or other images (such as x-rays) of the body part. The fabrication may involve using calculations, templates and component parts. This process requires the use of basic materials and involves substantial work such as vacuum forming, cutting, bending, molding, sewing, drilling and finishing prior to fitting on the patient. Custom-fabricated devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner and accredited supplier in Orthotics or Prosthetics. Such devices and related services are represented by the set of L-codes under the Healthcare Common Procedure Coding System describing this care listed on the date of enactment of this section in Centers for Medicare & Medicaid Services Transmittal 656. (B) Custom-fitted high orthotics and related services, which include prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription, and which no other patient would be able to use, as well as all services and supplies that are medically necessary for the effective use of the orthotic device and instructing the patient in the use of the device. Custom-fitted high devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner and accredited supplier in Orthotics or Prosthetics. Such devices and related services are represented by the existing set of L-codes under the Healthcare Common Procedure Coding System describing this care listed on the date of enactment of this section in Centers for Medicare & Medicaid Services Transmittal 656. For purposes of subparagraphs (A) and (B), Centers for Medicare & Medicaid Services Transmittal 656, upon modification or reissuance by the Centers for Medicare & Medicaid Services to reflect new code additions and coding changes for prosthetics and custom orthotics, shall be the version of the Transmittal used for purposes of such subparagraphs. (3) Financial requirements The term financial requirements includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage. (4) Treatment limitations The term treatment limitations includes limits on the frequency of treatment, number of visits, specific prescribed components, or other similar limits on the scope or duration of treatment. (e) Differentiation from Durable Medical Equipment For purposes of this section, prosthetics and custom orthotics shall be treated as distinct from durable medical equipment. . (d) Effective date The amendments made by this section shall apply with respect to plan years beginning on or after the date of the enactment of this section and with respect to health insurance coverage issued on or after such date. 4. Updating standard definitions to include prosthetics and custom orthotics (a) In general Section 2715(g)(3) of the Public Health Service Act ( 42 U.S.C. 300gg–15(g)(3) ) is amended by inserting prosthetics, custom orthotics, after emergency medical transportation, . (b) Prosthetics; custom orthotics In developing standards for the definitions of the terms prosthetics and custom orthotics pursuant to the amendment made by subsection (a), the Secretary shall ensure that such definitions are consistent with the definitions of such terms in section 2729(d) of the Public Health Service Act (as added by section 3(b) of this Act). 5. Federal administrative responsibilities (a) Assistance to enrollees The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall provide assistance to enrollees under group health plans (and health insurance coverage offered in connection with such plans) to which the amendments made by section 3 apply with any questions or problems with respect to compliance with the requirements of such amendments. (b) Audits The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans (or coverage) are in compliance with the amendments made by section 3. (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall promulgate final regulations to carry out this Act and the amendments made by this Act. (d) Definitions In this section: (1) Group Health Plan The term group health plan has the meaning given such term in section 733(a) of the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1191b(a)). (2) Health Insurance Coverage The term health insurance coverage has the meaning given such term in section 733(b)(1) of such Act (29 U.S.C. 1191b(b)(1)).

https://www.govinfo.gov/content/pkg/BILLS-113hr3020ih/xml/BILLS-113hr3020ih.xml

113-hr-3021

I 113th CONGRESS 1st Session H. R. 3021 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Fincher introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the personal liability of certain Federal officers and employees of the Internal Revenue Service, and for other purposes. 1. Short title This Act may be cited as the IRS Employee Responsibility Act of 2013 . 2. In general (a) Finding regarding officer or employee actions If any officer or employee of the Internal Revenue Service is held liable in any action pertaining to the official duties of that officer or employee, then the court may award, where the court finds that actions at issue of the officer or employee of the United States were in violation of Federal law, vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make the award unjust, to the plaintiff attorneys’ fees and other costs of litigation, in addition to any other award available under law. (b) Officer or employee To bear costs of litigation If the court makes a finding under subsection (a) that the actions at issue of the officer or employee of the United States were in violation of Federal law, vexatious, frivolous, or in bad faith, the court may order that all awards, including any award of costs of litigation under subsection (a) shall be paid by that officer or employee, and that the United States may not reimburse that officer or employee.

https://www.govinfo.gov/content/pkg/BILLS-113hr3021ih/xml/BILLS-113hr3021ih.xml

113-hr-3022

I 113th CONGRESS 1st Session H. R. 3022 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Fortenberry (for himself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. 1. Short title This Act may be cited as the National Discovery Trails Act of 2013 . 2. National Trails System Act amendments (a) National discovery trails Section 3(a) of the National Trails System Act ( 16 U.S.C. 1242(a) ) is amended by inserting after paragraph (4) the following: (5) National discovery trails, established under section 5, which will be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America’s trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation. Any such trail may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands. . (b) Designation of the American discovery trail as a national discovery trail Section 5(a) of such Act ( 16 U.S.C. 1244(a) ) is amended by adding at the end the following: (__) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail. . (c) Comprehensive national discovery trail plan Section 7 of such Act (16 U.S.C. 1246) is further amended by adding at the end the following new subsection: (l) (1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: (A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code). It should also join with other trails, connecting the National Trails System to significant recreation and resources areas. (B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. (C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. (2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include— (A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; (B) general and site-specific trail-related development including costs; and (C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition of any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto. . 3. Conforming amendments The National Trails System Act is amended— (1) in section 2(b) ( 16 U.S.C. 1241(b) ), by striking scenic and historic and inserting scenic, historic, and discovery ; (2) in the section heading to section 5 ( 16 U.S.C. 1244 ), by striking and national historic and inserting , national historic, and national discovery ; (3) in section 5(a) ( 16 U.S.C. 1244(a) ), in the matter preceding paragraph (1)— (A) by striking and national historic and inserting , national historic, and national discovery ; and (B) by striking and National Historic and inserting , National Historic, and National Discovery ; (4) in section 5(b) ( 16 U.S.C. 1244(b) ), in the matter preceding paragraph (1), by striking or national historic and inserting , national historic, or national discovery ; (5) in section 5(b)(3) ( 16 U.S.C. 1244(b)(3) ), by striking or national historic and inserting , national historic, or national discovery ; (6) in section 7(a)(2) ( 16 U.S.C. 1246(a)(2) ), by striking and national historic and inserting , national historic, and national discovery ; (7) in section 7(b) ( 16 U.S.C. 1246(b) ), by striking or national historic each place such term appears and inserting , national historic, or national discovery ; (8) in section 7(c) ( 16 U.S.C. 1246(c) )— (A) by striking scenic or national historic each place it appears and inserting scenic, national historic, or national discovery ; (B) in the second proviso, by striking scenic, or national historic and inserting scenic, national historic, or national discovery ; and (C) by striking , and national historic and inserting , national historic, and national discovery ; (9) in section 7(d) ( 16 U.S.C. 1246(d) ), by striking or national historic and inserting national historic, or national discovery ; (10) in section 7(e) ( 16 U.S.C. 1246(e) ), by striking or national historic each place such term appears and inserting , national historic, or national discovery ; (11) in section 7(f)(2) ( 16 U.S.C. 1246(f)(2) ), by striking National Scenic or Historic Trail and inserting national scenic, historic, or discovery trail ; (12) in section 7(h)(1) ( 16 U.S.C. 1246(h)(1) ), by striking or national historic and inserting national historic, or national discovery ; and (13) in section 7(i) ( 16 U.S.C. 1246(i) ), by striking or national historic and inserting national historic, or national discovery .

https://www.govinfo.gov/content/pkg/BILLS-113hr3022ih/xml/BILLS-113hr3022ih.xml

113-hr-3023

I 113th CONGRESS 1st Session H. R. 3023 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Gardner (for himself, Mr. Matheson , and Mr. Stewart ) 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 water leasing and water transfers to promote conservation and efficiency. 1. Short title This Act may be cited as the Water and Agriculture Tax Reform Act of 2013 . 2. Facilitate water leasing and water transfers to promote conservation and efficiency (a) In general Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Treatment of mutual ditch irrigation companies (i) In general In the case of a mutual ditch or irrigation company or like organization, subparagraph (A) shall be applied without taking into account any income received or accrued— (I) from the sale, lease, or exchange of fee or other interests in real property, including interests in water, (II) from the sale or exchange of stock in a mutual ditch or irrigation company or like organization or contract rights for the delivery or use of water, or (III) from the investment of proceeds from sales, leases, or exchanges under subclauses (I) and (II), except that any income received under subclause (I), (II), or (III) which is distributed or expended for expenses (other than for operations, maintenance, and capital improvements) of the mutual ditch or irrigation company or like organization shall be treated as nonmember income in the year in which it is distributed or expended. For purposes of the preceding sentence, expenses (other than for operations, maintenance, and capital improvements) include expenses for the construction of conveyances designed to deliver water outside of the mutual ditch or irrigation company or like organization system. (ii) Treatment of organizational governance In the case of a mutual ditch or irrigation company or like organization, where State law provides that such a company or organization may be organized in a manner that permits voting on a basis which is pro rata to share ownership on corporate governance matters, subparagraph (A) shall be applied without taking into account whether its member shareholders have one vote on corporate governance matters per share held in the corporation. Nothing in this clause shall be construed to create any inference about the requirements of this subsection for companies or organizations not included in this clause. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3023ih/xml/BILLS-113hr3023ih.xml

113-hr-3024

I 113th CONGRESS 1st Session H. R. 3024 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Gerlach (for himself, Mr. Blumenauer , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a smart card pilot program under the Medicare program. 1. Short title This Act may be cited as the Medicare Common Access Card Act of 2013 . 2. Secure Medicare card pilot program (a) Pilot program implementation (Phase I ) (1) In general Not later than 18 months after the date of the enactment of this Act, the Secretary shall conduct a pilot program under title XVIII of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary and provider identification cards in order to— (A) increase the quality of care furnished to Medicare beneficiaries; (B) improve the accuracy and efficiency in the billing for Medicare items and services furnished by Medicare providers; (C) reduce the potential for identity theft and other unlawful use of Medicare beneficiary and provider identifying information; (D) reduce waste, fraud, and abuse in the Medicare program; and (E) evaluate the efficiencies of patient matching. (2) Site requirements The Secretary shall conduct the pilot program in at least 5 geographic areas in which the Secretary determines there is a high risk for waste, fraud, or abuse. (3) Design of pilot program In designing the pilot program, the Secretary shall provide for the following: (A) Implementation of a system that utilizes a smart card as a Medicare identification card for Medicare beneficiaries and Medicare providers. Such a card shall contain appropriate security features and protect personal privacy. (B) Issuance of a new smart card to all Medicare beneficiaries participating in the pilot program. Such card shall not have the Social Security number printed on the front but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (C) Issuance of a new provider card to all Medicare providers participating in the pilot program. Such card shall include a photograph of the provider and shall not have the Medicare provider number printed on the front of the card but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (D) A process for enrollment of all Medicare providers that includes— (i) identity and certification verification; and (ii) utilization of biometric data, such as fingerprints, for provider identification and authentication. (E) A process under which the cards issued under subparagraphs (B) and (C) are used by both Medicare beneficiaries and Medicare providers to verify eligibility, prevent fraud, and authorize transactions. (F) Distribution of necessary equipment, including cards, card readers, kiosks, biometric readers, and other materials or documents to Medicare beneficiaries and providers at no cost to them. (G) Regular monitoring and review by the Secretary of Medicare providers’ Medicare billings and Medicare beneficiaries’ Medicare records in order to identify and address inaccurate charges and instances of waste, fraud, or abuse. (H) Reporting mechanisms for measuring the cost savings to the Medicare program by reason of the pilot program. (I) Including provisions— (i) to ensure that all devices and systems utilized as part of the pilot program comply with standards for identity credentials and biometric data developed by the American National Standards Institute and the National Institute of Standards and Technology and Federal requirements relating to interoperability and information security, including all requirements under the Health Insurance Portability and Accountability Act of 1996; (ii) to ensure that a Medicare beneficiary’s and provider’s personal identifying, health, and other information is protected from unauthorized access or disclosure through the use of at least two-factor authentication; (iii) for the development of procedures and guidelines for the use of identification cards, card readers, kiosks, biometric data and readers, and other equipment to verify a Medicare beneficiary’s identity and eligibility for services; (iv) to ensure that each Medicare beneficiary and provider participating in the pilot program is informed of— (I) the purpose of the program; (II) the processes for capturing, enrolling, and verifying their eligibility and, with respect to providers, their biometric data; (III) the manner in which the biometric data for providers will be used; and (IV) the steps that will be taken to protect personal identifying, health, and other information from unauthorized access and disclosure; (v) for addressing problems related to the loss, theft, or malfunction of or damage to equipment and any identifying documents or materials provided by the Secretary; (vi) for development of a hotline, Web site, or other means by which Medicare beneficiaries and providers can contact the Secretary for assistance; and (vii) for addressing problems related to accessing care outside the pilot area and cases where the individual faces issues related to physical or other capacity limitations. (4) Privacy Information on the smart card shall only be disclosed if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Disclosure exemption Information on the smart card shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (b) Expanded implementation (Phase II ) Taking into account the interim report under subsection (d)(2), the Secretary shall, through rulemaking, expand the duration and the scope of the pilot program, to the extent determined appropriate by the Secretary. (c) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot program. (d) Reports to Congress (1) Plan Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a description of the design and development of the pilot program, including the Secretary’s plan for implementation. (2) Interim report Not later than 1 year after the date that the pilot program is first implemented, the Secretary shall conduct an evaluation of the pilot program and submit an interim report to Congress. Such an evaluation shall include an initial analysis of the deployment of the program, the usability of the card system, and the measures taken to protect beneficiary and provider information. (3) Additional report Not later than 2 years after the date that the pilot program is first implemented, the Secretary shall submit to Congress a report on the pilot program. Such report shall contain a detailed description of issues related to the expansion of the program under subsection (b) and recommendations for such legislation and administrative actions as the Secretary considers appropriate for implementation of the program on a nationwide basis. (e) Funding There are appropriated, from amounts in the Treasury not otherwise appropriated, $29,000,000 for the design, implementation, and evaluation of the pilot program. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Definitions In this section: (1) 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 or enrolled for benefits under part B of such title. (2) Medicare program The term Medicare program means the health benefits program under title XVIII of the Social Security Act. (3) Medicare provider The term Medicare provider means a provider of services (as defined in subsection (u) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x )) and a supplier (as defined in subsection (d) of such section), including a supplier of durable medical equipment and supplies. (4) Pilot program The term pilot program means the pilot program conducted under this section. (5) Secretary The term Secretary means the Secretary of Health and Human Services. (6) Smart card The term smart card means a secure, electronic, machine readable, fraud-resistant, tamper-resistant card that includes an embedded integrated circuit chip with a secure micro-controller.

https://www.govinfo.gov/content/pkg/BILLS-113hr3024ih/xml/BILLS-113hr3024ih.xml

113-hr-3025

I 113th CONGRESS 1st Session H. R. 3025 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Gibson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the amount of the low-income housing credit that may be allocated in States damaged in 2011 by Hurricane Irene or Tropical Storm Lee. 1. Short title This Act may be cited as the Irene and Lee Tax Relief Storm Recovery Act of 2013 . 2. Additional low-income housing credit may be allocated in States damaged in 2011 by Hurricane Irene or Tropical Storm Lee (a) In general Paragraph (3) of section 42(h) of the Internal Revenue Code of 1986 (relating to limitation on aggregate credit allowable with respect to projects located in a State) is amended by adding at the end the following new subparagraph: (J) Increase in state housing credit for states damaged in 2011 by hurricane irene or tropical storm lee (i) In general In the case of calendar years 2013, 2014, and 2015, the State housing credit ceiling of each State any portion of which includes any portion of the Irene-Lee disaster area shall be increased by the lesser of— (I) the aggregate housing credit dollar amount allocated by the State housing credit agency of such State for such calendar year to buildings located in such disaster area, or (II) the applicable limitation, reduced by the aggregate increase under this clause for all prior calendar years. (ii) Applicable limitation For purposes of clause (i), the applicable limitation is the lesser of— (I) $2.15 multiplied by the population of the area described in clause (vii)(I), or (II) 50 percent of the State housing credit ceiling (determined without regard to this subparagraph) for 2013. (iii) Allocations treated as made first from additional allocation amount for purposes of determining carryover For purposes of determining the unused State housing credit ceiling under subparagraph (C) for any calendar year, any increase in the State housing credit ceiling under clause (i) shall be treated as an amount described in clause (ii) of such subparagraph. (iv) Difficult development area (I) In general In the case of property placed in service during 2013, 2014, or 2015, the Irene-Lee disaster area shall be treated as a difficult development area designated under subclause (I) of subsection (d)(5)(B)(iii), and shall not be taken into account for purposes of applying the limitation under subclause (II) of such subsection. (II) Application of clause Clause (i) shall apply only to— (aa) housing credit dollar amounts allocated during 2013, 2014, or 2015, and (bb) to the extent that paragraph (1) does not apply to any building by reason of paragraph (4), only with respect to bonds issued after December 31, 2012. (v) Special rule for applying income tests In the case of property placed in service after 2012 and before 2020 in a nonmetropolitan area (as defined in subsection (d)(5)(B)(iv)(IV)) within the Irene-Lee disaster area, this section shall be applied by substituting national nonmetropolitan median gross income (determined under rules similar to the rules of section 142(d)(2)(B)) for area median gross income in subparagraphs (A) and (B) of subsection (g)(1). (vi) Time for making low-income housing credit allocations Paragraph (1)(B) shall not apply to an allocation of housing credit dollar amount to a building located in the Irene-Lee disaster area if such allocation is made in 2013, 2014, or 2015, and such building is placed in service before January 1, 2019. (vii) Irene-lee disaster area For purposes of this subparagraph, the term Irene-Lee disaster area means— (I) each county included in the geographical area covered by a qualifying natural disaster declaration, and (II) each county contiguous to a county described in subclause (I). (viii) Qualifying natural disaster declaration For purposes of clause (vii), the term qualifying natural disaster declaration means— (I) a natural disaster declared by the Secretary of Agriculture in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), or (II) a major disaster or emergency designated by the President in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3025ih/xml/BILLS-113hr3025ih.xml

113-hr-3026

I 113th CONGRESS 1st Session H. R. 3026 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Gohmert (for himself, Mr. Franks of Arizona , Mr. Westmoreland , Mr. Lamborn , Mr. Sam Johnson of Texas , Mr. Farenthold , Mr. Stockman , Mr. Olson , Mr. Weber of Texas , Mr. Thornberry , Mr. Brady of Texas , Mr. Neugebauer , Ms. Granger , Mr. Carter , Mr. Cuellar , Mr. Smith of Texas , Mr. Salmon , Mr. Latta , Mr. Harris , Mr. Lankford , Mr. Kelly of Pennsylvania , and Mr. Fleming ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to provide for the continuance of pay and allowances for members of the Armed Forces, including reserve components thereof, during lapses in appropriations. 1. Short title This Act may be cited as the Armed Services Always Paid Act or ASAP Act . 2. Continuance of military pay and allowances during periods of lapsed appropriations (a) Continuance of pay Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: 1015. Continuance of pay and allowances during periods of lapsed appropriations (a) Definitions In this section: (1) The term military personnel accounts mean the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. (2) The term pay and allowances means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts. (3) The term period of lapsed appropriations , when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces. (b) Appropriation of funds To continue payment of pay and allowances For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces. (c) Limitation on amounts paid This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice. (d) Relation to other pay authorities This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law. (e) Effect of end of period of lapsed appropriations Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1015. Continuance of pay and allowances during periods of lapsed appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3026ih/xml/BILLS-113hr3026ih.xml

113-hr-3027

I 113th CONGRESS 1st Session H. R. 3027 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Gosar (for himself, Mr. Barber , Mr. Issa , Ms. Sinema , Mr. Grijalva , Mr. Pastor of Arizona , Mr. Franks of Arizona , Mr. Salmon , and Mrs. Kirkpatrick ) 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 442 Miller Valley Road in Prescott, Arizona, as the Barry M. Goldwater Post Office . 1. Barry M. Goldwater Post Office (a) Designation The facility of the United States Postal Service located at 442 Miller Valley Road in Prescott, Arizona, shall be known and designated as the Barry M. Goldwater 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 Barry M. Goldwater Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr3027ih/xml/BILLS-113hr3027ih.xml

113-hr-3028

I 113th CONGRESS 1st Session H. R. 3028 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Heck of Nevada (for himself and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the hold harmless provision for career and technical education assistance grants to States. 1. Short title This Act may be cited as the Career and Technical Education Equity Act . 2. Hold harmless Section 111(a)(5)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2321(a)(5)(A)) is amended to read as follows: (A) In general No State shall receive an allotment under this section for a fiscal year that is less than 90 percent of the allotment the State received under this section for the preceding fiscal year. .

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113-hr-3029

I 113th CONGRESS 1st Session H. R. 3029 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Hurt (for himself and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to revise certain rules relating to the status of qualified prepaid tuition programs under the securities laws. 1. Short title This Act may be cited as the College Savings Enhancement Act of 2013 . 2. Status of qualified prepaid tuition programs (a) Revision of rules Not later than 270 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise its regulations contained in— (1) section 230.144A(a)(1) of title 17, Code of Federal Regulations, to include qualified prepaid tuition programs under the definition of a qualified institutional buyer; and (2) section 230.501 of such title, to include qualified prepaid tuition programs that have total assets in excess of $5,000,000 as accredited investors. (b) Qualified prepaid tuition program defined For purposes of the revisions required by subsection (a), the term qualified prepaid tuition program means a qualified tuition program (as defined in section 529(b)(1)(A)(i) of the Internal Revenue Code of 1986 ( 26 U.S.C. 529(b)(1)(A)(i) )) established and maintained by a State or agency or instrumentality of a State, and that satisfies the other requirements of such section 529.

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113-hr-3030

I 113th CONGRESS 1st Session H. R. 3030 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Kind introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes. 1. Short title This Act may be cited as the Tribal Tax and Investment Reform Act of 2013 . 2. Findings The Congress finds the following: (1) There is a unique Federal legal and political relationship between the United States and Indian tribes. (2) Indian tribes have the responsibility and authority to provide governmental programs and services to tribal citizens, develop tribal economies, and build community infrastructure to ensure that Indian reservation lands serve as livable, permanent homes. (3) The United States Constitution, U.S. Federal Court decisions, Executive orders, and numerous other Federal laws and regulations recognize that Indian tribes are governments, retaining the inherent authority to tax and operate as other governments, including (inter alia) financing projects with government bonds and maintaining eligibility for general tax exemptions via their government status. (4) Codifying tax parity with respect to tribal governments is consistent with Federal treaties recognizing the sovereignty of tribal governments. (5) That Indian tribes face historic disadvantages in accessing the underlying capital to build the necessary infrastructure for job creation, and that certain statutory restrictions on tribal governance further inhibit tribes’ ability to develop strong governance and economies. (6) Indian tribes are sometimes excluded from the Internal Revenue Code of 1986 in key provisions which results in unfair tax treatment for tribal citizens or unequal enforcement authority for tribal enforcement agencies. (7) Congress is vested with the authority to regulate commerce with Indian tribes, and hereby exercises that authority in a manner which furthers tribal self-governance, and in doing so, further affirms the United States government-to-government relationship with Indian tribes. 3. Treatment of Indian tribes as States with respect to bond issuance (a) In general Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows: (c) Special rules for tax-Exempt bonds In applying section 146 to bonds issued by Indian tribal governments (or subdivisions thereof) the Secretary of the Treasury shall annually— (1) establish a national bond volume cap based on the greater of— (A) the State population formula approach in section 146(d)(1)(A) (using national tribal population estimates supplied annually by the Department of the Interior in consultation with the Census Bureau), and (B) the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and (2) allocate such national bond volume cap among all Indian tribal governments seeking such an allocation in a particular year under regulations prescribed by the Secretary. . (b) Repeal of essential governmental function requirements Section 7871 of such Code is further amended by striking subsections (b) and (e). (c) Effective date (1) Subsection (a) The amendment made by subsection (a) shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. (2) Subsection (b) The repeals made by subsection (b) shall apply to transactions after, and obligations issued in calendar years beginning after, the date of the enactment of this Act. 4. Treatment of pension and employee benefit plans maintained by tribal governments (a) Amendments to the Internal Revenue Code of 1986 (1) Qualified public safety employee Section 72(t)(10)(B) of the Internal Revenue Code of 1986 (defining qualified public safety employee) is amended by— (A) striking or political subdivision of a State and inserting , political subdivision of a State, or Indian tribe ; and (B) striking such State or political subdivision and inserting such State, political subdivision, or tribe . (2) Governmental plan The last sentence of section 414(d) of such Code (defining governmental plan) is amended to read as follows: The term governmental plan includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (3) Domestic relations order Section 414(p)(1)(B)(ii) of such Code (defining domestic relations order) is amended by inserting or tribal after State . (4) Exempt governmental deferred compensation plan Section 3121(v)(3) of such Code (defining governmental deferred compensation plan) is amended by inserting by an Indian tribal government or subdivision thereof, after political subdivision thereof, . (5) Grandfather of certain deferred compensation plans Section 457 of the Internal Revenue Code is amended by adding at the end the following new subsection: (h) Certain Tribal Government Plans Grandfathered Plans established before the date of enactment of this subsection and maintained by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing, in compliance with subsection (b) or (f) shall be treated as if established by an eligible employer under subsection (e)(1)(A). . (b) Amendments to the Employee Retirement Income Security Act of 1974 (1) In general The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(32) ) is amended to read as follows: The term governmental plan includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (2) Domestic relations order Section 206(d)(3)(B)(ii)(II) of such Act is amended by inserting or tribal after State . (3) Conforming amendments (A) Paragraph (2) of section 109(d) of the Worker, Retiree, and Employer Recovery Act of 2008 ( Public Law 110–458 ; 122 Stat. 5112) is repealed, and, subject to subparagraph (B), each provision amended by such paragraph is amended to read as if such paragraph had not been enacted. (B) Section 4021(b) of the Employee Retirement Income Security Act of 1974 is amended by striking or at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ; or , and by inserting after paragraph (13) the following new paragraph: (14) established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (C) Section 4021(b)(2) of such Act ( 29 U.S.C. 1321(b)(2) ) is amended by striking , or which is described in the last sentence of section 3(32) and inserting a comma. (c) Effective date The amendments made by this section shall apply to years beginning after the date of the enactment of this Act. 5. Treatment of tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors (a) In general Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following: For purposes of clause (vi), the term governmental unit includes an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (b) Certain supporting organizations Section 509(a) of such Code is amended by adding at the end the following: For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 6. Improving effectiveness of tribal child support enforcement agencies by parity of access to the Federal parent locator service and Federal tax refund offsets (a) Access to federal parent locatior service Section 453(c) of the Social Security Act ( 42 U.S.C. 653(c) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following: (5) the child support enforcement agency of an Indian tribe or tribal organization that is eligible for a grant under section 455(f). . (b) Improving the collection of past-Due child support from Federal tax refunds (1) Amendment to the Social Security Act Section 464 of the Social Security Act ( 42 U.S.C. 664 ) is amended by adding at the end the following: (d) Applicability to Indian tribes and tribal organizations eligible for a grant under this part This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian tribe or tribal organization eligible for a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part. . (2) Amendment to the Internal Revenue Code Subsection (c) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ‘ For purposes of this subsection, any reference to a State shall include a reference to any Indian tribe or tribal organization described in section 464(d) of the Social Security Act. . 7. Application of clean renewable energy bonds to tribes (a) In general Section 54(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Indian tribal government The term Indian tribal government has the meaning given such term by section 7701(a)(40) and includes a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (b) Allocation Section 54(f) of such Code is amended by adding at the end the following: (3) Special rule for Indian tribal governments (A) In general Notwithstanding subsection (m), there is a clean renewable energy bond limitation for Indian tribal governments of $200,000,000 for each of calendar years 2014, 2015, and 2016. (B) Allocation by Secretary The Secretary shall allocate the amount described in subparagraph (A) among qualified projects in such manner as the Secretary determines appropriate, except that the Secretary may not allocate more than 20 percent of the national clean renewable energy bond limitation to finance any 1 qualified project. . (c) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2014.

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113-hr-3031

I 113th CONGRESS 1st Session H. R. 3031 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Langevin (for himself, Mr. Blumenauer , Ms. Bonamici , Mr. Cicilline , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require a portion of closing costs to be paid by the enterprises with respect to certain refinanced mortgage loans, and for other purposes. 1. Short title This Act may be cited as the Rebuilding Equity Act of 2013 . 2. Rebuilding equity program (a) Establishment of voluntary program (1) Establishment (A) Payment of closing costs The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (in this Act referred to as the enterprises ) shall each establish a voluntary program for borrowers described in paragraph (2), under which the enterprises shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amortizing loan with a term of not longer than 20 years. (B) First year of program During the 12-month period that begins on the date of enactment of this Act, the amount of the closing costs that each enterprise shall pay under the program shall not vary based on the term of the mortgage that the borrower agrees to refinance into. (C) Subsequent years (i) Annual recalculation of closing costs payment Upon the expiration of the 12-month period set forth under subparagraph (B), and for each of the next two 12-month periods thereafter, the Director of the Federal Housing Finance Agency— (I) shall adjust the amount of the portion of the closing costs that each enterprise will pay under the program— (aa) by an amount that results in such program being revenue neutral for such 12-month period; and (bb) based on economic conditions generally affecting the mortgage and housing markets; and (II) may adjust the amount of the closing costs that each enterprise will pay under the program based on the term of the mortgage that the borrower agrees to refinance into. (ii) Report The Director of the Federal Housing Finance Agency shall report any adjustments made pursuant to the requirements of clause (i) to the Chair and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Eligible borrowers The program required by paragraph (1) shall be for any borrower— (A) who qualifies for the Home Affordable Refinance Program carried out by the enterprises; (B) whose subject property has a loan-to-value ratio of not less than 105 percent; and (C) who refinances from a loan with an original term of 30 years to a loan with a term of 20 years or less. (b) Sunset Each voluntary program under this section shall terminate on the date that is 3 years after the date of establishment of such program. (c) Definitions As used in this section, the following definitions shall apply: (1) Loan-to-value ratio The term loan-to-value ratio means the ratio of the amount of the primary mortgage on a property to the value of that property. (2) Closing costs The term closing costs — (A) means all reasonable and actual costs charged to the borrower by a third party to the refinancing transaction; (B) includes— (i) appraisal and inspection fees; (ii) fees associated with obtaining a borrower’s credit report; (iii) title insurance and title examination costs; (iv) attorneys’ fees associated with closing the transaction, other than attorneys’ fees associated with disputes arising out of the transaction or otherwise ancillary to closing the transaction; (v) document preparation costs, if completed by a third party not controlled by the lender; (vi) transfer stamps, recording fees, courier fees, wire transfer fees, and reconveyance fees; and (vii) test and certification fees; and (C) does not include any costs charged to the borrower by the lender, including— (i) lender application fees; and (ii) lender origination fees.

https://www.govinfo.gov/content/pkg/BILLS-113hr3031ih/xml/BILLS-113hr3031ih.xml

113-hr-3032

I 113th CONGRESS 1st Session H. R. 3032 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Langevin (for himself, Mr. Castro of Texas , Mr. Ruppersberger , Ms. Loretta Sanchez of California , Mr. Pocan , Mr. Andrews , Mr. Larsen of Washington , and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend chapter 35 of title 44, United States Code, to create the National Office for Cyberspace, to revise requirements relating to Federal information security, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Executive Cyberspace Coordination Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Title I—Federal information security amendments Sec. 101. Coordination of Federal information policy. Sec. 102. Information security acquisition requirements. Sec. 103. Technical and conforming amendments. Sec. 104. Effective date. Title II—Federal Chief Technology Officer Sec. 201. Office of the Chief Technology Officer. Title III—Strengthening Cybersecurity for Critical Infrastructure Sec. 301. Definitions. Sec. 302. Authority of Secretary. I Federal information security amendments 101. Coordination of Federal information policy Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III and inserting the following: II Information security 3551. Purposes The purposes of this subchapter are to— (1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets; (2) recognize the highly networked nature of the current Federal computing environment and provide effective Governmentwide management and oversight of the related information security risks, including coordination of information security efforts throughout the civilian, national security, and law enforcement communities; (3) provide for development and maintenance of minimum controls required to protect Federal information and information infrastructure; (4) provide a mechanism for improved oversight of Federal agency information security programs; (5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market solutions for the protection of critical information infrastructures important to the national defense and economic security of the Nation that are designed, built, and operated by the private sector; and (6) recognize that the selection of specific technical hardware and software information security solutions should be left to individual agencies from among commercially developed products. 3552. Definitions (a) Section 3502 definitions Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. (b) Additional definitions In this subchapter: (1) The term adequate security means security that complies with the regulations promulgated under section 3554 and the standards promulgated under section 3558. (2) The term incident means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system, information infrastructure, or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. (3) The term information infrastructure means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically. (4) The term information security means protecting information and information infrastructure from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; (C) availability, which means ensuring timely and reliable access to and use of information; and (D) authentication, which means using digital credentials to assure the identity of users and validate access of such users. (5) The term information technology has the meaning given that term in section 11101 of title 40. (6) (A) The term national security system means any information infrastructure (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (i) the function, operation, or use of which— (I) involves intelligence activities; (II) involves cryptologic activities related to national security; (III) involves command and control of military forces; (IV) involves equipment that is an integral part of a weapon or weapons system; or (V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or (ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (B) Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). 3553. National Office for Cyberspace (a) Establishment There is established within the Executive Office of the President an office to be known as the National Office for Cyberspace. (b) Director (1) In general There shall be at the head of the National Office for Cyberspace a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director of the National Office for Cyberspace shall administer all functions designated to such Director under this subchapter and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government, while promoting national economic interests, security, and civil liberties. (2) Basic pay The Director of the National Office for Cyberspace shall be paid at the rate of basic pay for level III of the Executive Schedule. (c) Staff The Director of the National Office for Cyberspace may appoint and fix the pay of additional personnel as the Director considers appropriate. (d) Experts and consultants The Director of the National Office for Cyberspace may procure temporary and intermittent services under section 3109(b) of title 5. 3554. Federal Cybersecurity Practice Board (a) Establishment Within the National Office for Cyberspace, there shall be established a board to be known as the Federal Cybersecurity Practice Board (in this section referred to as the Board ). (b) Members The Board shall be chaired by the Director of the National Office for Cyberspace and consist of not more than 10 members, with at least one representative from— (1) the Office of Management and Budget; (2) civilian agencies; (3) the Department of Defense; (4) the Federal law enforcement community; (5) the Federal Chief Technology Office; and (6) such additional military and civilian agencies as the Director considers appropriate. (c) Responsibilities (1) Development of policies and procedures Subject to the authority, direction, and control of the Director of the National Office for Cyberspace, the Board shall be responsible for developing and periodically updating information security policies and procedures relating to the matters described in paragraph (2). In developing such policies and procedures, the Board shall require that all matters addressed in the policies and procedures are consistent, to the maximum extent practicable and in accordance with applicable law, among the civilian, military, intelligence, and law enforcement communities. (2) Specific matters covered in policies and procedures (A) Minimum security controls The Board shall be responsible for developing and periodically updating information security policies and procedures relating to minimum security controls for information technology, in order to— (i) provide Governmentwide protection of Government-networked computers against common attacks; and (ii) provide agencywide protection against threats, vulnerabilities, and other risks to the information infrastructure within individual agencies. (B) Measures of effectiveness The Board shall be responsible for developing and periodically updating information security policies and procedures relating to measurements needed to assess the effectiveness of the minimum security controls referred to in subparagraph (A) . Such measurements shall include a risk scoring system to evaluate risk to information security both Governmentwide and within contractors of the Federal Government. (C) Products and services The Board shall be responsible for developing and periodically updating information security policies, procedures, and minimum security standards relating to criteria for products and services to be used in agency information systems and information infrastructure that will meet the minimum security controls referred to in subparagraph (A) . In carrying out this subparagraph, the Board shall act in consultation with the Office of Management and Budget and the General Services Administration. (D) Remedies The Board shall be responsible for developing and periodically updating information security policies and procedures relating to methods for providing remedies for security deficiencies identified in agency information infrastructure. (3) Additional considerations The Board shall also consider— (A) opportunities to engage with the international community to set policies, principles, training, standards, or guidelines for information security; (B) opportunities to work with agencies and industry partners to increase information sharing and policy coordination efforts in order to reduce vulnerabilities in the national information infrastructure; and (C) options necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency. (4) Relationship to other standards The policies and procedures developed under paragraph (1) are supplemental to the standards promulgated by the Director of the National Office for Cyberspace under section 3558. (5) Recommendations for regulations The Board shall be responsible for making recommendations to the Director of the National Office for Cyberspace on regulations to carry out the policies and procedures developed by the Board under paragraph (1) . (d) Regulations The Director of the National Office for Cyberspace, in consultation with the Director of the Office of Management and the Administrator of General Services, shall promulgate and periodically update regulations to carry out the policies and procedures developed by the Board under subsection (c). (e) Annual Report The Director of the National Office for Cyberspace shall provide to Congress a report containing a summary of agency progress in implementing the regulations promulgated under this section as part of the annual report to Congress required under section 3555(a)(8). (f) No disclosure by Board required The Board is not required to disclose under section 552 of title 5 information submitted by agencies to the Board regarding threats, vulnerabilities, and risks. 3555. Authority and functions of the Director of the National Office for Cyberspace (a) In General The Director of the National Office for Cyberspace shall oversee agency information security policies and practices, including— (1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under section 3558; (2) requiring agencies, consistent with the standards promulgated under section 3558 and other requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of— (A) information collected or maintained by or on behalf of an agency; or (B) information infrastructure used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (3) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems; (4) overseeing agency compliance with the requirements of this subchapter, including through any authorized action under section 11303 of title 40, to enforce accountability for compliance with such requirements; (5) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3556(b); (6) coordinating information security policies and procedures of the Federal Government with related information resources management policies and procedures on the security and resiliency of cyberspace; (7) overseeing the operation of the Federal information security incident center required under section 3559; (8) reporting to Congress no later than March 1 of each year on agency compliance with the requirements of this subchapter, including— (A) a summary of the findings of audits required by section 3557; (B) an assessment of the development, promulgation, and adoption of, and compliance with, standards developed under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) and promulgated under section 3558; (C) significant deficiencies in agency information security practices; (D) planned remedial action to address such deficiencies; and (E) a summary of, and the views of the Director of the National Office for Cyberspace on, the report prepared by the National Institute of Standards and Technology under section 20(d)(10) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ); (9) coordinating the defense of information infrastructure operated by agencies in the case of a large-scale attack on information infrastructure, as determined by the Director; (10) establishing a national strategy not later than 120 days after the date of the enactment of this section; (11) coordinating information security training for Federal employees with the Office of Personnel Management; (12) ensuring the adequacy of protections for privacy and civil liberties in carrying out the responsibilities of the Director under this subchapter; (13) making recommendations that the Director determines are necessary to ensure risk-based security of the Federal information infrastructure and information infrastructure that is owned, operated, controlled, or licensed for use by, or on behalf of, the Department of Defense, a military department, or another element of the intelligence community to— (A) the Director of the Office of Management and Budget; (B) the head of an agency; or (C) to Congress with regard to the reprogramming of funds; (14) ensuring, in consultation with the Administrator of the Office of Information and Regulatory Affairs, that the efforts of agencies relating to the development of regulations, rules, requirements, or other actions applicable to the national information infrastructure are complementary; (15) when directed by the President, carrying out the responsibilities for national security and emergency preparedness communications described in section 706 of the Communications Act of 1934 ( 47 U.S.C. 606 ) to ensure integration and coordination; and (16) as assigned by the President, other duties relating to the security and resiliency of cyberspace. (b) Recruitment program Not later than 1 year after appointment, the Director of the National Office for Cyberspace shall establish a national program to conduct competitions and challenges that instruct United States students in cybersecurity education and computer literacy. (c) Budget oversight and reporting (1) The head of each agency shall submit to the Director of the National Office for Cyberspace a budget each year for the following fiscal year relating to the protection of information infrastructure for such agency, by a date determined by the Director that is before the submission of such budget by the head of the agency to the Office of Management and Budget. (2) The Director shall review and offer a non-binding approval or disapproval of each agency’s annual budget to each such agency before the submission of such budget by the head of the agency to the Office of Management and Budget. (3) If the Director offers a non-binding disapproval of an agency’s budget, the Director shall transmit recommendations to the head of such agency for strengthening its proposed budget with regard to the protection of such agency’s information infrastructure. (4) Each budget submitted by the head of an agency pursuant to paragraph (1) shall include— (A) a review of any threats to information technology for such agency; (B) a plan to secure the information infrastructure for such agency based on threats to information technology, using the National Institute of Standards and Technology guidelines and recommendations; (C) a review of compliance by such agency with any previous year plan described in subparagraph (B); and (D) a report on the development of the credentialing process to enable secure authentication of identity and authorization for access to the information infrastructure of such agency. (5) The Director of the National Office for Cyberspace may recommend to the President monetary penalties or incentives necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency. 3556. Agency responsibilities (a) In general The head of each agency shall— (1) be responsible for— (A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of— (i) information collected or maintained by or on behalf of the agency; and (ii) information infrastructure used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (B) complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including— (i) the regulations promulgated under section 3554 and the information security standards promulgated under section 3558; (ii) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President; and (iii) ensuring the standards implemented for information infrastructure and national security systems under the agency head are complementary and uniform, to the extent practicable; and (C) ensuring that information security management processes are integrated with agency strategic and operational planning processes; (2) ensure that senior agency officials provide information security for the information and information infrastructure that support the operations and assets under their control, including through— (A) assessing the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information infrastructure; (B) determining the levels of information security appropriate to protect such information and information infrastructure in accordance with regulations promulgated under section 3554 and standards promulgated under section 3558, for information security classifications and related requirements; (C) implementing policies and procedures to cost effectively reduce risks to an acceptable level; and (D) continuously testing and evaluating information security controls and techniques to ensure that they are effectively implemented; (3) delegate to an agency official, designated as the Chief Information Security Officer , under the authority of the agency Chief Information Officer the responsibility to oversee agency information security and the authority to ensure and enforce compliance with the requirements imposed on the agency under this subchapter, including— (A) overseeing the establishment and maintenance of a security operations capability on an automated and continuous basis that can— (i) assess the state of compliance of all networks and systems with prescribed controls issued pursuant to section 3558 and report immediately any variance therefrom and, where appropriate and with the approval of the agency Chief Information Officer, shut down systems that are found to be non-compliant; (ii) detect, report, respond to, contain, and mitigate incidents that impair adequate security of the information and information infrastructure, in accordance with policy provided by the Director of the National Office for Cyberspace, in consultation with the Chief Information Officers Council, and guidance from the National Institute of Standards and Technology; (iii) collaborate with the National Office for Cyberspace and appropriate public and private sector security operations centers to address incidents that impact the security of information and information infrastructure that extend beyond the control of the agency; and (iv) not later than 24 hours after discovery of any incident described under subparagraph (A)(ii), unless otherwise directed by policy of the National Office for Cyberspace, provide notice to the appropriate security operations center, the National Cyber Investigative Joint Task Force, and the Inspector General of the agency; (B) developing, maintaining, and overseeing an agency wide information security program as required by subsection (b); (C) developing, maintaining, and overseeing information security policies, procedures, and control techniques to address all applicable requirements, including those issued under sections 3555 and 3558; (D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and (E) assisting senior agency officials concerning their responsibilities under paragraph (2); (4) ensure that the agency has trained and cleared personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines; (5) ensure that the Chief Information Security Officer, in coordination with other senior agency officials, reports biannually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions; and (6) ensure that the Chief Information Security Officer possesses necessary qualifications, including education, professional certifications, training, experience, and the security clearance required to administer the functions described under this subchapter; and has information security duties as the primary duty of that official. (b) Agency program Each agency shall develop, document, and implement an agencywide information security program, approved by the Director of the National Office for Cyberspace under section 3555(a)(5), to provide information security for the information and information infrastructure that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes— (1) continuous automated technical monitoring of information infrastructure used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency to assure conformance with regulations promulgated under section 3554 and standards promulgated under section 3558; (2) testing of the effectiveness of security controls that are commensurate with risk (as defined by the National Institute of Standards and Technology and the National Office for Cyberspace) for agency information infrastructure; (3) policies and procedures that— (A) mitigate and remediate, to the extent practicable, information security vulnerabilities based on the risk posed to the agency; (B) cost effectively reduce information security risks to an acceptable level; (C) ensure that information security is addressed throughout the life cycle of each agency information system and information infrastructure; (D) ensure compliance with— (i) the requirements of this subchapter; (ii) policies and procedures as may be prescribed by the Director of the National Office for Cyberspace, and information security standards promulgated under section 3558; (iii) minimally acceptable system configuration requirements, as determined by the Director of the National Office for Cyberspace; and (iv) any other applicable requirements, including— (I) standards and guidelines for national security systems issued in accordance with law and as directed by the President; (II) the policy of the Director of the National Office for Cyberspace; (III) the National Institute of Standards and Technology guidance; and (IV) the Chief Information Officers Council recommended approaches; (E) develop, maintain, and oversee information security policies, procedures, and control techniques to address all applicable requirements, including those issued under sections 3555 and 3558; and (F) ensure the oversight and training of personnel with significant responsibilities for information security with respect to such responsibilities; (4) ensuring that the agency has trained and cleared personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines; (5) to the extent practicable, automated and continuous technical monitoring for testing, and evaluation of the effectiveness and compliance of information security policies, procedures, and practices, including— (A) management, operational, and technical controls of every information infrastructure identified in the inventory required under section 3505(b); and (B) management, operational, and technical controls relied on for an evaluation under section 3556; (6) a process for planning, implementing, evaluating, and documenting remedial action to address any deficiencies in the information security policies, procedures, and practices of the agency; (7) to the extent practicable, continuous automated technical monitoring for detecting, reporting, and responding to security incidents, consistent with standards and guidelines issued by the Director of the National Office for Cyberspace, including— (A) mitigating risks associated with such incidents before substantial damage is done; (B) notifying and consulting with the appropriate security operations response center; and (C) notifying and consulting with, as appropriate— (i) law enforcement agencies and relevant Offices of Inspectors General; (ii) the National Office for Cyberspace; and (iii) any other agency or office, in accordance with law or as directed by the President; and (8) plans and procedures to ensure continuity of operations for information infrastructure that support the operations and assets of the agency. (c) Agency reporting Each agency shall— (1) submit an annual report on the adequacy and effectiveness of information security policies, procedures, and practices, and compliance with the requirements of this subchapter, including compliance with each requirement of subsection (b) to— (A) the National Office for Cyberspace; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Oversight and Government Reform of the House of Representatives; (D) other appropriate authorization and appropriations committees of Congress; and (E) the Comptroller General; (2) address the adequacy and effectiveness of information security policies, procedures, and practices in plans and reports relating to— (A) annual agency budgets; (B) information resources management of this subchapter; (C) information technology management under this chapter; (D) program performance under sections 1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39; (E) financial management under chapter 9 of title 31, and the Chief Financial Officers Act of 1990 ( 31 U.S.C. 501 note; Public Law 101–576 ) (and the amendments made by that Act); (F) financial management systems under the Federal Financial Management Improvement Act ( 31 U.S.C. 3512 note); and (G) internal accounting and administrative controls under section 3512 of title 31; and (3) report any significant deficiency in a policy, procedure, or practice identified under paragraph (1) or (2)— (A) as a material weakness in reporting under section 3512 of title 31; and (B) if relating to financial management systems, as an instance of a lack of substantial compliance under the Federal Financial Management Improvement Act ( 31 U.S.C. 3512 note). (d) Performance plan (1) In addition to the requirements of subsection (c), each agency, in consultation with the National Office for Cyberspace, shall include as part of the performance plan required under section 1115 of title 31 a description of the resources, including budget, staffing, and training, that are necessary to implement the program required under subsection (b). (2) The description under paragraph (1) shall be based on the risk assessments required under subsection (a)(2). (e) Public notice and comment Each agency shall provide the public with timely notice and opportunities for comment on proposed information security policies and procedures to the extent that such policies and procedures affect communication with the public. 3557. Annual independent audit (a) In general (1) Each year each agency shall have performed an independent audit of the information security program and practices of that agency to determine the effectiveness of such program and practices. (2) Each audit under this section shall include— (A) testing of the effectiveness of the information infrastructure of the agency for automated, continuous monitoring of the state of compliance of its information infrastructure with regulations promulgated under section 3554 and standards promulgated under section 3558 in a representative subset of— (i) the information infrastructure used or operated by the agency; and (ii) the information infrastructure used, operated, or supported on behalf of the agency by a contractor of the agency, a subcontractor (at any tier) of such contractor, or any other entity; (B) an assessment (made on the basis of the results of the testing) of compliance with— (i) the requirements of this subchapter; and (ii) related information security policies, procedures, standards, and guidelines; (C) separate assessments, as appropriate, regarding information security relating to national security systems; and (D) a conclusion regarding whether the information security controls of the agency are effective, including an identification of any significant deficiencies in such controls. (3) Each audit under this section shall be performed in accordance with applicable generally accepted Government auditing standards. (b) Independent auditor Subject to subsection (c)— (1) for each agency with an Inspector General appointed under the Inspector General Act of 1978 or any other law, the annual audit required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; and (2) for each agency to which paragraph (1) does not apply, the head of the agency shall engage an independent external auditor to perform the audit. (c) National security systems For each agency operating or exercising control of a national security system, that portion of the audit required by this section directly relating to a national security system shall be performed— (1) only by an entity designated head; and (2) in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws. (d) Existing audits The audit required by this section may be based in whole or in part on another audit relating to programs or practices of the applicable agency. (e) Agency reporting (1) Each year, not later than such date established by the Director of the National Office for Cyberspace, the head of each agency shall submit to the Director the results of the audit required under this section. (2) To the extent an audit required under this section directly relates to a national security system, the results of the audit submitted to the Director of the National Office for Cyberspace shall contain only a summary and assessment of that portion of the audit directly relating to a national security system. (f) Protection of information Agencies and auditors shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws and regulations. (g) National Office for Cyberspace reports to congress (1) The Director of the National Office for Cyberspace shall summarize the results of the audits conducted under this section in the annual report to Congress required under section 3555(a)(8). (2) The Director’s report to Congress under this subsection shall summarize information regarding information security relating to national security systems in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws. (3) Audits and any other descriptions of information infrastructure under the authority and control of the Director of Central Intelligence or of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws. (h) Comptroller general The Comptroller General shall periodically evaluate and report to Congress on— (1) the adequacy and effectiveness of agency information security policies and practices; and (2) implementation of the requirements of this subchapter. (i) Contractor audits Each year each contractor that operates, uses, or supports an information system or information infrastructure on behalf of an agency and each subcontractor of such contractor— (1) shall conduct an audit using an independent external auditor in accordance with subsection (a), including an assessment of compliance with the applicable requirements of this subchapter; and (2) shall submit the results of such audit to such agency not later than such date established by the Agency. 3558. Responsibilities for Federal information systems standards (a) Requirement To Prescribe Standards (1) In general (A) Requirement Except as provided under paragraph (2), the Secretary of Commerce shall, on the basis of proposed standards developed by the National Institute of Standards and Technology pursuant to paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a) ) and in consultation with the Secretary of Homeland Security, promulgate information security standards pertaining to Federal information systems. (B) Required standards Standards promulgated under subparagraph (A) shall include— (i) standards that provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(b) ); and (ii) such standards that are otherwise necessary to improve the efficiency of operation or security of Federal information systems. (C) Required standards binding Information security standards described under subparagraph (B) shall be compulsory and binding. (2) Standards and guidelines for national security systems Standards and guidelines for national security systems, as defined under section 3552(b), shall be developed, promulgated, enforced, and overseen as otherwise authorized by law and as directed by the President. (b) Application of More Stringent Standards The head of an agency may employ standards for the cost-effective information security for all operations and assets within or under the supervision of that agency that are more stringent than the standards promulgated by the Secretary of Commerce under this section, if such standards— (1) contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Secretary; and (2) are otherwise consistent with policies and guidelines issued under section 3555. (c) Requirements Regarding Decisions by the Secretary (1) Deadline The decision regarding the promulgation of any standard by the Secretary of Commerce under subsection (b) shall occur not later than 6 months after the submission of the proposed standard to the Secretary by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ). (2) Notice and comment A decision by the Secretary of Commerce to significantly modify, or not promulgate, a proposed standard submitted to the Secretary by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ), shall be made after the public is given an opportunity to comment on the Secretary’s proposed decision. 3559. Federal information security incident center (a) In General The Director of the National Office for Cyberspace shall ensure the operation of a central Federal information security incident center to— (1) provide timely technical assistance to operators of agency information systems and information infrastructure regarding security incidents, including guidance on detecting and handling information security incidents; (2) compile and analyze information about incidents that threaten information security; (3) inform operators of agency information systems and information infrastructure about current and potential information security threats, and vulnerabilities; and (4) consult with the National Institute of Standards and Technology, agencies or offices operating or exercising control of national security systems (including the National Security Agency), and such other agencies or offices in accordance with law and as directed by the President regarding information security incidents and related matters. (b) National Security Systems Each agency operating or exercising control of a national security system shall share information about information security incidents, threats, and vulnerabilities with the Federal information security incident center to the extent consistent with standards and guidelines for national security systems, issued in accordance with law and as directed by the President. (c) Review and approval In coordination with the Administrator for Electronic Government and Information Technology, the Director of the National Office for Cyberspace shall review and approve the policies, procedures, and guidance established in this subchapter to ensure that the incident center has the capability to effectively and efficiently detect, correlate, respond to, contain, mitigate, and remediate incidents that impair the adequate security of the information systems and information infrastructure of more than one agency. To the extent practicable, the capability shall be continuous and technically automated. 3560. National security systems The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency— (1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system; (2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President; and (3) complies with the requirements of this subchapter. . 102. Information security acquisition requirements Chapter 113 of title 40, United States Code, is amended by adding at the end of subchapter II the following new section: 11319. Information security acquisition requirements. (a) Prohibition Notwithstanding any other provision of law, beginning one year after the date of the enactment of the Executive Cyberspace Coordination Act of 2013 , no agency may enter into a contract, an order under a contract, or an interagency agreement for— (1) the collection, use, management, storage, or dissemination of information on behalf of the agency; (2) the use or operation of an information system or information infrastructure on behalf of the agency; or (3) information technology; unless such contract, order, or agreement includes requirements to provide effective information security that supports the operations and assets under the control of the agency, in compliance with the policies, standards, and guidance developed under subsection (b), and otherwise ensures compliance with this section. (b) Coordination of secure acquisition policies (1) In general The Director of the Office of Management and Budget, in consultation with the Director of the National Institute of Standards and Technology, the Director of the National Office for Cyberspace, and the Administrator of General Services, shall oversee the development and implementation of policies, standards, and guidance, including through revisions to the Federal Acquisition Regulation and the Department of Defense supplement to the Federal Acquisition Regulation, to cost effectively enhance agency information security, including— (A) minimum information security requirements for agency procurement of information technology products and services; and (B) approaches for evaluating and mitigating significant supply chain security risks associated with products or services to be acquired by agencies. (2) Report Not later than two years after the date of the enactment of the Executive Cyberspace Coordination Act of 2013 , the Director of the Office of Management and Budget shall submit to Congress a report describing— (A) actions taken to improve the information security associated with the procurement of products and services by the Federal Government; and (B) plans for overseeing and coordinating efforts of agencies to use best practice approaches for cost-effectively purchasing more secure products and services. (c) Vulnerability assessments of major systems (1) Requirement for initial vulnerability assessments The Director of the Office of Management and Budget shall require each agency to conduct an initial vulnerability assessment for any major system and its significant items of supply prior to the development of the system. The initial vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach to— (A) identify vulnerabilities; (B) define exploitation potential; (C) examine the system's potential effectiveness; (D) determine overall vulnerability; and (E) make recommendations for risk reduction. (2) Subsequent vulnerability assessments (A) The Director shall require a subsequent vulnerability assessment of each major system and its significant items of supply within a program if the Director determines that circumstances warrant the issuance of an additional vulnerability assessment. (B) Upon the request of a congressional committee, the Director may require a subsequent vulnerability assessment of a particular major system and its significant items of supply within the program. (C) Any subsequent vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach and, if applicable, a testing-based approach, to monitor the exploitation potential of such system and reexamine the factors described in subparagraphs (A) through (E) of paragraph (1). (3) Congressional oversight The Director shall provide to the appropriate congressional committees a copy of each vulnerability assessment conducted under paragraph (1) or (2) not later than 10 days after the date of the completion of such assessment. (d) Definitions In this section: (1) Item of supply The term item of supply — (A) means any individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the major system, including a spare part or replenishment part; and (B) does not include packaging or labeling associated with shipment or identification of an item. (2) Vulnerability assessment The term vulnerability assessment means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply. (3) Major system The term major system has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 ). . 103. Technical and conforming amendments (a) Table of sections in title 44 The table of sections for chapter 35 of title 44, United States Code, is amended by striking the matter relating to subchapters II and III and inserting the following: Subchapter II—Information security 3551. Purposes. 3552. Definitions. 3553. National Office for Cyberspace. 3554. Federal Cybersecurity Practice Board. 3555. Authority and functions of the Director of the National Office for Cyberspace. 3556. Agency responsibilities. 3557. Annual independent audit. 3558. Responsibilities for Federal information systems standards. 3559. Federal information security incident center. 3560. National security systems. . (b) Table of sections in title 40 The table of sections for chapter 113 of title 40, United States Code, is amended by inserting after the item relating to section 11318 the following new item: Sec. 11319. Information security acquisition requirements. . (c) Other references (1) Section 1001(c)(1)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 511(c)(1)(A) ) is amended by striking section 3532(3) and inserting section 3552(b) . (2) Section 2222(j)(6) of title 10, United States Code, is amended by striking section 3542(b)(2)) and inserting section 3552(b) . (3) Section 2223(c)(3) of title 10, United States Code, is amended, by striking section 3542(b)(2)) and inserting section 3552(b) . (4) Section 2315 of title 10, United States Code, is amended by striking section 3542(b)(2)) and inserting section 3552(b) . (5) Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (A) in subsections (a)(2) and (e)(5), by striking section 3532(b)(2) and inserting section 3552(b) ; (B) in subsection (e)(2), by striking section 3532(1) and inserting section 3552(b) ; and (C) in subsections (c)(3) and (d)(1), by striking section 11331 of title 40 and inserting section 3558 of title 44 . (6) Section 8(d)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7406(d)(1) ) is amended by striking section 3534(b) and inserting section 3556(b) . (d) Repeal (1) Subchapter III of chapter 113 of title 40, United States Code, is repealed. (2) The table of sections for chapter 113 of such title is amended by striking the matter relating to subchapter III. (e) Executive schedule pay rate Section 5314 of title 5, United States Code, is amended by adding at the end the following: Director of the National Office for Cyberspace. . (f) Membership on the National Security Council Section 101(a) of the National Security Act of 1947 ( 50 U.S.C. 402(a) ) is amended— (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: (7) the Director of the National Office for Cyberspace; . 104. Effective date (a) In general Unless otherwise specified in this section, this title (including the amendments made by this title) shall take effect 30 days after the date of enactment of this Act. (b) National Office for Cyberspace Section 3553 of title 44, United States Code, as added by section 101 of this title, shall take effect 180 days after the date of enactment of this Act. (c) Federal Cybersecurity Practice Board Section 3554 of title 44, United States Code, as added by section 101 of this title, shall take effect one year after the date of enactment of this Act. II Federal Chief Technology Officer 201. Office of the Chief Technology Officer (a) Establishment and staff (1) Establishment (A) In general There is established in the Executive Office of the President an Office of the Federal Chief Technology Officer (in this section referred to as the Office ). (B) Head of the Office (i) Federal Chief Technology Officer The President shall appoint a Federal Chief Technology Officer (in this section referred to as the Federal CTO ) who shall be the head of the Office. (ii) Compensation Section 5314 of title 5, United States Code, is amended by adding at the end the following: Federal Chief Technology Officer. . (2) Staff of the Office The President may appoint additional staff members to the Office. (b) Duties of the office The functions of the Federal CTO are the following: (1) Undertake fact-gathering, analysis, and assessment of the Federal Government’s information technology infrastructures, information technology strategy, and use of information technology, and provide advice on such matters to the President, heads of Federal departments and agencies, and government chief information officers and chief technology officers. (2) Lead an interagency effort, working with the chief technology and chief information officers of each of the Federal departments and agencies, to develop and implement a planning process to ensure that they use best-in-class technologies, share best practices, and improve the use of technology in support of Federal Government requirements. (3) Advise the President on information technology considerations with regard to Federal budgets and with regard to general coordination of the research and development programs of the Federal Government for information technology-related matters. (4) Promote technological innovation in the Federal Government, and encourage and oversee the adoption of robust cross-governmental architectures and standards-based information technologies, in support of effective operational and management policies, practices, and services across Federal departments and agencies and with the public and external entities. (5) Establish cooperative public-private sector partnership initiatives to achieve knowledge of technologies available in the marketplace that can be used for improving governmental operations and information technology research and development activities. (6) Gather timely and authoritative information concerning significant developments and trends in information technology, and in national priorities, both current and prospective, and analyze and interpret the information for the purpose of determining whether the developments and trends are likely to affect achievement of the priority goals of the Federal Government. (7) Develop, review, revise, and recommend criteria for determining information technology activities warranting Federal support, and recommend Federal policies designed to advance the development and maintenance of effective and efficient information technology capabilities, including human resources, at all levels of government, academia, and industry, and the effective application of the capabilities to national needs. (8) Any other functions and activities that the President may assign to the Federal CTO. (c) Policy Planning; Analysis and Advice The Office shall serve as a source of analysis and advice for the President and heads of Federal departments and agencies with respect to major policies, plans, and programs of the Federal Government in accordance with the functions described in subsection (b) . (d) Coordination of the Office with other entities (1) Federal CTO on Domestic Policy Council The Federal CTO shall be a member of the Domestic Policy Council. (2) Federal CTO on Cyber Security Practice Board The Federal CTO shall be a member of the Federal Cybersecurity Practice Board. (3) Obtain information from agencies The Office may secure, directly from any department or agency of the United States, information necessary to enable the Federal CTO to carry out this section. On request of the Federal CTO, the head of the department or agency shall furnish the information to the Office, subject to any applicable limitations of Federal law. (4) Staff of Federal Agencies On request of the Federal CTO, to assist the Office in carrying out the duties of the Office, the head of any Federal department or agency may detail personnel, services, or facilities of the department or agency to the Office. (e) Annual Report (1) Publication and Contents The Federal CTO shall publish, in the Federal Register and on a public Internet website of the Federal CTO, an annual report that includes the following: (A) Information on programs to promote the development of technological innovations. (B) Recommendations for the adoption of policies to encourage the generation of technological innovations. (C) Information on the activities and accomplishments of the Office in the year covered by the report. (2) Submission The Federal CTO shall submit each report under paragraph (1) to— (A) the President; (B) the Committee on Oversight and Government Reform of the House of Representatives; (C) the Committee on Science and Technology of the House of Representatives; and (D) the Committee on Commerce, Science, and Transportation of the Senate. III Strengthening Cybersecurity for Critical Infrastructure 301. Definitions In this title: (1) Critical information infrastructure The term critical information infrastructure means the electronic information and communications systems, software, and assets that control, protect, process, transmit, receive, program, or store information in any form, including data, voice, and video, relied upon by critical infrastructure, industrial control systems such as supervisory control and data acquisition systems, and programmable logic controllers. This shall also include such systems of the Federal Government. (2) Secretary The term Secretary means the Secretary of Homeland Security. 302. Authority of Secretary (a) In general The Secretary shall have primary authority, in consultation with the Director of the National Office for Cyberspace and the Federal Cyberspace Practice Board, in the executive branch of the Federal Government in creation, verification, and enforcement of measures with respect to the protection of critical information infrastructure, including promulgating risk-informed information security practices and standards applicable to critical information infrastructures that are not owned by or under the direct control of the Federal Government. The Secretary should consult with appropriate private sector entities, including private owners and operators of the affected infrastructure, to carry out this section. (b) Other Federal agencies In establishing measures with respect to the protection of critical information infrastructure the Secretary shall— (1) consult with the Secretary of Commerce, the Secretary of Defense, the National Institute of Standards and Technology, and other sector specific Federal regulatory agencies in exercising the authority referred to in subsection (a); and (2) coordinate, though the Executive Office of the President, with sector specific Federal regulatory agencies, including the Federal Energy Regulatory Commission, in establishing enforcement mechanisms under the authority referred to in subsection (a). (c) Auditing authority The Secretary may— (1) conduct such audits as are necessary to ensure that appropriate measures are taken to secure critical information infrastructure; (2) issue such subpoenas as are necessary to determine compliance with Federal regulatory requirements for securing critical information infrastructure; and (3) authorize sector specific Federal regulatory agencies to undertake such audits.

https://www.govinfo.gov/content/pkg/BILLS-113hr3032ih/xml/BILLS-113hr3032ih.xml

113-hr-3033

I 113th CONGRESS 1st Session H. R. 3033 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Latta (for himself, Mr. McKinley , Mr. Coffman , Mr. Huelskamp , Mr. Westmoreland , Mr. Long , and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Judiciary , Energy and Commerce , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To enhance energy security by expanding access to domestic energy resources, boost employment opportunities in the energy sector, and provide consumers relief from artificial price increases. 1. Short title; table of contents (a) Short title This Act may be referred to as the Energy Security and Employment Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Expand access to America’s Oil and Gas Resources Subtitle A—Outer Continental Shelf Sec. 101. Repeal of moratorium under Gulf of Mexico Energy Security Act of 2006. Sec. 102. National defense areas. Sec. 103. OCS oil and gas leasing program for 2013–2018. Sec. 104. Sharing of OCS receipts with States and local governments. Subtitle B—Arctic Coastal Plain Sec. 111. Definitions. Sec. 112. Leasing program for land within the Coastal Plain. Sec. 113. Lease sales. Sec. 114. Grant of leases by the Secretary. Sec. 115. Lease terms and conditions. Sec. 116. Expedited judicial review. Sec. 117. Rights-of-way and easements across the Coastal Plain. Sec. 118. Conveyance. Title II—Revocation of Energy-Restricting BLM Lockup Subtitle A—Expedited Shale Leasing of Federal Lands Sec. 201. Opening of lands to oil shale leasing. Subtitle B—Judicial Review Regarding Energy Projects Sec. 211. Definitions. Sec. 212. Jurisdiction over causes and claims relating to covered energy projects. Sec. 213. Time for filing complaint. Sec. 214. Expedition in hearing and determining the action. Sec. 215. Standard of review. Sec. 216. Limitation on injunction and prospective relief. Sec. 217. Limitation on Attorneys’ fees. Sec. 218. Legal standing. Subtitle C—Permitting reform Sec. 221. Purposes. Sec. 222. Federal Coordinator. Sec. 223. Regional offices and Regional Permit Coordinators. Sec. 224. Reviews and actions of Federal agencies. Sec. 225. State coordination. Sec. 226. Savings provision. Sec. 227. Administrative and judicial review. Sec. 228. Amendments to publication process. Sec. 229. Definitions. Title III—Relief From Regulations and Prohibitions that Cause Artificial Price Increases Subtitle A—Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels Sec. 301. Repeal of EPA climate change regulation. Sec. 302. Repeal of Federal ban on synthetic fuels purchasing requirement. Sec. 303. Elimination of boutique fuels. Subtitle B—Refinery reform Sec. 311. Refinery permitting process. Sec. 312. Existing refinery permit application deadline. I Expand access to America’s Oil and Gas Resources A Outer Continental Shelf 101. Repeal of moratorium under Gulf of Mexico Energy Security Act of 2006 Section 104 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is repealed. 102. National defense areas This title shall not affect the 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)). 103. OCS oil and gas leasing program for 2013–2018 (a) In general The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years 2013 through 2018. (b) Final Environmental Impact Statement The Secretary is considered to have issued a final environmental impact statement for the program referred to in subsection (a) in accordance with all requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (c) Termination of existing program The Five Year Outer Continental Shelf Oil and Gas Leasing Program for 2012–2017 shall have no force or effect. 104. Sharing of OCS receipts with States and local governments Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) is amended as follows: (1) By designating the existing text as a subsection (a). (2) In subsection (a) (as so designated) by inserting , if not paid as otherwise provided in this title after receipts . (3) By adding at the end the following: (b) Treatment of OCS Receipts (1) Deposit The Secretary shall deposit into a separate account in the Treasury the portion of OCS Receipts for each fiscal year that will be shared under paragraph (2). (2) Immediate receipts sharing Beginning October 1, 2013, the Secretary shall pay under subsection (c) 50 percent of OCS Receipts received by the United States under all leases under this Act, except that the Secretary shall only pay 25 percent of such OCS Receipts received under all such leases within a State’s Adjacent Zone if leasing is not allowed within at least 25 percent of the portion of that State’s Adjacent Zone located completely within 75 miles of any coastline. (3) Allocations The Secretary shall allocate the OCS Receipts deposited into the separate account established by paragraph (1) that are paid under paragraph (2) as follows: (A) Bonus bids Deposits of bonus bids from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year to the Adjacent State. (B) Royalties Deposits of royalties and net profit shares from a leased tract, including interest thereon, shall be allocated at the end of each fiscal year as follows: (i) 50 percent to the Adjacent State. (ii) 50 percent, in equal amounts, to all States, including the Adjacent State, that— (I) have a coastline point within 300 miles of the center of the leased tract; and (II) allow leasing within at least 25 percent of the portion of each State’s Adjacent Zone that is within 75 miles of the coastline. (C) Limitation if not admitted to the union as a State Any territory of the United States shall only be entitled to one-half of a State share under this paragraph. (c) Payment of Allocations (1) In general Not later than 90 days after the end of each fiscal year, the Secretary shall pay— (A) to each State 60 percent of such State’s allocations under subsection b)(3) for the preceding fiscal year, together with all accrued interest thereon; and (B) to the coastal county-equivalents and municipal political subdivisions of such State a total of 40 percent of such State’s allocations under subsection (b)(3) for the preceding fiscal year, together with all accrued interest thereon, allocated among such county equivalents and subdivision in accordance with paragraph (2). (2) Allocations to coastal county-equivalent political subdivisions The Secretary shall make an initial allocation of the OCS Receipts to be paid with respect to a State under paragraph (1)(B) for a fiscal year as follows: (A) 25 percent shall be allocated among coastal county-equivalent political subdivisions of the State that each— (i) are completely more than 25 miles landward of the coastline of the State; and (ii) have a part of which that lies not more than 75 miles landward from the coastline, based on the population of such subdivisions. (B) 75 percent shall be allocated among coastal county-equivalent political subdivisions of the State that each are completely or partially less than 25 miles landward of the coastline, of which— (i) 25 percent shall be allocated based on the ratio of each such subdivision’s population to the coastal population of all such subdivisions; (ii) 25 percent shall be allocated based on the ratio of the coastline miles of each such subdivision’s to the coastline miles of all such subdivisions of the State, as calculated by the Secretary with each such subdivisions without a coastline considered to have 50 percent of the average coastline miles of such subdivisions that do have coastlines; and (iii) 50 percent shall be allocated equally to all such subdivisions having a coastline point within 300 miles of the center of the leased tract with respect to which OCS Receipts are paid. (3) Allocations to coastal municipal political subdivisions The initial allocation to each coastal county-equivalent political subdivision under paragraph (2) shall be further allocated to the coastal county-equivalent political subdivision and any coastal municipal political subdivisions located partially or wholly within the boundaries of the coastal county-equivalent political subdivision, as follows: (A) One-third shall be allocated to the coastal county-equivalent political subdivision. (B) Two-thirds shall be allocated on a per capita basis to the municipal political subdivisions and the county-equivalent political subdivision, with the allocation to the latter based upon its population not included within the boundaries of a municipal political subdivision. (d) Investment of Deposits Amounts deposited under this section shall be invested by the Secretary of the Treasury in securities backed by the full faith and credit of the United States having maturities suitable to the needs of the account in which they are deposited and yielding the highest reasonably available interest rates as determined by the Secretary of the Treasury. (e) Use of Funds A recipient of funds under this section may use the funds for one or more of the following: (1) To reduce in-State college tuition at public institutions of higher learning and otherwise support public education, including career technical education. (2) To make transportation infrastructure improvements. (3) To reduce taxes. (4) To promote, fund, and provide for— (A) coastal or environmental restoration; (B) fish, wildlife, and marine life habitat enhancement; (C) waterways construction and maintenance; (D) levee construction and maintenance and shore protection; and (E) marine and oceanographic education and research. (5) To promote, fund, and provide for— (A) infrastructure associated with energy production activities conducted on the outer Continental Shelf; (B) energy demonstration projects; (C) supporting infrastructure for shore-based energy projects; (D) State geologic programs, including geologic mapping and data storage programs, and State geophysical data acquisition; (E) State seismic monitoring programs, including operation of monitoring stations; (F) development of oil and gas resources through enhanced recovery techniques; (G) alternative energy development, including bio fuels, coal-to-liquids, oil shale, tar sands, geothermal, geopressure, wind, waves, currents, hydro, and other renewable energy; (H) energy efficiency and conservation programs; and (I) front-end engineering and design for facilities that produce liquid fuels from hydrocarbons and other biological matter. (6) To promote, fund, and provide for— (A) historic preservation programs and projects; (B) natural disaster planning and response; and (C) hurricane and natural disaster insurance programs. (f) No Accounting Required No recipient of funds under this section shall be required to account to the Federal Government for the expenditure of such funds, except as otherwise may be required by law. However, States may enact legislation providing for accounting for and auditing of such expenditures. Funds allocated under this section to States and political subdivisions may be used as matching funds for other Federal programs. (g) Effect of Future Laws Enactment after the date of the enactment of the Energy Security and Employment Act of any Federal statute that has the effect, as determined by the Secretary, of restricting any Federal agency from spending appropriated funds, or otherwise preventing it from fulfilling its preexisting responsibilities as of the date of enactment of the statute (unless such responsibilities have been reassigned to another Federal agency by the statute with no prevention of performance) to issue any permit or other approval impacting on the OCS oil and gas leasing program, or any lease issued thereunder, or to implement any provision of this Act shall automatically prohibit any payment of OCS Receipts under this section directly to States, and their coastal political subdivisions, for the duration of the restriction. The Secretary shall make the determination of the existence of such restricting effects within 30 days of a petition by any outer Continental Shelf lessee or producing State. (h) Definitions In this section: (1) Adjacent state The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. (2) Adjacent zone and state adjacent zone Each of the terms Adjacent Zone and State Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved under this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared to be the law of the United States. (3) Bonus bids The term bonus bid means all funds received by the Secretary to issue an outer Continental Shelf mineral lease. (4) Coastal county-equivalent political subdivision The term coastal county-equivalent political subdivision means a political jurisdiction immediately below the level of State government, including a county, parish, borough in Alaska, independent municipality that is not part of a county, parish, or borough in Alaska, or other equivalent subdivision of a coastal State, that lies within the coastal zone. (5) Coastal municipal political subdivision The term coastal municipal political subdivision means a municipality located within and part of a county, parish, borough in Alaska, or other equivalent subdivision of a State, all or part of which coastal municipal political subdivision lies within the coastal zone. (6) Coastal population The term coastal population means the population of all coastal county-equivalent political subdivisions, as determined by the most recent official data of the Census Bureau. (7) Coastal zone The term coastal zone means that portion of a coastal State, including the entire territory of any coastal county-equivalent political subdivision at least a part of which lies, within 75 miles landward from the coastline, or a greater distance as determined by State law enacted to implement this section. (8) OCS receipts The term OCS Receipts means bonus bids and royalties, excluding royalties from leases amended under the authority of section 8(s) of this Act. (9) Producing State The term producing State means an Adjacent State having an Adjacent Zone containing a leased tract from which OCS Receipts are derived. (10) Royalty The term royalty means all funds received by the United States from production of oil or natural gas, or the sale of production taken in-kind, or from net profit shares, from an outer Continental Shelf mineral lease. . B Arctic Coastal Plain 111. Definitions In this subtitle: (1) Coastal Plain The term Coastal Plain means that area identified as the 1002 Coastal Plain Area on the map. (2) Federal agreement The term Federal Agreement means the Federal Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) and the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.). (3) Final statement The term Final Statement means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (4) Map The term map means the map entitled Arctic National Wildlife Refuge , dated September 2005, and prepared by the United States Geological Survey. (5) Secretary The term Secretary means the Secretary of the Interior (or the designee of the Secretary), acting through the Director of the Bureau of Land Management, in consultation with the Director of the United States Fish and Wildlife Service. 112. Leasing program for land within the Coastal Plain (a) In general The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this subtitle, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed. (2) Conforming amendment The table of contents contained in section 1 of that Act ( 16 U.S.C. 3101 note) is amended by striking the item relating to section 1003. (c) Compliance with requirements from certain other laws (1) Adequacy of the Department of the Interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this subtitle, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale. (2) Compliance with NEPA for other actions (A) In general Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this subtitle that are not referred to in paragraph (1). (B) Identification and analysis Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not be required— (i) to identify nonleasing alternative courses of action; or (ii) to analyze the environmental effects of those courses of action. (C) Identification of preferred action Not later than 18 months after the date of enactment of this Act, the Secretary shall— (i) identify only a preferred action and a single leasing alternative for the first lease sale authorized under this subtitle; and (ii) analyze the environmental effects and potential mitigation measures for those 2 alternatives. (D) Public comments In carrying out this paragraph, the Secretary shall consider only public comments that are filed not later than 20 days after the date of publication of a draft environmental impact statement. (E) Effect of compliance Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. (d) Relationship to State and local authority Nothing in this subtitle expands or limits any State or local regulatory authority. (e) Special areas (1) Designation (A) In general The Secretary, after consultation with the State of Alaska, the North Slope Borough, Alaska, and the City of Kaktovik, Alaska, may designate not more than 45,000 acres of the Coastal Plain as a special area if the Secretary determines that the special area would be of such unique character and interest as to require special management and regulatory protection. (B) Sadlerochit Spring area The Secretary shall designate as a special area in accordance with subparagraph (A) the Sadlerochit Spring area, comprising approximately 4,000 acres as depicted on the map. (2) Management The Secretary shall manage each special area designated under this subsection in a manner that preserves the unique and diverse character of the area, including fish, wildlife, subsistence resources, and cultural values of the area. (3) Exclusion from leasing or surface occupancy (A) In general The Secretary may exclude any special area designated under this subsection from leasing. (B) No surface occupancy If the Secretary leases all or a portion of a special area for the purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the land comprising the special area. (4) Directional drilling Notwithstanding any other provision of this subsection, the Secretary may lease all or a portion of a special area under terms that permit the use of horizontal drilling technology from sites on lease tracts located outside the special area. (f) Limitation on closed areas The Secretary may not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this subtitle. (g) Regulations (1) In general Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, fish and wildlife habitat, subsistence resources, and environment of the Coastal Plain. (2) Revision of regulations The Secretary shall periodically review and, as appropriate, revise the rules and regulations issued under paragraph (1) to reflect any significant biological, environmental, scientific or engineering data that come to the attention of the Secretary. 113. Lease sales (a) In general Land may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after that nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease sale bids Lease sales under this subtitle may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Acreage minimum in first sale For the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of lease sales The Secretary shall— (1) not later than 22 months after the date of enactment of this Act, conduct the first lease sale under this subtitle; (2) not later than 90 days after the date of the completion of such sale, evaluate the bids in the sale and issue leases resulting from the sale; and (3) conduct additional lease sales under this subtitle at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. 114. Grant of leases by the Secretary (a) In general On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 113 a lease for any land on the Coastal Plain. (b) Subsequent transfers (1) In general No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) Condition for approval Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General. 115. Lease terms and conditions An oil or gas lease issued pursuant to this subtitle shall— (1) provide for the payment of a royalty of not less than 12 ½ percent of the amount or value of the production removed or sold under the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases; (2) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee; (3) provide that the lessee may not delegate or convey, by contract or otherwise, that reclamation responsibility and liability to another person without the express written approval of the Secretary; (4) provide that the standard of reclamation for land required to be reclaimed under this subtitle shall be, to the maximum extent practicable— (A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; or (B) on application by the lessee, to a higher or better standard, as approved by the Secretary; (5) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 112(g)(1); (6) provide that each lessee, and each agent and contractor of a lessee, use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement; and (7) contain such other provisions as the Secretary determines to be necessary to ensure compliance with this subtitle and the regulations promulgated under this subtitle. 116. Expedited judicial review (a) Filing of complaints (1) Deadline A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed— (A) except as provided in subparagraph (B), during the 90-day period beginning on the date on which the action being challenged was carried out; or (B) in the case of a complaint based solely on grounds arising after the 90-day period described in subparagraph (A), by not later than 90 days after the date on which the complainant knew or reasonably should have known about the grounds for the complaint. (2) Venue A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed in the United States District Court for the District of Columbia. (3) Scope (A) In general Judicial review of a decision of the Secretary relating to a lease sale under this subtitle (including an environmental analysis of such a lease sale) shall be— (i) limited to a review of whether the decision is in accordance with this subtitle; and (ii) based on the administrative record of the decision. (B) Presumptions Any identification by the Secretary of a preferred course of action relating to a lease sale, and any analysis by the Secretary of environmental effects, under this subtitle shall be presumed to be correct unless proven otherwise by clear and convincing evidence. (b) Limitation on other review Any action of the Secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (c) Relationship to other provisions Subtitle B of title II shall not affect the application of this section. 117. Rights-of-way and easements across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act ( 16 U.S.C. 3170 , 3171). (b) Regulations The Secretary shall include in regulations under section 112(g) provisions governing the granting of rights-of-way and easements described in subsection (a). 118. Conveyance Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall— (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 , 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983. II Revocation of Energy-Restricting BLM Lockup A Expedited Shale Leasing of Federal Lands 201. Opening of lands to oil shale leasing (a) Repeal of Limitation on Use of Funds Section 433 of division F of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 2152) is repealed. (b) Issuance of Regulations The Secretary of the Interior shall issue all regulations necessary to implement section 369 of the Energy Policy Act of 2005 ( 42 U.S.C. 15927 ) with respect to oil shale by not later than 60 days after the date of the enactment of this Act. Such regulations shall include such safeguards and assurances as the Secretary considers necessary to allow States to exercise their regulatory and statutory authorities under State law, consistent with otherwise applicable Federal law. (c) Leasing of Oil Shale Resource Immediately after issuing regulations under subsection (b), the Secretary of the Interior shall— (1) offer for leasing for research and development of oil shale resources under subsection (c) of section 369 of the Energy Policy Act of 2005 ( 42 U.S.C. 15927 ), additional 160-acre tracts of lands the Secretary considers necessary to fulfill the research and development objectives of such Act; and (2) offer for leasing for commercial exploration, development, and production of oil shale resources under subsection (e) of such section, public lands in States for which the Secretary finds sufficient support and interest as required by that subsection. B Judicial Review Regarding Energy Projects 211. Definitions In this subtitle: (1) The term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States. (2) The term covered energy project means any action or decision by the President or a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal lands for such leasing, or any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. 212. Jurisdiction over causes and claims relating to covered energy projects Venue for any covered civil action shall lie in the district court where a project or lease tract exists or is proposed. 213. Time for filing complaint All causes and claims arising from a covered energy project must be filed not later than the end of the 90-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. Any cause or claim not filed within that time period shall be barred. 214. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 215. Standard of review In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by clear and convincing evidence contained in the administrative record. 216. Limitation on injunction and prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, a court shall limit the duration of a preliminary injunction to halt a covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such case of an extension, such extension shall only be in a 30-day increment and shall require action by the court to renew the injunction. 217. Limitation on Attorneys’ fees Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. 218. Legal standing Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court. C Permitting reform 221. Purposes The purposes of this subtitle are to— (1) respond to the Nation’s increased need for domestic energy resources; (2) facilitate interagency coordination and cooperation in the processing of permits required to support oil and gas use authorization on Federal lands, both onshore and on the Outer Continental Shelf, in order to achieve greater consistency, certainty, and timeliness in permit processing requirements; (3) promote process streamlining and increased interagency efficiency, including elimination of interagency duplication of effort; (4) improve information sharing among agencies and understanding of respective agency roles and responsibilities; (5) promote coordination with State agencies with expertise and responsibilities related to Federal oil and gas permitting decisions; (6) promote responsible stewardship of Federal oil and gas resources; (7) maintain high standards of safety and environmental protection; and (8) enhance the benefits to Federal permitting already occurring as a result of a coordinated and timely interagency process for oil and gas permit review for certain Federal oil and gas leases. 222. Federal Coordinator (a) Establishment There is established, as an independent agency in the Executive Branch, the Office of the Federal Oil and Gas Permit Coordinator. (b) Federal Permit Coordinator The Office shall be headed by a Federal Permit Coordinator, who shall be appointed by the President within 90 days after the date of enactment of this Act. (c) Duties The Federal Permit Coordinator shall be responsible for the following: (1) Coordinating the timely completion of all permitting activities by Federal agencies, and State agencies to the maximum extent practicable, with respect to any oil and gas project under a Federal lease issued pursuant to the mineral leasing laws, either onshore or on the Outer Continental Shelf, including (for purposes of this subtitle only) any oil shale project under a Federal oil shale lease. (2) Ensuring the compliance of Federal agencies, and State agencies to the extent they participate, with this subtitle. 223. Regional offices and Regional Permit Coordinators (a) Regional offices Within 90 days after the date of appointment of the Federal Permit Coordinator, the Secretary of the Interior, in consultation with the Federal Permit Coordinator, shall establish regional offices to coordinate review of Federal permits for oil and gas projects on Federal lands onshore and on the Outer Continental Shelf. (b) Number and location of regional offices The number of regional offices shall be established by the Secretary in consultation with the Federal Permit Coordinator. The Secretary shall ensure that there is an adequate number of offices in each region proximate to available Federal oil and gas lease tracts onshore and on the Outer Continental Shelf to meet the demands for expeditious permitting in that region. The Secretary shall designate as regional offices under this section all offices established under section 365 of the Energy Policy Act of 2005 ( 42 U.S.C. 15924 ). (c) Memorandum of understanding Within 90 days after the appointment of the Federal Permit Coordinator, the Federal Permit Coordinator, the Secretary, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, the Secretary of Defense, and the head of any other Federal agency with responsibilities related to permitting of Federal oil and gas leases, shall enter into a memorandum of understanding establishing respective duties and responsibilities for staffing the regional offices and accomplishing the objectives of this section. (d) Designation of qualified staff (1) In general Not later than 30 days after the date of signing of the MOU, all Federal signatory agencies shall assign to each regional office the appropriate employees with expertise in the oil and gas permitting issues relating to that office, including, but not limited to, with respect to— (A) consultation and preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); (B) permits under section 404 of Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (F) applications for permits to drill under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and (G) exploration plans and development and production plans under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (2) Preference and incentives To the maximum extent practicable, for purposes of this subsection, Federal agencies shall give preference to employees volunteering for reassignment to the regional offices, and shall offer incentives to attract and retain regional office employees, including, but not limited to, retaining contract employees, rotational assignments, salary incentives of up to 120 percent of an employee’s existing salary immediately prior to reassignment, or any combination of strategies. (e) Duties Each employee assigned under subsection (d) shall— (1) within 90 days after the date of assignment, report to the regional office to which the employee is assigned; (2) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (3) participate as part of the team working on proposed oil and gas projects, planning, and environmental analyses. (f) Creation of and delegation of authority to regional permit coordinators The Federal Permit Coordinator shall appoint a Regional Permit Coordinator to be located within each regional office established under this section, with full authority to act on behalf of the Federal Permit Coordinator. (g) Additional personnel The Federal Permit Coordinator or Regional Permit Coordinators may at any time direct that any Federal agency party to the MOU under subsection (c) assign additional staff required to implement the duties of the regional offices. 224. Reviews and actions of Federal agencies (a) Schedules for timely permit decisionmaking Within 10 days after the date on which the Secretary receives any oil and gas permit application or amended application, the Secretary shall either notify the applicant that the application is complete or notify the applicant that information is missing and specify the information that is required to be submitted for the application to be complete. Within 30 days after notifying a permit applicant that an application is complete, the Secretary, in consultation with the permit applicant as necessary, shall determine and inform the Regional Permit Coordinator responsible for that project area whether the proposed permit is a class I, class II, or class III permit. The Regional Permit Coordinator shall as soon as possible but in no event later than 30 days following the Secretary’s determination establish a binding schedule to ensure the most expeditious possible review and processing of the requested permit, in accordance with this section. (b) Permit classes and schedules (1) Class I permits An oil and gas permit shall be designated as a class I permit under this section if the permitted activity is of a nature that would typically require preparation of an environmental impact statement under NEPA to inform the permitting decision. For such permits, the Regional Permit Coordinator shall establish a schedule for timely completion of all permit reviews and processing, not to exceed 30 months. The Regional Permit Coordinator shall make the schedule publicly available within 10 days after the schedule is established. (2) Class II permits An oil and gas permit shall be designated as a class II permit under this section if the permitted activity is of a nature that would typically be found not to significantly affect the quality of the human environment under NEPA. For such permits, the Regional Permit Coordinator shall establish the most expeditious schedule possible for completion of all permit reviews and processing, not to exceed 90 days. The Regional Permit Coordinator may grant a one-time extension of that schedule, not to exceed 60 days, upon a good cause showing that additional time is necessary to complete permit decisions. Not later than 15 days after establishing or extending any schedule for a class II permit, the Regional Permit Coordinator shall provide the permit applicant with the schedule. (3) Class III permits Notwithstanding paragraphs (1) and (2), an oil and gas permit shall be designated as a class III permit under this section if the permitted activity either qualifies for a statutory or regulatory categorical exclusion under NEPA or if the requirements under NEPA and other applicable law for the permit have been completed within 30 days after the date of a complete application. For such permits, the permit shall be issued within 30 days after the date of a complete application. (4) Reclassification of class II permit If prior to the expiration of the established schedule for a class II permit newly discovered information indicates that the class II permit will significantly affect the quality of the human environment, the Secretary may, in consultation with the permit applicant, reclassify the permit as a class I permit under paragraph (1), and the Regional Coordinator shall establish an amended schedule that complies with the provisions of that paragraph. (c) Reporting The Regional Permit Coordinators shall include data on all schedule timing and compliance in their reports to the Federal Permit Coordinator required under subsection (i), who shall include such data in the report to the President and Congress required under subsection (i). (d) Dispute resolution The Regional Permit Coordinator shall resolve all administrative issues that affect oil and gas permit reviews. The Regional Permit Coordinator shall report jointly to the Federal Permit Coordinator and to the head of the relevant action agency, or his or her designee, for resolution of any issue regarding an oil and gas permit that may result in missing the schedule deadlines established pursuant to subsection (b). The Regional Permit Coordinators shall include data regarding the incidence and resolution of disputes under this subsection in their reports to the Federal Permit Coordinator required under subsection (i), who shall include such reported data and develop recommendations in the report to the President and Congress required under subsection (i). (e) Remedies An applicant for a class I permit may bring a cause of action to seek expedited mandamus review, if a Regional Permit Coordinator or the Secretary fails to— (1) establish a schedule in accordance with subsection (b); (2) enforce and ensure completion of reviews within schedule deadlines; or (3) take all actions as are necessary and proper to avoid jeopardizing the timely completion of the entire schedule. If an agency fails to complete its review of and issue a decision upon a permit within the schedule established by the court, that permit shall be deemed granted to the applicant. (f) Prohibition of certain terms and conditions No Federal agency may include in any permit, right-of-way, or other authorization issued for an oil and gas project subject to the provisions of this subtitle, any term or condition that may be authorized, but is not required, by the provisions of any applicable law, if the Federal Permit Coordinator determines that such term or condition would prevent or impair in any significant respect completion of a permit review within the time schedule established pursuant to subsection (b) or would otherwise impair in any significant respect expeditious oil and gas development. (g) Consolidated record The Federal Permit Coordinator, acting through the appropriate Regional Permit Coordinator, with the cooperation of Federal and State administrative officials and agencies, shall maintain a complete, consolidated record of all decisions made or actions taken by the Federal Permit Coordinator or Regional Permit Coordinator or by any Federal agency with respect to any oil and gas permit. (h) Relationship to NEPA and Energy Policy Act of 2005 (1) Section 390(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(a) ) is amended— (A) by striking rebuttable presumption that the use of a ; and (B) by striking would apply . (2) Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is repealed. (i) Additional powers and responsibilities (1) Regional Permit Coordinator reports The Regional Permit Coordinators shall each submit a report to the Federal Permit Coordinator by December 31 of each year that documents each office’s performance in meeting the objectives under this subtitle, including recommendations to further streamline the permitting process. (2) Redirection of priorities or resources In order to expedite overall permitting activity, the Federal Permit Coordinator may redirect the priority of regional office activities or the allocation of resources among such offices, and shall engage the agencies that are parties to the MOU to the extent such adjustments implicate their respective staffs or resources. (3) Report to congress Beginning 3 years after the date of enactment of this Act, the Federal Permit Coordinator shall prepare and submit a report to the President and Congress by April 15 of each year that outlines the results achieved under this subtitle and makes recommendations to the President and Congress for further improvements in processing oil and gas permits on Federal lands. 225. State coordination The Governor of any State wherein an oil and gas operation may require a Federal permit, or the coastline of which is in immediate geographic proximity to oil and gas operations on the Outer Continental Shelf, may be a signatory to the MOU for purposes of fulfilling any State responsibilities with respect to Federal oil and gas permitting decisions. The Regional Permit Coordinators shall facilitate and coordinate concurrent State reviews of requested permits for oil and gas projects on the Outer Continental Shelf. 226. Savings provision Except as expressly stated, nothing in this subtitle affects— (1) the applicability of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency the employees of which are participating in the implementation of this section. 227. Administrative and judicial review (a) Administrative review Any oil and gas permitting decision for Federal lands onshore or on the Outer Continental Shelf that was issued in accordance with the procedures established by this subtitle shall not be subject to further administrative review within the respective Federal agency responsible for that decision, and shall be the final decision of that agency for purposes of judicial review. (b) Exclusive jurisdiction over permit decisions Only the United States District Court for the District of Columbia shall have original jurisdiction over any civil action for the review of such a permit decision. (c) Limitations on claims Notwithstanding any other provision of law, any action arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for an oil and gas permit subject to this subtitle shall be barred unless it is filed within 90 days after the date of the decision. Nothing in this subtitle creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (d) Filing of record When any civil action is brought pursuant to this subtitle, the Federal Permit Coordinator shall immediately prepare for the court a consolidated record. (e) Expedited review The court shall endeavor to hear and determine any action for judicial review challenging a decision approved pursuant to this section as expeditiously as possible. (f) Expedited mandamus review Notwithstanding subsection (e), within 30 days after the filing of an action challenging or seeking to enforce an established permit review schedule for a class I permit, the court shall issue a decision either compelling permit issuance or sanctioning the delay and establishing a new schedule that enables the most expeditious possible completion of proceedings. In rendering its decision, the court shall review whether the agencies subject to the schedule have been acting in good faith, whether the permit applicant has been cooperating fully with the agencies that are responsible for issuing the requested permits, and any other relevant matters. The court may issue orders to enforce any schedule it establishes under this subsection. (g) No private right of action This subtitle shall not be construed to create any additional right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a person against the United States, its agencies, its officers, or any person. (h) Finality of leasing decisions Notwithstanding the provisions of any law or regulation to the contrary, a decision by the Department of the Interior to issue a Final Notice of Sale and proceed with an oil and gas lease sale pursuant to any mineral leasing law shall not be subject to further administrative review within the Department of the Interior, and shall be the final decision of the agency for purposes of judicial review. 228. Amendments to publication process Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— (1) by amending subsection (c)(2) to read as follows: (2) The Secretary shall publish a proposed leasing program in the Federal Register, and shall submit a copy of such proposed program to the Governor of each affected State, for review and comment. The Governor of a State may solicit comments from those executives of local governments of the State that the Governor, in the Governor’s discretion, determines will be affected by the proposed program. ; (2) by striking subsection (c)(3); and (3) in subsection (d)(2) by inserting final after proposed . 229. Definitions In this subtitle: (1) MOU The term MOU means the memorandum of understanding entered into under section 223(c). (2) NEPA The term NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Secretary The term Secretary means the Secretary of the Interior. III Relief From Regulations and Prohibitions that Cause Artificial Price Increases A Relief from EPA climate change regulations and Federal prohibitions on synthetic fuels 301. Repeal of EPA climate change regulation (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Any hydrofluorocarbon. (F) Any perfluorocarbon. (G) Nitrogen trifluoride. (H) Any other substance subject to regulation, action, or consideration due to the contribution of the substance to climate change. (3) Stationary source The term stationary source has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ). (b) Regulation of greenhouse gases (1) Regulation, action, and consideration for effects other than climate change (A) In general Except as provided in subparagraph (B), the President or the head of a Federal department or agency may not promulgate regulations providing for the control of emissions of a greenhouse gas, enforce or implement any law (including a regulation) enacted or promulgated as of the date of enactment of this Act that provides for the control of emissions of a greenhouse gas, take action relating to or take into consideration the climate effects of emissions of a greenhouse gas, consider climate effects in implementing or enforcing any law (including a regulation), or condition or deny any approval based on climate effects. (B) Exception The limitation under subparagraph (A) does not prohibit— (i) regulation of, action with respect to, or consideration of a greenhouse gas under title VI of the Clean Air Act ( 42 U.S.C. 7671 et seq. ) other than for the potential or actual effect of the greenhouse gas on climate change; or (ii) voluntary incentive programs to promote the development or deployment of technologies that reduce greenhouse gas emissions. (C) Exclusive authority; CAFE regulations; challenges to rules (i) Exclusive authority The authority of the Secretary of Transportation under chapter 329 of title 49, United States Code— (I) does not include any authority with respect to greenhouse gases; and (II) is unaffected by this section. (ii) CAFE regulations Notwithstanding any provision to the contrary in this Act, the requirements set forth in the final rule entitled Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards; Final Rule (75 Fed. Reg. 25324 (May 7, 2010)), and the final rule entitled 2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards (77 Fed. Reg. 62624 (October 15, 2012)), shall remain in effect without further modification or revision. (iii) Challenges to rules Nothing in this paragraph affects— (I) any challenge to the final rule described in clause (ii) that— (aa) as of the date of enactment of this Act, is pending in court; or (bb) is filed after that date of enactment; or (II) any pending or future challenge to any current or future rules promulgated under the authority referred to in clause (i). (D) Certain prior agency actions Except as provided in subparagraph (C), each rule promulgated and action taken by the Administrator before the date of enactment of this Act to regulate greenhouse gases for effects relating to atmospheric concentrations of greenhouse gases (including climate change), shall have no force or effect. (E) Regulation under other provisions (i) In general Neither the regulations referred to in subparagraph (C)(ii) nor any other provision of law (including a regulation) or action relating to greenhouse gases shall— (I) have any impact on the regulation of stationary sources under title I of the Clean Air Act (42 U.S.C. 7401 et seq.); or (II) be considered to be the regulation of pollutants under that Act ( 42 U.S.C. 7401 et seq. ) for any purpose (other than for the regulation of greenhouse gas emissions for light-duty motor vehicles from model years 2012 and later, as required by the rules described in subparagraph (C)(ii)), including for the purpose of issuing permits or establishing regulatory standards. (ii) Requests for waivers Section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) ) is amended by adding at the end the following: (4) Requests for waivers Notwithstanding any other provision of this Act or any other law— (A) no request for a waiver of the application of this section by any State for standards to control emissions of any air pollutant that is a greenhouse gas (as defined in section 301 of the Energy Security and Employment Act) from new motor vehicles or new motor vehicle engines of model year 2017 or later may be granted by the Administrator; and (B) no grant of any waiver by the Administrator before the date of enactment of this paragraph shall be considered by the Administrator, the requesting State, or any court as waiving the application of subsection (a), or any other provision of this section, to standards adopted by the State for control of emissions of any air pollutant that is a greenhouse gas (as defined in section 301 of the Energy Security and Employment Act) from new motor vehicles or new motor vehicle engines of model year 2017 or later. . (F) Impacts on State laws (i) In general Any provision of a State implementation plan designating greenhouse gases as pollutants that are subject to regulation or as regulated pollutants, or otherwise authorizing or requiring limitations on the emission of greenhouse gases under State law— (I) shall not be federally enforceable; (II) shall not be deemed to be Federal law; and (III) shall be deemed to be stricken from the State implementation plan. (ii) Authority of States (I) In general Subject to subclause (II), nothing in this section affects any State law (including a regulation) or the authority of any State to adopt a law or promulgate a regulation. (II) Authority of Administrator Notwithstanding subclause (I), the Administrator shall have no authority to approve or make federally enforceable any provision of a State implementation plan requiring the control of greenhouse gas emissions. (III) Amendment of existing laws If, as a result of the regulations described in subparagraph (D), a State adopted any law (including a regulation) designating greenhouse gases as pollutants that are subject to regulation or as regulated pollutants, or authorizing or requiring limitations on the emission of greenhouse gases under State law, the State may amend the adopted law to remove any restrictions on greenhouse gas emissions. (iii) Federalization of SIP requirements The Administrator shall have no authority to approve or make federally enforceable any provision of a State implementation plan requiring the control of greenhouse gas emissions. (G) Presidential findings and conclusions Except as authorized by this paragraph or another Act of Congress, the President or the head of a Federal department or agency may not examine or make findings or conclusions, for purposes of promulgating or issuing policy, guidance, or regulations to address the impacts of greenhouse gas emissions on climate change. (H) Judicial review (i) In general In addition to any other remedies available, any person affected by a regulation, action, or consideration concerning the control of emissions of a greenhouse gas that fails to meet the criteria described in subparagraph (A) may challenge the regulation, action, or consideration. (ii) Jurisdiction The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over any review of any Federal, State, or other regulation, action, or consideration challenged under clause (i). (2) Actions at law No cause of action, whether based on common law or civil tort (including nuisance) or any other legal or equitable theory, may be brought or maintained, and no liability, money damages, or injunctive relief arising from such an action may be imposed, for— (A) any potential or actual contribution of a greenhouse gas to climate change; or (B) any direct or indirect effect of potential or actual atmospheric concentrations of a greenhouse gas. (3) Allowances No State shall have authority— (A) to require any entity to procure, hold, or surrender allowances for the emission of greenhouse gases that takes place outside of the State; or (B) to otherwise— (i) regulate or tax, directly or indirectly, greenhouse gas emissions produced outside of the State; or (ii) to otherwise limit the importation of products or electricity into the State based on greenhouse gas emissions occurring outside the State. 302. Repeal of Federal ban on synthetic fuels purchasing requirement Section 526 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17142 ) is repealed. 303. Elimination of boutique fuels (a) Elimination of Multiple Fuels Section 211(c)(4) of the Clean Air Act ( 42 U.S.C. 7545(c)(4) ) is amended to read as follows: (4) After the date of the enactment of the Energy Security and Employment Act no State (or political subdivision thereof) may prescribe or attempt to enforce any control or prohibition respecting any characteristic or component of a fuel or fuel additive in a motor vehicle or motor vehicle engine. Any such control or prohibition adopted before such date of enactment shall cease to have any force and effect on the date that is 3 years after such date of enactment. . (b) Conventional Gasoline Section 211(k) of the Clean Air Act ( 42 U.S.C. 7545(k) ) is amended to read as follows: (k) Conventional Gasoline Required Throughout Entire Nation The Administrator shall promulgate regulations under this subsection requiring that all gasoline sold or introduced into commerce in the United States (except the noncontiguous States and territories) after the date that is 3 years after the date of the enactment of the Energy Security and Employment Act for use in a motor vehicle or motor vehicle engine be conventional gasoline. As used in this section, the term conventional gasoline means a single blend of gasoline identified in regulations of the Administrator with a uniform chemical composition in all regions of the country that is identical to the chemical composition of the gasoline most widely sold in the United States before the date of the enactment of the Energy Security and Employment Act in areas other than nonattainment areas. . (c) Oxygenated Fuels Subsection (m) of section 211 of the Clean Air Act (42 U.S.C. 7545) is repealed. B Refinery reform 311. Refinery permitting process (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Expansion The term expansion means a physical change that results in an increase in the capacity of a refinery. (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (4) Permit The term permit means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain— (A) under any Federal law; or (B) from a State or Indian tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits. (5) Refiner The term refiner means a person that— (A) owns or operates a refinery; or (B) seeks to become an owner or operator of a refinery. (6) Refinery (A) In general The term refinery means— (i) a facility at which crude oil is refined into transportation fuel or other petroleum products; or (ii) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel. (B) Inclusions The term refinery includes an expansion of a refinery. (7) Refinery permitting agreement The term refinery permitting agreement means an agreement entered into between the Administrator and a State or Indian tribe under subsection (b). (8) Secretary The term Secretary means the Secretary of Commerce. (9) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Streamlining of refinery permitting process (1) In general At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic interdisciplinary multimedia approach as provided in this section. (2) Authority of Administrator Under a refinery permitting agreement the Administrator shall have authority, as applicable and necessary, to— (A) accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery; (B) in consultation and cooperation with each Federal, State, or Indian tribal government agency that is required to make any determination to authorize the issuance of a permit, establish a schedule under which each agency shall— (i) concurrently consider, to the maximum extent practicable, each determination to be made; and (ii) complete each step in the permitting process; and (C) issue a consolidated permit that combines all permits issued under the schedule established under subparagraph (B). (3) Agreement by the State Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that— (A) the Administrator shall have each of the authorities described in paragraph (2); and (B) each State or Indian tribal government agency shall— (i) in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and (ii) comply, to the maximum extent practicable, with the applicable schedule established under paragraph (2)(B). (4) Deadlines (A) New refineries In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (i) 360 days after the date of the receipt of the administratively complete application for the consolidated permit; or (ii) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline established under clause (i). (B) Expansion of existing refineries In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (i) 120 days after the date of the receipt of the administratively complete application for the consolidated permit; or (ii) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline established under clause (i). (5) Federal agencies Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under paragraph (2)(B). (6) Judicial review Any civil action for review of any permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located. (7) Efficient permit review In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle. (8) Severability If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before any deadline established under paragraph (4), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain other than any permits that are not approved. (9) Savings Nothing in this subsection affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a refinery. (10) Consultation with local governments Congress encourages the Administrator, States, and tribal governments to consult, to the maximum extent practicable, with local governments in carrying out this subsection. (11) Effect on local authority Nothing in this subsection affects— (A) the authority of a local government with respect to the issuance of permits; or (B) any requirement or ordinance of a local government (such as a zoning regulation). (c) Fischer-Tropsch fuel (1) In general In cooperation with the Secretary of Energy, the Secretary of Defense, the Administrator of the Federal Aviation Administration, the Secretary of Health and Human Services, and Fischer-Tropsch industry representatives, the Administrator shall— (A) conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel; (B) evaluate the use of ultra-clean Fischer-Tropsch transportation fuel as a mechanism for reducing engine exhaust emissions; and (C) submit recommendations to Congress on the most effective use and associated benefits of this ultra-clean fuel for reducing public exposure to exhaust emissions. (2) Guidance and technical support The Administrator shall, to the extent necessary, issue any guidance or technical support documents that would facilitate the effective use and associated benefit of Fischer-Tropsch fuel and blends. (3) Requirements The program described in paragraph (1) shall consider— (A) the use of neat (100 percent) Fischer-Tropsch fuel and blends with conventional crude oil-derived fuel for heavy-duty and light-duty diesel engines and the aviation sector; and (B) the production costs associated with domestic production of this ultra-clean fuel and prices for consumers. (4) Reports The Administrator shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives— (A) not later than 1 year after the date of enactment of this Act, an interim report on actions taken to carry out this subsection; and (B) not later than 2 years after the date of enactment of this Act, a final report on actions taken to carry out this subsection. 312. Existing refinery permit application deadline Notwithstanding any other provision of law, applications for a permit for existing refinery applications shall not be considered to be timely if submitted after 120 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3033ih/xml/BILLS-113hr3033ih.xml

113-hr-3034

I 113th CONGRESS 1st Session H. R. 3034 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Loebsack (for himself, Mr. Braley of Iowa , Mr. Cooper , Mr. Andrews , and Mr. Israel ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a National Flood Research and Education Center to provide research, data, and recommendations on physical science, social science, economic analysis, policy analysis, risk analysis, monitoring, predicting, and planning as they relate to flooding and flood related issues. 1. Short title This Act may be cited as the National Flood Research and Education Center Act . 2. National Flood Research and Education Center establishment and purpose (a) Establishment There is established within the National Oceanic and Atmospheric Administration a National Flood Research and Education Center (in this Act referred to as NFREC ) which shall consist of— (1) an office within the National Oceanic and Atmospheric Administration; (2) one public university or college selected by the Administrator of the National Oceanic and Atmospheric Administration (in this Act referred to as the Administrator ), which shall serve as the lead partner institution with the National Oceanic and Atmospheric Administration; and (3) a consortium of other public universities or colleges selected by the Administrator and the lead partner institution based on their ability to fulfill specific purposes of NFREC. (b) Purposes The purposes of NFREC are as follows: (1) To plan, conduct, and arrange for competent public research, data, education, and recommendations within the following categories as they relate to flooding issues nationwide, regionally, and locally: (A) Physical sciences, including engineering, hydrology, environmental, and atmospheric sciences, of flooding and flood-related events. (B) Social science of flooding and flood-related events focused on increasing community resilience. (C) Economic analysis of flooding and flood-related events in addition to analysis of a variety of existing and new strategies and techniques to reduce, manage, and prevent flooding and flood-related events. (D) Policy analysis and recommendations on flooding-related policy on a Federal, State, and local governmental basis. (E) Risk analysis and risk management of flooding and flood-related events. (F) Improvement of existing, and testing of new, risk assessment tools, methods, and models for flooding and flood risks used by Federal, State, and local governments and other interested organizations. (G) Improvement of existing, and testing of new, monitoring and predicting strategies and techniques of flooding and flood-related events. (H) Improvement of existing, and testing of new, flood management and prevention strategies and techniques. (2) To carry out this Act within a variety of regions in the United States which are identified and categorized by NFREC based on their specific flooding and flood-related issues, hydrology, weather, and related issues so that diverse flood situations are represented and examined through NFREC’s work. (3) To identify opportunities for increased efficiency in allocation of resources, coordination, cooperation, and consolidation of efforts as they relate to local, Statewide, regional, and Federal flood-related efforts with respect to NFREC’s purposes. (4) To develop or improve undergraduate and graduate degree programs and other programs at the consortium-member public universities and colleges to advance the entry of new talent into flooding-related fields. (5) To collaborate with other colleges and universities in the region that have demonstrated capability for research, information dissemination, and graduate training in order to develop regional networks that are knowledgeable on regional flooding issues. 3. Consortium selection and collaboration (a) Selection of the lead partner institution The Administrator, within 180 days after the date of enactment of this Act, shall select the lead partner institution described in section 2(a)(2). The Administrator shall select a public university or college which— (1) has demonstrated and proven expertise in physical and environmental science, flooding, hydraulic research, hydroscience, engineering, and meteorological issues; (2) is located in a State which frequently experiences inland flooding; (3) has previously partnered with, or received funds from, Federal and international agencies for flooding, hydrology, and watershed issues, including the Army Corps of Engineers, the United States Geological Survey, the National Oceanic and Atmospheric Administration, the Department of Agriculture, the Federal Emergency Management Agency, the National Science Foundation, the Department of Housing and Urban Development, and the United Nations Educational, Scientific, and Cultural Organization; (4) has the capacity to develop and submit a plan on how it will operate as the lead partner institution, the type of research, activities, and collaboration it would undertake, and how it would incorporate its previous work on issues related to the purposes of NFREC into its new mission as the lead partner institution; (5) can demonstrate an ability to take the leading role of coordinating and fulfilling the purposes of NFREC; (6) can demonstrate an ability to provide technical assistance and demonstration project management and oversight both of grantees demonstration projects and of demonstration projects initiated through consortium members; (7) can demonstrate an ability to incorporate NFREC work into undergraduate and graduate educational programs within the public university or college; and (8) can demonstrate an ability to contribute the required non-Federal matching funding to maintain a lead partner institution center. (b) Selection of consortium members The Administrator, in partnership with the lead partner institution, shall select, within 90 days after the selection of the lead partner institution, additional universities and colleges to participate in a consortium through criteria as determined by the Administrator and the lead partner institution which shall, among other criteria determined by the Administrator and lead partner institution, prioritize institutions that— (1) have a focus or expertise in at least one of the categories described in section 2(b)(1); (2) have the ability to plan, conduct, and arrange for competent public research, data, education, and recommendations as they relate to flooding in diverse regions of the United States identified and in the categories described in section 2(b)(1) and meet the purposes of NFREC; (3) can demonstrate an ability to provide technical assistance and demonstration project management and oversight; (4) can demonstrate an ability to incorporate NFREC work in to into undergraduate and graduate educational programs within the university or college; and (5) can demonstrate an ability to contribute the required non-Federal matching funding to maintain a consortium member center. (c) Consortium partnerships The member institutions of NFREC shall partner for the purposes of this Act in the following ways: (1) NOAA Partnership The National Oceanic and Atmospheric Administration shall partner directly with the lead partner institution for the purposes of NFREC. (2) Lead Partner Institution Partnership The lead partner institution shall partner directly with the National Oceanic and Atmospheric Administration and the consortium members for the purposes of NFREC. (3) Consortium Member Partnership The consortium members shall partner with the lead partner institution for the purposes of NFREC. 4. Partnerships and collaboration with Federal, regional, State, and local governments and organizations (a) Partnerships NFREC shall partner with the United States Geological Survey and the Army Corps of Engineers for the purposes of this Act. (b) Collaboration NFREC shall— (1) collaborate on Federal flood-related issues with Federal agencies such as the Federal Emergency Management Agency, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Science Foundation, and the Department of Agriculture; (2) collaborate and share best practices on regional, State, and locally specific flooding and flood-related issues with— (A) State, county, and local governments; (B) local councils of governments or regional planning organizations; (C) State agriculture, natural resource, environment, economic development, and water agencies; (D) floodplain managers; (E) State Homeland Security personnel, county disaster recovery coordinators, emergency management personnel, and first responders; (F) resource conservation and development councils; (G) watershed organizations and boards; (H) agriculture and commodity organizations and farmers; (I) environmental organizations; and (J) business and development organizations; and (3) explore opportunities to collaborate, when appropriate, on Federal flood-related issues with other Federal agencies such as the Bureau of Reclamation, the Tennessee Valley Authority, the Bureau of Land Management, the National Park Service, the Bureau of Indian Affairs, the Public Health Administration, the National Science Foundation, the Department of Defense, the Department of the Interior, the Department of Housing and Urban Development, and various national laboratories. 5. Information collection and dissemination (a) NOAA (1) Annual report The Administrator shall publish annually a report containing the activities, partnerships and collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information from the consortium members, and shall provide each report to Congress and the President and make it available to the public in an easily accessible electronic format on the National Oceanic and Atmospheric Administration’s website. (2) Review of reports from consortium members The Administrator shall review the reports from the consortium members to ensure that funds are being spent properly according to the purposes of this Act and that the consortium members are producing competent public research, data, education, and recommendations in regard to flooding and flood-related issues. (3) Review of consortium operations The Administrator shall periodically review the operation of consortium members to ensure that funds are being spent properly according to the purposes of this Act and that the consortium members are producing competent public research, data, education, and recommendations in regard to flooding and flood-related issues. (b) Lead partner institution (1) Compilation of annual consortium member reports The lead partner institution shall compile annually reports from consortium members, along with its own report, containing the activities, partnerships and collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information from consortium members, and shall provide this information to the Administrator annually by a date determined by the Administrator. (2) Annual lead partner institution report In addition, the lead partner institution shall publish annually a report specific to its activities, partnerships and collaborations, State and local policy recommendations, previous and continuing budgets, findings, and other applicable information by a date determined by the Administrator which shall also be made available to the public in an easily accessible electronic format on the lead partner institution’s website. (c) Consortium members The consortium members shall each publish annually a report containing the activities, partnerships and collaborations, State and local policy recommendations, previous and continuing budgets, findings, and other applicable information by a date determined by the lead partner institution which shall also be made available to the public in an easily accessible electronic format on the consortium members’ websites. (d) National flood research and education center website NFREC shall establish a website which shall contain at least the following information: (1) Key findings and best practices. (2) Collaborations and partnerships. (3) Annual reports and other pertinent information on its purposes. (4) The location and contact information for the consortium members. (5) Federal, State, local, and regionally specific public research, data, education, and policy recommendations which shall be updated in a timely manner with new information. (6) The variety of regions in the United States which are identified and categorized by NFREC, based on their specific flooding and flood-related issues, hydrology, weather, and related issues. (7) Approved demonstration projects and their progress in addition to information on applying for demonstration project assistance. (8) Tools for monitoring, predicting, and modeling flooding as they become available. 6. Technical assistance and demonstration projects (a) Technical assistance and demonstration projects NFREC may provide technical assistance and demonstration project grant assistance to eligible entities on a competitive basis to assist with implementing recommendations of NFREC or testing new or improved strategies or technologies for the categories described in section 2(b)(1). (b) Eligible Entities The following are eligible entities for purposes of this section: (1) State governments. (2) County governments. (3) Local governments. (c) Technical Assistance Consortium members may provide technical assistance at their discretion to eligible entities that have limited capacity for developing an application for demonstration project grants. Consortium members may also provide technical assistance at their discretion in implementing demonstration projects approved by the Administrator. (d) Competitive Criteria The Administrator, in partnership with the lead partner institution, shall develop criteria required for submitting a competitive demonstration project grant application and for the approval of such an application. (e) Eligible Activities Grantees may use funds only for flooding-related projects which implement recommendations of NFREC or for testing of— (1) improved existing and or new risk analysis and risk management of flooding and flood-related events; (2) improved existing and or new risk assessment tools, methods, and models for flooding and flood risks used by Federal, State, and local governments and other interested organizations; (3) improved existing and or new monitoring and predicting strategies and techniques of flooding and flood related events; or (4) improved existing and or new flood management and prevention strategies and techniques. (f) Subcontracting Eligible entities may subcontract a portion of grant funds received for necessary construction-related costs to pursue an eligible activity. (g) Applications (1) Consortium review and approval Within 60 days of receiving a completed application, the consortium member in whose region the project will take place and the lead partner institution shall review and approve or disapprove the application. (2) Administrator approval Within 30 days of receiving an application that has been approved by the applicable consortium members, the Administrator shall determine whether to provide the project final approval. (h) Grant Size (1) In general Demonstration project grant awards under this section shall not exceed $250,000 per project. (2) Waiver of grant size limitation The Administrator may waive such grant size limitation if— (A) all consortium members approve of such a waiver; (B) the eligible entity has the expertise, or will work with partners that have the expertise, to manage the proposed project; and (C) the eligible entity can show that a project involves multiple watersheds or jurisdictions, benefits multiple communities, has broad community support, and incorporates multiple aspects of NFREC’s work in the project. (i) Matching Funds Entities receiving a demonstration project grant under this section shall be required to provide a 30 percent non-Federal cost share. (j) Total Demonstration Project Grant Amount Available There shall be not more than $2,000,000 available annually for demonstration project grants under this section nationwide. (k) Monitoring and Reporting For a demonstration project that receives a grant under this section, the applicable regional consortium member shall monitor the effectiveness, efficiency, and progress of the project and report on these factors and their involvement periodically to the lead partner institution. The applicable regional consortium member shall make this information available through its website and additionally provide this information in its annual reports. 7. Authorization of appropriations (a) In general For each of the fiscal years 2014 through 2019, there are authorized for NFREC, $10,000,000, of which— (1) not more than $2,000,000 each fiscal year shall be for the operation of the National Oceanic and Atmospheric Administration’s center; and (2) not more than $3,000,000 each fiscal year shall be for the operation of the lead partner institution’s center, matched by a 20 percent non-Federal cost share. (b) Additional Authorization (1) Lead partner institution There are authorized such sums as may be necessary for the lead partner institution to improve its facilities to a level that meets the requirements of the role of lead partner institution. (2) Plan Before the lead partner institution receives any funding under this subsection, a plan detailing what type of facility construction or improvements will take place must first be approved by the Administrator. Such plan shall include any land acquisition, engineering, design, and staffing and equipment needs, in addition to other information as required by the Administrator. (3) Non-Federal cost share There shall be a non-Federal cost share of 20 percent for facility improvement or construction projects pursued by the lead partner institution. (4) Wage rate requirements Any authorized and funded construction activity shall meet Federal prevailing wage requirements as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ). (c) Consortium Member Centers (1) In general Not more than $3,000,000 each fiscal year shall be for the operation of all consortium members’ centers, matched by a 20 percent non-Federal cost share. (2) Limitation Any one consortium member shall not receive more than $500,000 in Federal funds in one fiscal year. (d) Grants Not more than $2,000,000 each fiscal year shall be made available for demonstration project grants nationwide.

https://www.govinfo.gov/content/pkg/BILLS-113hr3034ih/xml/BILLS-113hr3034ih.xml

113-hr-3035

I 113th CONGRESS 1st Session H. R. 3035 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. Lofgren (for herself, Mr. Chaffetz , Mr. Conyers , Mr. Nadler , Mr. Farenthold , Ms. DelBene , Mr. Poe of Texas , Mr. Polis , Mr. Amash , and Mr. Massie ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) and 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 permit periodic public reporting by electronic communications providers and remote computer service providers of certain estimates pertaining to requests or demands by Federal agencies under the provisions of certain surveillance laws where disclosure of such estimates is, or may be, otherwise prohibited by law. 1. Short title This Act may be cited as the Surveillance Order Reporting Act of 2013 . 2. Reporting FISA orders and national security letters (a) In general Each electronic service provider may report information to the public in accordance with this section about requests and demands for information made by any Government entity under a surveillance law, and is exempt in accordance with subsection (d) from liability with respect to that report, even if such provider would otherwise be prohibited by a surveillance law from reporting that information. (b) Periodic aggregate reports An electronic service provider may report such information not more often than quarterly and only to the following extent: (1) Estimate of numbers of demands and requests made The report may reveal an estimate of the number of such demands and requests made during the period to which the report pertains. (2) Estimate of numbers of demands and requests complied with The report may reveal an estimate of the numbers of such demands and requests the service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made. (3) Estimate of number of users or accounts The report may reveal an estimate of the numbers of users or accounts, or both, of the service provider, for which information was demanded, requested, or provided during the period to which the report pertains. (c) Special rules for reports (1) Level of detail by authorizing surveillance law Any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws. (2) Level of detail by numerical range Each estimate disclosed under this section must be expressed in no greater detail than in a range of 100, rounded to the nearest 100s. (3) Report may be broken down by periods not less than calendar quarters For any reporting period, the provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter. (d) Limitation on liability A electronic service provider making a report that provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making that report. (e) Rule of construction Nothing in this section shall be construed to prohibit disclosures other than those authorized by this section. (f) Definitions In this section: (1) The term electronic service provider means an electronic communications service provider (as that term is defined in section 2510 of title 18, United States Code) or a remote computing service provider (as that term is defined in section 2711 of title 18, United States Code). (2) The term surveillance law means any provision of any of the following: (A) The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (B) Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 436(a) ). (C) Section 2709 of title 18, United States Code. (D) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). (E) Subsections (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). (F) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3035ih/xml/BILLS-113hr3035ih.xml

113-hr-3036

I 113th CONGRESS 1st Session H. R. 3036 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Luetkemeyer (for himself and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to specify when bank holding companies may be subject to certain enhanced supervision, and for other purposes. 1. Short title This Act may be cited as the Systemic Risk Designation Improvement Act of 2013 . 2. Table of contents The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. ) is amended by striking the item relating to section 113 and inserting the following: Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies. . 3. Revisions to council authority (a) Purposes and duties Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5322 ) is amended in subsection (a)(2)(I) by inserting before the semicolon , which have been the subject of a final determination under section 113 . (b) Bank holding company designation Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5323 ) is amended— (1) by amending the heading for such section to read as follows: Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies ; (2) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (3) by inserting after subsection (b) the following: (c) Bank holding companies subject to enhanced supervision and prudential standards under section 165 (1) Determination The Council, on a nondelegable basis and by a vote of not fewer than 2⁄3 of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165, if the Council determines that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. (2) Considerations In making a determination under paragraph (1), the Council shall use an indicator-based measurement approach, and consider— (A) the size of the bank holding company; (B) the interconnectedness of the bank holding company; (C) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; (D) the global cross-jurisdictional activity of the bank holding company; and (E) the complexity of the bank holding company. ; (4) in subsection (d), as so redesignated— (A) in paragraph (1)(A), by striking subsection (a)(2) or (b)(2) and inserting subsection (a)(2), (b)(2), or (c)(2) ; and (B) in paragraph (4), by striking Subsections (d) through (h) and inserting Subsections (e) through (i) ; (5) in subsections (e), (f), (g), (h), (i), and (j)— (A) by striking subsections (a) and (b) each place such term appears and inserting subsections (a), (b), and (c) ; and (B) by striking nonbank financial company each place such term appears and inserting bank holding company for which there has been a determination under subsection (c) or nonbank financial company ; (6) in subsection (g), as so redesignated, by striking subsection (e) and inserting subsection (f) ; (7) in subsection (h), as so redesignated, by striking subsection (a), (b), or (c) and inserting subsection (a), (b), (c), or (d) ; and (8) in subsection (i), as so redesignated, by striking subsection (d)(2), (e)(3), or (f)(5) and inserting subsection (e)(2), (f)(3), or (g)(5) . (c) Enhanced supervision Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5325 ) is amended— (1) in subsection (a)(1), by striking large, interconnected bank holding companies and inserting bank holding companies which have been the subject of a final determination under section 113 ; (2) in subsection (a)(2)— (A) in subparagraph (A), by striking or at the end; (B) by striking the Council may and all that follows through differentiate and inserting the Council may differentiate ; and (C) by striking subparagraph (B); and (3) in subsection (b)(3), by striking subsections (a) and (b) of section 113 each place such term appears and inserting subsections (a), (b), and (c) of section 113 . (d) Reports Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5326(a) ) is amended by striking with total consolidated assets of $50,000,000,000 or greater and inserting which has been the subject of a final determination under section 113 . (e) Mitigation Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5331 ) is amended— (1) in subsection (a), by striking with total consolidated assets of $50,000,000,000 or more and inserting which has been the subject of a final determination under section 113 ; and (2) in subsection (c), by striking subsection (a) or (b) of section 113 and inserting subsection (a), (b), or (c) of section 113 . (f) Office of financial research Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5345 ) is amended in subsection (d) by striking with total consolidated assets of 50,000,000,000 or greater and inserting which have been the subject of a final determination under section 113 . 4. Revisions to Board authority (a) Acquisitions Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5363 ) is amended by striking with total consolidated assets equal to or greater than $50,000,000,000 each place such term appears and inserting which has been the subject of a final determination under section 113 . (b) Management interlocks Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5364 ) is amended by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been the subject of a final determination under section 113 . (c) Enhanced supervision and prudential standards Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is amended— (1) in subsection (a), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which have been the subject of a final determination under section 113 ; (2) in subsection (a)(2)— (A) by striking (A) In general.— ; and (B) by striking subparagraph (B); (3) by striking subsections (a) and (b) of section 113 each place such term appears and inserting subsections (a), (b), and (c) of section 113 ; and (4) in subsection (j), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been the subject of a final determination under section 113 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3036ih/xml/BILLS-113hr3036ih.xml

113-hr-3037

I 113th CONGRESS 1st Session H. R. 3037 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mrs. Lummis (for herself, Mr. Gosar , Mr. Conaway , Mr. Coffman , Mr. Franks of Arizona , Mr. Smith of Nebraska , Mr. Nunes , Mr. Simpson , Mr. Duncan of South Carolina , Mr. Stewart , Mr. Tipton , Mr. Walden , Mr. Chaffetz , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, and for other purposes. 1. Short title This Act may be cited as the Government Litigation Savings Act . 2. Modification of equal access to justice provisions (a) Agency proceedings Section 504 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)—— (i) by inserting after the first sentence the following: Fees and other expenses may be awarded under this subsection only to a prevailing party who has a direct and personal interest in the adversary adjudication because of medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses incurred in defense of the adjudication, interest in a policy concerning such medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses, or otherwise. ; and (ii) by adding at the end the following: The agency conducting the adversary adjudication shall make any party against whom the adjudication is brought, at the time the adjudication is commenced, aware of the provisions of this section. ; and (B) in paragraph (3), in the first sentence— (i) by striking may reduce and inserting shall reduce ; and (ii) by striking unduly and unreasonably and inserting unduly or unreasonably ; (2) in subsection (b)(1)— (A) in subparagraph (A)(ii), by striking $125 per hour and all that follows through the end and inserting $200 per hour.); ; and (B) in subparagraph (B)(ii), by striking ; except that and all that follows through section 601; and inserting except that— (I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and (II) for purposes of subclause (I)— (aa) a parent entity of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and (bb) a subsidiary of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party; ; (3) in subsection (c)(1), by striking , United States Code ; and (4) by adding at the end the following new subsection: (g) The Director of the Office of Management and Budget shall adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for the fiscal year beginning October 1, 2015, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor. . (b) Court cases Section 2412(d) of title 28, United States Code, is amended— (1) by amending paragraph (1)(A) to read as follows: (A) Except as otherwise specifically provided by statute, a court, in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, shall award to a prevailing party (other than the United States) fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in the civil action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Fees and other expenses may be awarded under this paragraph only to a prevailing party who has a direct and personal interest in the civil action because of medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses incurred in defense of the civil action, interest in a policy concerning such medical costs, property damage, determination of benefits, unpaid disbursement, fees and other expenses, or otherwise. ; (2) in paragraph (1)(C)— (A) by striking court, in its discretion, may and inserting court shall ; and (B) by striking unduly and unreasonably and inserting unduly or unreasonably ; (3) in paragraph (2)— (A) in subparagraph (A)(ii), by striking $125 and all that follows through the end and inserting $200 per hour.); ; (B) in subparagraph (B)(ii), by striking ; except that and all that follows through section 601 of Title 5; and inserting except that— (I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and (II) for purposes of subclause (I)— (aa) a parent entity of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and (bb) a subsidiary of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party; ; and (4) by adding at the end the following: (5) The Director of the Office of Management and Budget shall adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the fiscal year beginning October 1, 2015, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor. . (c) Clerical amendments Section 2412 of title 28, United States Code, is amended— (1) in subsection (d)(3), by striking United States Code, ; and (2) in subsection (e)— (A) by striking of section 2412 of title 28, United States Code, and inserting of this section ; and (B) by striking of such title and inserting of this title . (d) Effective date (1) In general Subject to paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) Applicability of certain amendments The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made under section 504 of title 5, United States Code, or section 2412(d) of title 28, United States Code, on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3037ih/xml/BILLS-113hr3037ih.xml

113-hr-3038

I 113th CONGRESS 1st Session H. R. 3038 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. McCarthy of California (for himself and Mr. Posey ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To streamline the process of commercial space launch licensing and to establish demonstration projects involving the use of experimental aircraft in direct and indirect support of commercial space launch activities. 1. Short title This Act may be cited as the Suborbital and Orbital Advancement and Regulatory Streamlining Act or the SOARS Act . 2. Commercial space launch licensing Chapter 509 of title 51, United States Code, is amended— (1) by amending section 50902(6)(A) to read as follows: (A) activities involved in the preparation of a launch vehicle or element thereof, payload, crew (including crew training), or space flight participant (including space flight participant training) for launch; and ; (2) by amending section 50904(d) to read as follows: (d) Single license or permit The Secretary of Transportation— (1) shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew or space flight participants, including launch and reentry; (2) may authorize by license or permit flight of a launch or reentry vehicle, or element thereof, in support of a launch or reentry, even when the vehicle or element is not being launched or reentered; and (3) shall ensure that all Department of Transportation regulations relevant to the licensed or permitted activity are satisfied under a single license or permit. ; and (3) in section 50906— (A) in subsection (e), by striking suborbital rocket design and inserting suborbital rocket or rocket design ; and (B) by amending subsection (g) to read as follows: (g) A permit may be issued, and a permit that has already been issued shall remain valid for the uses described in subsection (d), for a particular reusable suborbital rocket or rocket design after a license has been issued for the launch or reentry of a rocket of that design. . 3. Demonstration project (a) Establishment The Secretary of Transportation shall establish and implement, under the Office of Commercial Space Transportation, a demonstration project under chapter 509 of title 51, United States Code, to evaluate the benefits of using experimental aircraft for both the direct and indirect support of commercial space launch and reentry activities. (b) Duration and scope (1) Duration Beginning not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall conduct the demonstration project for a period of not less than 3 years. (2) Scope (A) In general The Secretary of Transportation shall enroll not less than 8 commercial businesses involved in direct and indirect support of commercial space launch activities, with at least 1 business designated for each Department of Transportation-licensed commercial space launch facility. (B) Types of activities Such commercial space launch support activities may include revenue-producing activities and the use of former military aircraft or vehicles designated as experimental by the Department of Transportation. (C) Redeployment After a period of 6 months from the beginning of the demonstration program, the Secretary of Transportation shall determine if there are any Department of Transportation-licensed launch facilities that do not have a commercial company participating with them in the demonstration project and shall redeploy that demonstration allocation to any other licensed launch facilities that are interested in expanding their participation to a second (or more) demonstration project company. (3) Liability coverage During the period of the demonstration program, liability of participating commercial businesses for damages resulting from participation in the demonstration program shall be limited to actual losses incurred. (4) Payment There will be no fees charged by the Department of Transportation to either licensed launch facilities or commercial businesses participating in this demonstration project. (5) Waiver authority The Secretary of Transportation may waive such requirements or limitations of chapter 509 of title 51, United States Code, as may be necessary to carry out the demonstration project. (6) Study and report to Congress (A) Interim evaluation and report No sooner than 1 year and not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report that contains an interim evaluation of the positive and negative impact of the demonstration project on the United States commercial space transportation industry, any planned changes to the demonstration project, and an initial assessment of whether the duration of the demonstration project should be extended. (B) Further evaluation and report Not later than 6 months after the date of completion of the demonstration project or 2 years after the most recent prior report, the Secretary of Transportation shall submit to Congress a report that contains the following: (i) An updated evaluation of the impact of the demonstration project on the United States commercial space transportation industry. (ii) An analysis of the benefits and costs of continuing, restarting, expanding, or making permanent the demonstration project, including any proposed changes to the project. (iii) The Secretary’s recommendation regarding continuing, restarting, expanding, or making permanent the demonstration project, based on the analysis under clause (ii). (iv) Options for Congress to provide any additional legislative or regulatory authority which may be required to implement clause (iii). (7) Temporary extensions If, at any time after the first two years of the demonstration project, the Secretary’s most recent report to Congress has stated that the demonstration project is succeeding in advancing the purposes of chapter 509 of title 51, United States Code, and that the duration of the demonstration project should be extended, then the Secretary is authorized to extend the project for a period of up to two years per extension, without restriction, effective 30 days after written notification to the Congress of the extension. (c) Definitions In this section: (1) Demonstration project The term demonstration project means the demonstration project conducted under this section. (2) Indirect support of commercial space launch activities The term indirect support of commercial space launch activities shall include pilot, crew, and passenger evaluation, preparation, and training, payload testing and preparation, and any other activities deemed necessary by the commercial space launch company participating in the demonstration project to prepare for, or execute, a commercial suborbital or orbital launch.

https://www.govinfo.gov/content/pkg/BILLS-113hr3038ih/xml/BILLS-113hr3038ih.xml

113-hr-3039

I 113th CONGRESS 1st Session H. R. 3039 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. McDermott (for himself, Mr. Moran , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to require that the Secretary of the Treasury provide a Tax Receipt to each taxpayer who files a Federal income tax return. 1. Short title This Act may be cited as the Taxpayer Receipt Act of 2013 . 2. Provision of taxpayer receipt (a) In general Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: 7529. Taxpayer receipt (a) In general Not later than the end of the first fiscal quarter of the first fiscal year which begins after the 1-year period beginning on the date of the enactment of this section, and annually thereafter, the Secretary shall provide via United States mail a Tax Receipt to each taxpayer (other than a trust, estate, partnership, or corporation) who made a return with respect to income taxes under chapter 1 for the preceding taxable year and for whom a current mailing address can be determined through such methods as the Secretary determines to be appropriate. (b) Tax Receipt For purposes of this section, each Tax Receipt shall— (1) state the amount of taxes paid by the filer (even if $0), the filer’s filing status, earned income, and taxable income, the filer’s tax bracket expressed as a percentage, the average amount of tax paid by taxpayers in the filer’s tax bracket, and a summary of current tax brackets, (2) contain a table listing— (A) each of the spending categories described in subsection (c) , (B) with respect to each spending category described in subsection (c) — (i) the total Federal outlays for the fiscal year ending in the preceding taxable year, the dollar amount of each such category, and each such category’s percentage of the total Federal outlays, (ii) the ratio (expressed as a percentage) which bears the same percentage of the taxpayer’s income tax liability for the preceding taxable year to such category as the ratio that such category bears to the total of the spending categories described in subsection (c) for the fiscal year ending in the preceding taxable year, (iii) the proportional amount (expressed in dollars) of the taxpayer’s income tax liability spent on that category, and (iv) the percentage change the results under clauses (ii) and (iii) are from the preceding year (expressed in positives and negatives), (3) contain a table listing— (A) the 10 most costly tax expenditures (determined for the fiscal year ending in the preceding taxable year), (B) the cost (expressed in dollars) of each such tax expenditure, and (C) a clear and brief description of each such tax expenditure that best enables the recipient to understand the tax expenditure’s purpose and function, (4) include any additional information or summaries that will help the recipient best understand how their individual taxes are spent, providing context for the current government tax structure, and the budgetary situation of the United Sates, (5) contain the annual budget review described in subsection (e) , and (6) be not more than 4 pages in length. (c) Spending category (1) In general A spending category referred to in this subsection is one of the following: (A) Administration of Justice. (B) Agriculture. (C) Allowances. (D) Commerce and Housing Credit. (E) Community and Regional Development. (F) Education, Training, Employment, and Social Services. (G) Energy. (H) General Government. (I) General Science, Space, and Technology. (J) Health. (K) Income Security. (L) International Affairs. (M) Medicare. (N) National Defense. (O) Natural Resources and Environment. (P) Net Interest. (Q) Social Security. (R) Transportation. (S) Undistributed Offsetting Receipts. (T) Veterans Benefits and Services. (2) Rules relating to appropriate spending categories For purposes of paragraph (1)— (A) the spending categories for the table described in subsection (b)(2) shall be listed in order of cost, with the greatest expense stated first, and (B) each spending category shall have a one sentence, general description of the programs, projects, and activities comprising that spending category. (d) Tax expenditures For purposes of this section, the term tax expenditure shall have the meaning given such term by section 3(3) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 ). (e) Annual Budget Review The annual budget review described in this subsection with respect to a fiscal year shall use the budget projections prepared by the Congressional Budget Office and shall include— (1) an estimate of total Federal receipts, outlays, deficit, and debt for the current fiscal year, (2) actual Federal receipts, outlays, deficit, and debt for the preceding 5 fiscal years, (3) projections of Federal receipts, outlays, deficit, and debt for the succeeding 10 fiscal years, (4) level of Federal debt in total amount and as a percentage of gross domestic product for the fiscal year, the 10 preceding fiscal years, and the 10 succeeding fiscal years, and (5) additional information to help the recipient understand the Federal budget and government spending, including government spending on mandatory, defense discretionary, nondefense discretionary, and interest categories. (f) Rule relating to nonresident aliens Subsection (a) shall not apply to an individual who is a nonresident alien (within the meaning of section 7701(b)(1)(B)). . (b) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Taxpayer receipt. . (c) Effective date The amendments made by this section shall apply to returns for taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3039ih/xml/BILLS-113hr3039ih.xml

113-hr-3040

I 113th CONGRESS 1st Session H. R. 3040 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Michaud (for himself and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for the minimum size of crews of freight trains, and for other purposes. 1. Short title This Act may be cited as the Safe Freight Act . 2. Freight train crew size (a) Amendment Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new section: 20168. Freight train crew size Effective 30 days after the date of enactment of the Safe Freight Act , no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least 2 individuals, one of whom is certified under regulations promulgated by the Federal Railroad Administration as a locomotive engineer pursuant to section 20135, and the other of whom is certified under regulations promulgated by the Federal Railroad Administration as a conductor pursuant to section 20163. . (b) Table of sections amendment The table of sections for chapter 201 of title 49, United States Code, is amended by adding at the end the following new item: 20168. Freight train crew size. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3040ih/xml/BILLS-113hr3040ih.xml

113-hr-3041

I 113th CONGRESS 1st Session H. R. 3041 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Murphy of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent the Internal Revenue Service from unnecessarily seizing protected health information. 1. Short title This Act may be cited as the IRS Health Records Privacy Act of 2013 . 2. Limitation in inspection of protected health information (a) In general Except to the extent provided in section 7608(d) of the Internal Revenue Code of 1986 (as added by this Act), in administering and enforcing the internal revenue laws and the Patient Protection and Affordable Care Act, no officer or employee of the Department of the Treasury may inspect the protected health information of any individual. (b) Protected health information For purposes of this subsection, the term protected health information has the meaning given such term in section 160.103 of title 45, Code of Federal Regulation. (c) Criminal and civil penalties Any willful inspection in violation of subsection (a) shall be treated as an unauthorized inspection of return information for purposes of section 7213A of the Internal Revenue Code of 1986, and any knowing inspection (or by reason of negligence) in violation of subsection (a) shall be treated as an unauthorized inspection of return information for purposes of section 7431 of such Code. (d) Notification of inspection In the case of any inspection of an individual’s protected health information in violation of subsection (a), the Secretary of the Treasury shall, as soon as practicable, notify the individual of such inspection. 3. Limitations on access to protected health information (a) In general Section 7608 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Limitations on access to protected health information (1) In general No protected health information may be examined or seized in the execution of a warrant under this section except to the extent such health information directly relates to a criminal violation of the internal revenue laws with respect to which the warrant was issued and is specified therein. In executing any such warrant, the Secretary shall take such steps as are necessary to minimize inadvertent access or seizure of protected health information. (2) Protected health information For purposes of this subsection, the term protected health information has the meaning given such term in section 160.103 of title 45, Code of Federal Regulation. . (b) Effective date The amendment made by this section shall apply to warrants executed after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3041ih/xml/BILLS-113hr3041ih.xml

113-hr-3042

I 113th CONGRESS 1st Session H. R. 3042 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Murphy of Pennsylvania 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 prohibit the use of the social cost of carbon in any regulatory impact analysis until a Federal law is enacted authorizing such use. 1. Short title This Act may be cited as the Taking Hold of Regulations to Increase Vital Employment In Energy Act . 2. Prohibition on use of social cost of carbon in analysis (a) In general Notwithstanding any other provision of law or any executive order, no Federal agency may use the social cost of carbon in order to incorporate any social benefits of reducing carbon dioxide emissions in any regulatory impact analysis unless and until a Federal law is enacted authorizing such use. (b) Definition In this section, the term social cost of carbon means the social cost of carbon as described in the technical support document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.

https://www.govinfo.gov/content/pkg/BILLS-113hr3042ih/xml/BILLS-113hr3042ih.xml

113-hr-3043

I 113th CONGRESS 1st Session H. R. 3043 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Nunes (for himself, Ms. Jenkins , Mr. Kind , Mr. Gerlach , Mr. Reichert , Mr. Boustany , Mr. Cole , Ms. Moore , Ms. DelBene , Mr. Cárdenas , Mr. Kilmer , Mr. Valadao , Ms. McCollum , Mr. Mullin , and Mr. Gosar ) 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 the treatment of general welfare benefits provided by Indian tribes. 1. Short title This Act may be cited as the Tribal General Welfare Exclusion Act of 2013 . 2. Indian general welfare benefits (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139E. Indian general welfare benefits (a) In general Gross income does not include the value of any Indian general welfare benefit. (b) Indian general welfare benefit For purposes of this section, the term Indian general welfare benefit includes any payment made or services provided to or on behalf of a member of an Indian tribe (or any spouse or dependent of such a member) pursuant to an Indian tribal government program, but only if— (1) the program is administered under specified guidelines and does not discriminate in favor of members of the governing body of the tribe, and (2) the benefits provided under such program— (A) are available to any tribal member who meets such guidelines, (B) are for the promotion of general welfare, (C) are not lavish or extravagant, and (D) are not compensation for services. (c) Definitions and special rules For purposes of this section— (1) Indian tribal government For purposes of this section, the term Indian tribal government includes any agencies or instrumentalities of an Indian tribal government and any Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 , et seq.). (2) Dependent The term dependent has the meaning given such term by section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B). (3) Lavish or extravagant The Secretary shall, in consultation with the Tribal Advisory Committee (as established under section 3(a) of the Tribal General Welfare Exclusion Act of 2013), establish guidelines for what constitutes lavish or extravagant benefits with respect to Indian tribal government programs. (4) Establishment of tribal government program A program shall not fail to be treated as an Indian tribal government program solely by reason of the program being established by tribal custom or government practice. (5) Ceremonial activities Any items of cultural significance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of tribal culture shall not be treated as compensation for services. . (b) Conforming amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139E. Indian general welfare benefits. . (c) Statutory construction Ambiguities in section 139E of such Code, as added by this Act, shall be resolved in favor of Indian tribal governments and deference shall be given to Indian tribal governments for the programs administered and authorized by the tribe to benefit the general welfare of the tribal community. (d) Effective date (1) In general The amendments made by this section shall apply to taxable years for which the period of limitation on refund or credit under section 6511 of the Internal Revenue Code of 1986 has not expired. (2) One-year waiver of statute of limitations If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period. 3. Tribal Advisory Committee (a) Establishment The Secretary of the Treasury shall establish a Tribal Advisory Committee (hereinafter in this subsection referred to as the Committee ). (b) Duties (1) Implementation The Committee shall advise the Secretary on matters relating to the taxation of Indians. (2) Education and training The Secretary shall, in consultation with the Committee, establish and require— (A) training and education for internal revenue field agents who administer and enforce internal revenue laws with respect to Indian tribes on Federal Indian law and the Federal Government’s unique legal treaty and trust relationship with Indian tribal governments, and (B) training of such internal revenue field agents, and provision of training and technical assistance to tribal financial officers, about implementation of this Act and the amendments made thereby. (c) Membership (1) In general The Committee shall be composed of 7 members appointed as follows: (A) Three members appointed by the Secretary of the Treasury. (B) One member appointed by the Chairman, and one member appointed by the Ranking Member, of the Committee on Ways and Means of the House of Representatives. (C) One member appointed by the Chairman, and one member appointed by the Ranking Member, of the Committee on Finance of the Senate. (2) Term (A) In general Except as provided in subparagraph (B), each member’s term shall be 4 years. (B) Initial staggering The first appointments made by the Secretary under paragraph (1)(A) shall be for a term of 2 years. 4. Other relief for Indian tribes (a) Temporary suspension of examinations The Secretary of the Treasury shall suspend all audits and examinations of Indian tribal governments and members of Indian tribes (or any spouse or dependent of such a member), to the extent such an audit or examination relates to the exclusion of a payment or benefit from an Indian tribal government under the general welfare exclusion, until the education and training prescribed by section 3(b)(2) of this Act is completed. The running of any period of limitations under section 6501 of the Internal Revenue Code of 1986 with respect to Indian tribal governments and members of Indian tribes shall be suspended during the period during which audits and examinations are suspended under the preceding sentence. (b) Waiver of penalties and interest The Secretary of the Treasury may waive any interest and penalties imposed under such Code on any Indian tribal government or member of an Indian tribe (or any spouse or dependent of such a member) to the extent such interest and penalties relate to excluding a payment or benefit from gross income under the general welfare exclusion. (c) Definitions For purposes of this subsection— (1) Indian tribal government The term Indian tribal government shall have the meaning given such term by section 139E of such Code, as added by this Act. (2) Indian tribe The term Indian tribe shall have the meaning given such term by section 45A(c)(6) of such Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr3043ih/xml/BILLS-113hr3043ih.xml

113-hr-3044

I 113th CONGRESS 1st Session H. R. 3044 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Nunnelee (for himself, Mr. Harper , Mr. Palazzo , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To approve the transfer of Yellow Creek Port properties in Iuka, Mississippi. 1. TRANSFER OF YELLOW CREEK PORT PROPERTIES In accordance with section 4(k) of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831c(k) ), Congress approves the conveyance by the Tennessee Valley Authority, on behalf of the United States, to the State of Mississippi of the Yellow Creek Port properties owned by the United States and in the custody of the Authority at Iuka, Mississippi, as of the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3044ih/xml/BILLS-113hr3044ih.xml

113-hr-3045

I 113th CONGRESS 1st Session H. R. 3045 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. O’Rourke (for himself, Mr. Coffman , Mr. Walz , Mr. Stewart , Ms. Gabbard , Mr. Ruiz , Mr. Blumenauer , Mr. Conyers , Mr. Sablan , Mr. Gallego , Mr. Rooney , Mr. Enyart , and Mr. Michaud ) 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 provides each member of the Armed Forces, before the member separates from the Armed Forces, with an electronic copy of the medical records of the member and a physical examination. 1. Transmittal of electronic medical records to separating members of the Armed Forces (a) In general Section 1142 of title 10, United States Code, is amended— (1) in subsection (c)— (A) by striking In the case and inserting (1) In the case ; (B) by adding at the end the following new paragraph: (2) (A) The Secretary concerned shall provide to each member of the armed forces who is scheduled to be separated from the armed forces a copy of the medical records of the member (including the results of a Physical Evaluation Board or any other physical examination) in an electronic format. (B) To the extent practicable, the Secretary concerned shall ensure that medical records provided to a member of the National Guard under subparagraph (A) include medical records that are— (i) in connection with the service of the member in the National Guard, maintained by the Governor of the State, Commonwealth, territory, or possession of the United States, or in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia; and (ii) provided to the Secretary for purposes of such subparagraph. ; and (C) in the heading by striking to Department of Veterans Affairs ; and (2) in the heading by striking to Department of Veterans Affairs . (b) Clerical amendment The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1142 and inserting the following: 1142. Preseparation counseling; transmittal of medical records . 2. Mandatory physical examinations of separating members of the Armed Forces Section 1145 of title 10, United States Code, is amended— (1) in subsection (a)(5)— (A) by striking (A) The Secretary and inserting The Secretary ; (B) by inserting comprehensive after undergo a ; and (C) by striking subparagraph (B); and (2) by adding at the end the following new subsection: (f) Mandatory physical examinations for members not otherwise covered by this section (1) The Secretary concerned shall provide a comprehensive physical examination pursuant to subsection (a)(5) to each member of the armed forces who is scheduled to be separated from the armed forces and does not otherwise receive such an examination under such subsection. (2) 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). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3045ih/xml/BILLS-113hr3045ih.xml

113-hr-3046

I 113th CONGRESS 1st Session H. R. 3046 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Pallone 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 expand and simplify the credit for employee health insurance expenses of small employers. 1. Short title This Act may be cited as the Small Business Health Care Tax Credit Improvement Act of 2013 . 2. Expansion and simplification of credit for employee health insurance expenses of small employers (a) Increase in maximum number of eligible full-Time employees Subparagraph (A) of section 45R(d)(1) of the Internal Revenue Code of 1986 is amended by striking 25 full-time equivalent employees and inserting 50 full-time equivalent employees . (b) Modification of phaseout of credit amount (1) In general Subsection (c) of section 45R of such Code is amended to read as follows: (c) Phaseout of credit amount based on number of employees and average wages (1) In general The amount of the credit determined under subsection (b) shall be adjusted by multiplying— (A) the amount determined under subsection (b), by (B) the product of the amount determined under paragraph (2) and the amount determined under paragraph (3). (2) Employee adjustment The amount determined under this paragraph is a fraction (not more than 1) the numerator of which is the number by which the total number of full-time equivalent employees of the eligible employer is less than 50 and the denominator of which is 30. (3) Wages adjustment The amount determined under this paragraph is a fraction (not more than 1) the numerator of which is the amount by which the average annual wages of the eligible employer is less than twice the dollar amount in effect under subsection (d)(3)(B) and the denominator of which is such dollar amount. . (2) Conforming amendments (A) Subsection (a) of section 45R of such Code is amended by inserting , as adjusted under subsection (c) after the amount determined under subsection (b) . (B) Subsection (b) of section 45R of such Code is amended by striking Subject to subsection (c), the and inserting The . (C) Subparagraph (B) of section 45R(d)(3) of such Code is amended by striking subsection (c)(2) and inserting subsection (c)(3) . (c) Average annual wage limitation increase (1) 2012 and 2013 Clause (i) of section 45R(d)(3)(B) of such Code is amended to read as follows: (i) 2010, 2011, 2012, and 2013 The dollar amount in effect under this paragraph is— (I) for taxable years beginning in 2010, 2011, or 2012, $25,000, and (II) for taxable years beginning in 2013, $28,500. . (2) Subsequent years Clause (ii) of section 45R(d)(3)(B) of such Code is amended by striking $25,000 and inserting $28,500 . (d) Repeal of uniformity requirement for contributions Paragraph (4) of section 45R(d) of such Code is amended— (1) by striking in an amount equal to a uniform percentage (not less than 50 percent) of the premium cost of the qualified health plan , and (2) by inserting (in an amount not less than 50 percent of the premium cost of the qualified health plan) after nonelective contribution . (e) Repeal of limitation based on state average premiums (1) In general Subsection (b) of section 45R of such Code is amended to read as follows: (b) Health insurance credit amount Subject to subsection (c), the amount determined under this subsection with respect to any eligible small employer is equal to 50 percent (35 percent in the case of a tax-exempt eligible small employer) of the aggregate amount of nonelective contributions the employer made on behalf of its employees during the taxable year under the arrangement described in subsection (d)(4) for premiums for qualified health plans offered by the employer to its employees through an Exchange. . (2) Conforming amendment Paragraph (2) of section 45R(g) of such Code is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (f) 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-113hr3046ih/xml/BILLS-113hr3046ih.xml

113-hr-3047

I 113th CONGRESS 1st Session H. R. 3047 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Pocan introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize borrowers of loans under the William D. Ford Federal Direct Loan Program to modify the interest rate of such loans to be equal to the interest rate for such loans at the time of modification. 1. Borrower modification of interest rates under the William D. Ford Federal Direct Loan Program Section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b) ) is amended by adding at the end the following new paragraph: (10) Borrower modification of interest rate (A) Modification Notwithstanding the preceding paragraphs of this subsection, the borrower of a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan may elect to modify the interest rate of the loan to be equal to the interest rate that would be applicable to such loan if such loan were first disbursed (or in the case of a Federal Direct Consolidation Loan, first applied for) on the date on which such borrower elects to modify the interest rate of such loan. (B) Fixed rate Except as provided in subparagraph (C), an interest rate elected under subparagraph (A) for a loan shall be fixed for the life of the loan. (C) Continuing authority to modify A borrower may elect to modify the interest rate of a loan in accordance with subparagraph (A) at any time during the life of the loan. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3047ih/xml/BILLS-113hr3047ih.xml

113-hr-3048

I 113th CONGRESS 1st Session H. R. 3048 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Reed introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to conduct a study of economically beneficial uses of the rights-of-way associated with certain highways, and for other purposes. 1. Short title This Act may be cited as the Maximize Our Highways Act of 2013 . 2. Study of economically beneficial uses of the rights-of-way associated with certain highways (a) Study The Secretary of Transportation shall conduct a study of economically beneficial uses of the rights-of-way associated with highways constructed with Federal assistance, which shall include— (1) the identification of economically beneficial activities that may be carried out with respect to those rights-of-way to ensure that— (A) those rights-of-way are used in the most economically beneficial manner compatible with transportation purposes; and (B) economic underutilization of those rights-of-way is minimized to the extent possible; (2) an analysis of the costs and benefits, including with respect to safety, of carrying out the economically beneficial activities identified under paragraph (1); (3) an analysis of barriers to carrying out the economically beneficial activities identified under paragraph (1); and (4) an analysis of the revenue that may be generated by carrying out the economically beneficial activities identified under paragraph (1) and how that revenue may be used to support transportation infrastructure. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress and make available to States a report on the results of the study conducted under subsection (a), which shall include legislative recommendations based on the results.

https://www.govinfo.gov/content/pkg/BILLS-113hr3048ih/xml/BILLS-113hr3048ih.xml

113-hr-3049

I 113th CONGRESS 1st Session H. R. 3049 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Rooney (for himself, Mr. Carter , Mr. Griffin of Arkansas , Mr. Williams , Mr. Wolf , and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To treat members of the Armed Forces who were killed or wounded in the November 5, 2009, attack at Fort Hood, Texas, or the June 1, 2009, attack at Little Rock, Arkansas, as if the members were awarded the Purple Heart, to clarify the eligibility of such members for combat-related special compensation, and for other purposes. 1. Short title This Act may be cited as the Justice for Fort Hood and Little Rock Heroes Act . 2. Treatment of members of the Armed Forces who were killed or wounded in the November 5, 2009, attack at Fort Hood, Texas, or the June 1, 2009, attack at Little Rock, Arkansas (a) Treatment For purposes of all applicable Federal laws, regulations, and policies, an individual who, while a member of the Armed Forces, was killed or wounded in a covered attack shall be treated as if the individual has been awarded a Purple Heart as of the date of the enactment of this Act. (b) Combat-Related special compensation An individual who, while a member of the Armed Forces, was wounded in a covered attack shall be treated as an eligible combat-related disabled uniformed services retiree under subsection (c) of section 1413a of title 10, United States Code, for purposes of determining the eligibility of the individual for combat-related special compensation paid under such section. (c) Exception Subsections (a) and (b) shall not apply to an individual whose death or wound as described in such subsection is the result of the willful misconduct of the individual. (d) Sense of Congress Congress encourages each State and local government to treat an individual described in subsection (a) as eligible for any benefits provided by the State or local government to individuals by reason of the individual being killed or wounded while serving in the line of duty as a member of the Armed Forces. (e) Covered attack defined In this section, the term covered attack means the following: (1) The attack that occurred at Fort Hood, Texas, on November 5, 2009. (2) The attack that occurred at a recruiting station in Little Rock, Arkansas, on June 1, 2009.

https://www.govinfo.gov/content/pkg/BILLS-113hr3049ih/xml/BILLS-113hr3049ih.xml

113-hr-3050

I 113th CONGRESS 1st Session H. R. 3050 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. Linda T. Sánchez of California (for herself, Ms. Norton , Ms. Schwartz , Mr. Higgins , Mr. Brady of Pennsylvania , Mr. Himes , Mr. Moran , Ms. Hanabusa , Mr. Grijalva , Ms. Schakowsky , Ms. Chu , Ms. Tsongas , Ms. DeGette , Mr. Ellison , Mrs. Capps , Mrs. Carolyn B. Maloney of New York , Mr. Schiff , Mr. Quigley , Ms. Lee of California , Mr. Capuano , Ms. Pingree of Maine , Mr. Langevin , Ms. Wasserman Schultz , Ms. Castor of Florida , Ms. Kuster , Mr. Serrano , Mr. Hastings of Florida , Ms. Lofgren , Mr. Smith of Washington , Mr. Honda , Mr. DeFazio , Mr. Holt , Mr. O’Rourke , Mrs. Davis of California , Mr. Takano , Mr. Swalwell of California , Mr. Cicilline , Mr. Polis , Mr. McGovern , Mr. Welch , Mr. Deutch , Mr. Levin , Mr. Bishop of New York , Mr. Clay , Mr. Lowenthal , Mr. Vargas , Ms. Hahn , Mr. Farr , Ms. Speier , Ms. Eshoo , Mr. Pocan , Mr. Johnson of Georgia , Mr. Cartwright , Mr. Huffman , Mr. Larson of Connecticut , Ms. Esty , Mr. Cárdenas , Mr. Schneider , Mr. Keating , Mr. Israel , Ms. Brownley of California , Mr. Conyers , Mr. Pascrell , Mr. Lewis , Ms. Moore , Mr. Pallone , Ms. Bonamici , Mr. Michaud , Ms. DeLauro , Ms. Matsui , Mr. George Miller of California , Ms. Sinema , Ms. Wilson of Florida , Ms. McCollum , Mr. Tonko , Mr. Perlmutter , Mr. Kennedy , Mr. Rangel , Mr. Murphy of Florida , Mr. Engel , Mr. Lynch , Mrs. Napolitano , Mr. Waxman , Mr. Doyle , Mr. Hinojosa , Ms. Shea-Porter , Mr. Peters of California , Ms. Michelle Lujan Grisham of New Mexico , Ms. Titus , Ms. Velázquez , Mr. Blumenauer , Ms. Clarke , Mr. Sarbanes , Mr. Dingell , Ms. Roybal-Allard , Mr. Ryan of Ohio , Mr. Yarmuth , Ms. Frankel of Florida , Ms. Duckworth , Mr. Veasey , Mr. Al Green of Texas , Mr. Garamendi , Mr. Grayson , Mr. Meeks , Mr. McDermott , Mr. Kilmer , Mr. Rush , Mr. Neal , and Mr. Foster ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to benefits under such title. 1. Short title This Act may be cited as the Social Security Equality Act of 2013 . 2. Treatment of permanent partnerships under title II of the Social Security Act (a) In general Section 216 of the Social Security Act ( 42 U.S.C. 416 ) is amended by adding at the end the following new subsection: (m) Permanent partnership (1) Notwithstanding any other provision of this title and under regulations of the Commissioner of Social Security prescribed as required under paragraph (3): (A) In any case in which the Commissioner determines, in connection with the application by (or on behalf of) an individual for a benefit under this title, that a current or former marriage between the applicant and another individual, or between 2 other individuals, is a prerequisite for entitlement of the applicant to such benefit and the application designates, for treatment as such a marriage for purposes of such application, an arrangement between 2 individuals of the same gender— (i) if the Commissioner determines that such arrangement is (or was) a permanent partnership within the meaning of paragraph (2), such arrangement shall be treated for purposes of this title as a marriage of such individuals; and (ii) each female party to such arrangement shall be treated as a wife with respect to such arrangement (referencing the other party as such individual’s spouse in connection with such arrangement) and each male party to such arrangement shall be treated as a husband with respect to such arrangement (referencing the other party as such individual’s spouse in connection with such arrangement). (B) An arrangement between individuals of the same gender shall be treated as a former marriage under subparagraph (A) in connection with an application for benefits under this title only if the Commissioner determines that such arrangement has been dissolved under the laws of the State of domicile of the applicant. In any case in which the Commissioner determines that such an arrangement has been so dissolved— (i) the dissolution of such arrangement shall be treated as a divorce with respect to such arrangement; and (ii) each female individual who was a party to such arrangement shall be treated as a divorced wife with respect to such arrangement (referencing the other party as such individual’s divorced spouse in connection with such arrangement) and each male individual who was a party to such arrangement shall be treated as a divorced husband with respect to such arrangement (referencing the other party as the applicant’s divorced spouse in connection with such arrangement). (C) In any case in which the Commissioner determines that, after an individual entitled to a monthly insurance benefit under section 202 became so entitled, such individual and another individual of the same gender have entered into an arrangement that constitutes a permanent partnership, such arrangement shall be treated as a marriage of such individuals for purposes of any provision of such section providing for termination of such entitlement upon marriage or remarriage. (D) Upon receipt by the Commissioner of an application by (or on behalf of) an individual for a benefit under this title containing certification by (or on behalf of) the applicant, submitted in such form and manner as shall be prescribed in such regulations, that the applicant is a stepchild or adopted child of an individual who is or was a party to an arrangement consisting of a permanent partnership, if such arrangement is treated as a marriage under subparagraph (A) and, under the laws of the domicile of the applicant, the applicant is, at the time of such application, treated as a stepchild or adopted child of such party to such arrangement, the applicant shall be treated as such a stepchild or adopted child of such party (referencing such party as a parent of the applicant). (E) Upon receipt by the Commissioner of an application by (or on behalf of) an individual for a benefit under this title containing certification by (or on behalf of) the applicant, submitted in such form and manner as shall be prescribed in such regulations, that the applicant is or was a party to an arrangement consisting of a permanent partnership and that the applicant is a parent of an individual who is a stepchild or adopted child of the applicant with respect to such arrangement, if such arrangement is treated as a marriage under subparagraph (A) and, under the laws of the domicile of the applicant, the applicant is, at the time of such application, treated as a parent of such individual with respect to such arrangement, the applicant shall be treated as such a parent of such individual (referencing such individual as a stepchild or adopted child of the applicant). (2) For purposes of this subsection, the term permanent partnership means, in connection with any individual, a committed, intimate arrangement which is between such individual and another individual who have both attained 18 years of age and which has been recognized and certified as legally valid by the State of domicile of the applicant, in any case in which— (A) each such individual intends a lifelong commitment to the other; (B) such individuals are financially interdependent; (C) such individuals are unable to contract with each other a marriage cognizable under this title (other than as provided in this subsection); (D) each such individual is not a first, second, or third degree blood relation of the other individual; and (E) each such individual is neither married (within the meaning of this title other than as provided in this subsection) to, nor in a relationship described in the preceding provisions of this paragraph with, any third individual. (3) The Commissioner shall prescribe such regulations as are necessary to carry out the provisions of this subsection. In prescribing such regulations, the Commissioner shall take into account the laws of the State of domicile of an applicant for benefits under this title so as to ensure that such provisions, together with the other provisions of this title as applied in accordance with this subsection, are appropriately coordinated with each other and with the laws of such State. . (b) Effective date The amendment made by this section shall apply with respect to monthly insurance benefits for months after November 2013 for which applications are filed after December 31, 2013, and with respect to lump-sum death payments in connection with deaths occurring after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3050ih/xml/BILLS-113hr3050ih.xml

113-hr-3051

I 113th CONGRESS 1st Session H. R. 3051 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Sanford introduced the following bill; which was referred to the Committee on the Judiciary , 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 extend State jurisdiction over submerged lands and to allow States to grant oil and natural gas leases in the extended area. 1. Short title This Act may be cited as the Coastal States Extension Act of 2013 . 2. Findings The Congress finds as follows: (1) In Executive Proclamation 5928, issued on December 27, 1988, the President extended the boundaries of the territorial sea of the United States from 3 nautical miles to 12 nautical miles in accordance with international law. However, the Proclamation did not adequately address the effect of the extension on the territorial jurisdiction of the States. (2) The coastal States have, with few exceptions, jurisdiction over the land, air, water, and resources within their boundaries, which in most cases extend out into the oceans 3 nautical miles. (3) The Great Lake States have jurisdiction over the land, air, water, and resources of their offshore areas up to the border with Canada, which can range from 11 to 80 nautical miles from the coast line. (4) Some Gulf of Mexico States have jurisdiction over the land, air, water, and resources of their offshore areas out to 10.4 nautical miles from their coast line. (5) The coastal States— (A) have consistently demonstrated an ability to manage ocean resources within their jurisdiction in a manner consistent with the interests of both the Nation and the coastal States; (B) have demonstrated both experience and skill at balancing protection, conservation, and utilization of the living and nonliving resources of the ocean; and (C) are better equipped than the Federal Government, in terms of fiscal resources and administrative abilities, to manage oil and natural gas resources within 12 nautical miles of their coast line. 3. Extension of state jurisdiction over submerged lands The Submerged Lands Act is amended— (1) in section 2(a)(2) ( 43 U.S.C. 1301(a)(2) ) by striking out three geographical miles the first place it appears and all that follows through beyond three geographical miles, and inserting 12 nautical miles distant from the coast line of each such State; ; (2) in section 2(b) ( 43 U.S.C. 1301(b) )— (A) by striking out they existed and all that follows through extended or and inserting in lieu thereof approved and ; and (B) by striking out three geographical and all that follows through Mexico and inserting 12 nautical miles or, in the case of the Great Lakes, farther than to the international boundary ; and (3) in section 4 ( 43 U.S.C. 1312 )— (A) in the first sentence— (i) by striking out original coastal State and inserting coastal State admitted to the Union before the date of enactment of the Coastal States Extension Act of 2013 ; and (ii) by striking out three geographical and inserting 12 nautical ; and (B) in the second sentence by striking formation and all that follows through the end of the section and inserting date of enactment of the Coastal States Extension Act of 2013 may assert its seaward boundaries to a line 12 nautical miles distant from its coast line. . 4. Disposition of certain oil and natural gas leases in state submerged lands (a) In general Any oil lease and natural gas lease executed by the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 and following) that is in effect on the date of the enactment of this Act covering an area within lands transferred to States under section 3 shall remain in full force and effect until it expires pursuant to its terms or is cancelled pursuant to the Outer Continental Shelf Lands Act. Subject to subsection (b), upon the expiration or cancellation of such a lease, the State in whose territory the leased area is situated shall have the authority to grant oil and natural leases in such area. (b) Prohibition on use of lease proceeds for coastal zone development A State may not grant a lease in the area transferred to the State under that section until the Secretary of Commerce determines that the State has an approved program or is making satisfactory progress in developing a program under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 ). (c) Definitions As used in this section— (1) the term lease has the meaning given that term in section 2(c) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331(c) ); and (2) the term coastal zone has the meaning given that term in section 304(1) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453(1) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3051ih/xml/BILLS-113hr3051ih.xml

113-hr-3052

I 113th CONGRESS 1st Session H. R. 3052 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Schweikert introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Oversight and Government Reform , Financial Services , 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 require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached, to require the sale of Federal assets, and for other purposes. 1. Short title This Act may be cited as the Debt Ceiling Alternative Act . 2. Ensuring the Government does not default on its debt obligations (a) In general If the Department of the Treasury issues a marketable borrowing estimate for a quarter that estimates that the debt of the United States, as defined in section 3101 of title 31, United States Code, will reach the statutory limit during such quarter, the President shall ensure that the aggregate of the amounts deposited in the Treasury from the sale of assets described under subsection (b) and the disposal of real property pursuant to subchapter VII of chapter 5 of subtitle I of title 40, United States Code, and the amount of any recision of unobligated balances pursuant to section 5, is sufficient to prevent the debt of the United States from reaching such statutory limit during such quarter. (b) Authority To sell assets For purposes of subsection (a), the President may order the sale of the following assets, with the proceeds from such sales deposited in the Treasury: (1) On-balance sheet non-performing mortgages of the Federal National Mortgage Association. (2) Other mortgages owned or held by the Federal National Mortgage Association. (3) Real estate owned properties of the Federal National Mortgage Association. (4) On-balance sheet non-performing mortgages of the Federal Home Loan Mortgage Corporation. (5) Other mortgages owned or held by the Federal Home Loan Mortgage Corporation. (6) Real estate owned properties of the Federal Home Loan Mortgage Corporation. (7) Mortgage-backed securities held by the Board of Governors of the Federal Reserve System or any Federal reserve bank. (c) Use of funds Any funds realized through this Act must be used for the retirement of old debt and issuance of new debt. 3. Disposal of real property (a) In general Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: VII EXPEDITED DISPOSAL OF REAL PROPERTY 621. Definitions In this subchapter: (1) Director The term Director means the Director of the Office of Management and Budget. (2) Expedited disposal of real property The term expedited disposal of real property means a demolition of real property or a sale of real property for cash that is conducted under the requirements of section 545. (3) Landholding agency The term landholding agency has the meaning given that term under section 501(i)(3) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411(i)(3) ). (4) Real property (A) In general The term real property means— (i) a parcel of real property under the administrative jurisdiction of the Federal Government that is— (I) excess; (II) surplus; (III) underperforming; or (IV) otherwise not meeting the needs of the Federal Government, as determined by the Director; and (ii) a building or other structure located on real property described under clause (i). (B) Exclusion The term real property excludes any parcel of real property or building or other structure located on such real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). (5) Representative of the homeless The term representative of the homeless has the meaning given that term under section 501(i)(4) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411(i)(4) ). 622. Pilot program (a) Establishment The Director of the Office of Management and Budget shall conduct a pilot program, to be known as the Federal Real Property Disposal Pilot Program , under which real property that is not meeting Federal Government needs may be disposed of in accordance with this subchapter. (b) Termination The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter. 623. Selection of real properties (a) Agency recommendation of properties The head of each executive agency shall recommend candidate disposition real properties to the Director for participation in the pilot program established under section 622. (b) Selection of properties The Director, with the concurrence of the head of the executive agency concerned and consistent with the criteria established in this subchapter, may then select such candidate real properties for participation in the pilot program and notify the recommending agency accordingly. (c) Website required The Director shall ensure that all real properties selected for disposition under this section are listed on a website that shall— (1) be updated routinely; and (2) include the functionality to allow members of the public, at their option, to receive such updates through electronic mail. (d) Notification of pilot program The Secretary of Housing and Urban Development shall ensure that efforts are taken to inform representatives of the homeless about— (1) the pilot program established under section 622; and (2) the website under subsection (c). (e) Availability of information The Secretary of Housing and Urban Development shall— (1) make available to the public upon request all information (other than valuation information), regardless of format, in the possession of the Department of Housing and Urban Development relating to the properties listed on the website under subsection (c), including environmental assessment data; and (2) maintain a current list of agency contacts for making referrals to inquiries for information relating to specific properties. 624. Suitability determination (a) Suitability of property To assist the homeless After the Director selects the candidate real properties that may participate in the pilot program under section 623, the Secretary of Housing and Urban Development shall determine whether each such real property is suitable for use to assist the homeless. (b) Suitability determination requirements The Secretary of Housing and Urban Development shall base the suitability determination required under subsection (a)— (1) on the suitability criteria identified by the Secretary of Housing and Urban Development under section 501(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(a)); (2) for real properties located within a Federal installation, campus, or compound, on whether such property can easily be transported to an off-site location; and (3) for real properties where the predominant use is other than housing, on whether the size of the real property is equal to or greater than 100,000 square feet. (c) Information required To be published on the website Immediately after a determination of suitability is made under this section, the Director shall publish, on the website described in section 623(c) the following information: (1) The address of each such real property. (2) The result of the suitability determination required under subsection (a) for each such real property. (3) The date on which the suitability determination was made. 625. Unsuitable real property (a) 20 -Day hold required after determination of unsuitability If real property is determined unsuitable under section 624, such real property may not be disposed of or otherwise used for any other purpose for at least 20 days after such determination was made. (b) Appeal (1) Secondary review of determination Not later than 20 days after real property has been determined unsuitable under section 624 and before disposal of the real property in accordance with subsection (d), any representative of the homeless may appeal to the Secretary of Housing and Urban Development for a secondary review of such determination. (2) Clear and convincing evidence Not later than 20 days after real property has been determined unsuitable under subsection (b)(3) of section 624, the Secretary of Housing and Urban Development shall deem such real property suitable notwithstanding the requirements of that subsection if a representative of the homeless has produced clear and convincing evidence that such property can be utilized for the benefit of the homeless. Any determination under this paragraph shall be committed to the unreviewable discretion of the Secretary of Housing and Urban Development. (c) Final suitability determination Not later than 20 days after the receipt of any appeal under subsection (b), the Secretary of Housing and Urban Development shall respond to such appeal and shall make a final suitability determination regarding the real property. (d) Disposal of unsuitable real property (1) No appeal If at the end of the 20-day period required under subsection (a), no appeal for review of a determination of unsuitability is received by the Secretary of Housing and Urban Development, such real property shall be disposed of in accordance with section 627. (2) Determination of unsuitability after secondary review If after conducting a secondary review of a determination of unsuitability under subsection (b), the Secretary of Housing and Urban Development determines that the real property remains unsuitable under subsection (c), such real property shall be disposed of in accordance with section 627. (3) Determination of suitability after secondary review If after conducting a secondary review of a determination of unsuitability under subsection (b), the Secretary of Housing and Urban Development determines that the real property is suitable under subsection (c), such real property shall be treated as suitable property for purposes of section 626. 626. Suitable real property (a) Disposal of suitable real property (1) Application for transfer of property If real property is determined suitable under section 624 or upon a secondary review under section 625(d), any representative of the homeless shall have not more than 90 days after such determination to submit an application to the Secretary of Health and Human Services for the transfer of the real property to that representative. If an application cannot be completed within the 90-day period due to non-material factors, the Secretary of Health and Human Services, with the concurrence of the appropriate landholding agency, may grant reasonable extensions. (2) No application submitted If at the end of the time period described under paragraph (1), no representative of the homeless has submitted an application, such real property shall be disposed of in accordance with section 627. (b) Consideration of application (1) Assessment of application Not later than 20 days after the receipt of any application under subsection (a)(1), the Secretary of Health and Human Services shall assess such application and determine whether to approve or deny the request for the transfer of the real property to such applicant. (2) Denial of application If the application of a representative of the homeless is denied by the Secretary of Health and Human Services under paragraph (1), such real property shall be disposed of in accordance with section 627. (3) Approval of application If the application of a representative of the homeless is approved by the Secretary of Health and Human Services under paragraph (1), such real property shall be made promptly available to that representative by permit or lease, or by deed, as a public health use under subsections (a) through (d) of section 550. 627. Expedited disposal requirements (a) Fair market value required Real property sold under the pilot program established under this subchapter shall be sold at not less than the fair market value, as determined by the Director in consultation with the head of the executive agency. Costs associated with such disposal may not exceed the fair market value of the property unless the Director approves incurring such costs. (b) Monetary proceeds required Real property may be sold under the pilot program established under this subchapter only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (a). A disposal of real property under the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. (c) Construction Nothing in this subchapter shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (d). (d) Expedited disposal exemptions Any expedited disposal of real property conducted under this subchapter shall not be subject to— (1) subchapter IV of this chapter; (2) sections 550 and 553 of this title; (3) section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ); (4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or (5) any congressional notification requirement other than that in section 545. 628. Special rules for deposit and use of proceeds from disposal of real property (a) Reimbursement of administrative expenses Executive agencies that dispose of real property under this subchapter shall be reimbursed from the proceeds, if any, from such disposal for the administrative expenses associated with such disposal. Such amounts shall be credited as offsetting collections to the account that incurred such expenses, to remain available until expended. (b) Deposit of proceeds (1) In general After payment of the administrative expenses described under subsection (a), the balance of the proceeds shall be distributed as follows: (A) 80 percent shall be deposited into the Treasury as miscellaneous receipts. (B) 20 percent shall be deposited into the account of the agency that owned the real property and initiated the disposal action. (2) Federal real property capital improvements and disposal activity funds Funds deposited under paragraph (1)(A) shall remain available until expended for the period of the pilot program, for activities related to Federal real property capital improvements and disposal activities. Upon termination of the pilot program, any unobligated amounts shall be transferred to the general fund of the Treasury. 629. Limitation on number of permissible cash sales The total number of cash sales of real properties to be disposed of under this subchapter over the 5-year term of the Federal Real Property Disposal Pilot Program shall not exceed 750. 630. Government Accountability Office study (a) Study required Not later than 36 months after the date of enactment of this subchapter, the Comptroller General of the United States shall submit to Congress and make publicly available a study of the effectiveness of the pilot program. (b) Contents of study The study described under subsection (a) shall include at a minimum— (1) recommendations for permanent reforms to statutes governing real property disposals and no cost conveyances; and (2) recommendations for improving the permanent process by which Federal properties are made available for use by the homeless. . (b) Technical and conforming amendment The table of sections for chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY § 621. Definitions. § 622. Pilot program. § 623. Selection of real properties. § 624. Suitability determination. § 625. Unsuitable real property. § 626. Suitable real property. § 627. Expedited disposal requirements. § 628. Special rules for deposit and use of proceeds from disposal of real property. § 629. Limitation on number of permissible cash sales. § 630. Government Accountability Office study. . 4. Payment of principal and interest on public debt and social security trust funds (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall, in addition to any other authority provided by law, issue obligations under chapter 31 of title 31, United States Code, to pay with legal tender, and solely for the purpose of paying, the principal and interest on obligations of the United States described in subsection (b) after the date of the enactment of this Act. (b) Obligations described For purposes of this subsection, obligations described in this subsection are obligations which are— (1) held by the public, or (2) held by the Old-Age and Survivors Insurance Trust Fund and Disability Insurance Trust Fund. (c) Prohibition on compensation for Members of Congress None of the obligations issued under subsection (a) may be used to pay compensation for Members of Congress. (d) Obligations exempt from public debt limit Obligations issued under subsection (a) shall not be taken into account in applying the limitation in section 3101(b) of title 31, United States Code, to the extent that such obligation would otherwise cause the limitation in section 3101(b) of title 31, United States Code, to be exceeded. (e) Report on certain actions (1) In general If, after the date of the enactment of this Act, the Secretary of the Treasury exercises his authority under subsection (a), the Secretary shall thereafter submit a report each week the authority is in use providing an accounting relating to— (A) the principal on mature obligations and interest that is due or accrued of the United States, and (B) any obligations issued pursuant to subsection (a). (2) Submission The report required by paragraph (1) shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. 5. Rescission of unobligated balances (a) In general If a Federal budget deficit exists in 2014, not later than July 16, 2015, of the funds made available before October 1, 2009, the President may rescind any unobligated balances of such funds. (b) Report On the same date that the President orders a rescission under subsection (a), the President shall submit a report to Congress containing the total amounts of the funds rescinded and the affected accounts.

https://www.govinfo.gov/content/pkg/BILLS-113hr3052ih/xml/BILLS-113hr3052ih.xml

113-hr-3053

I 113th CONGRESS 1st Session H. R. 3053 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. Sinema (for herself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to carry out the Department of Veterans Affairs Health Professional Scholarship Program. 1. Short title This Act may be cited as the Healthcare for our Heroes Act . 2. Extension of Department of Veterans Affairs Health Professional Scholarship Program Section 7619 of title 38, United States Code, is amended by striking December 31, 2014 and inserting December 31, 2016 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3053ih/xml/BILLS-113hr3053ih.xml

113-hr-3054

I 113th CONGRESS 1st Session H. R. 3054 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Smith of New Jersey (for himself and Mr. Doyle ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish a health and education grant program related to autism spectrum disorders, and for other purposes. 1. Short title This Act may be cited as the Global Autism Assistance Act of 2013 . 2. Findings Congress finds the following: (1) The occurrence of autism spectrum disorders (ASD) has increased during the past decade from an estimated one in 500 to an estimated one in 110, according to data released by the Centers for Disease Control and Prevention (CDC) in December 2009. CDC classified as suffering from ASD children whose behaviors were consistent with the DSM–IV–TR criteria for Autistic Disorder, Asperger Disorder, and Pervasive Developmental Disorder—Not Otherwise Specified (PDD–NOS). (2) Autism is a complex neurological disorder that affects an individual in the areas of social interaction and communication. Because it is a spectrum disorder, it affects each individual differently and to varying degrees of severity. People with autism process and respond to information in unique ways. In some cases, coexisting medical issues and aggressive or self-injurious behavior may be present. (3) The increased number of children diagnosed with autism is a growing and urgent concern for families, healthcare professionals, and educators, as the health and education systems struggle to respond to the needs of this population in a comprehensive manner. (4) The prevalence of autism in developing countries is also growing rapidly, and health and education systems in these countries are particularly ill-equipped to deal with these issues. According to the World Health Organization, tens of millions of individuals in Africa are affected by autism. (5) Children with autism who receive intensive and appropriate educational services before age five often make significant functional improvements. In the United States, significant efforts are being pursued to expand early diagnosis and the provision of these services. In a report on the identification, evaluation and management of children with autism, the American Academy of Pediatrics recommended in November 2007 that all children should be screened for autism twice by the age of two, even if they have no symptoms. Early screening and services for autism are sorely lacking in most of the developing world. An opportunity exists to use United States expertise to significantly aid children and families in developing countries, for relatively small costs. 3. Global Autism Assistance Program (a) Establishment and purpose The Administrator for the United States Agency for International Development shall establish and administer a health and education grant program to be known as the Global Autism Assistance Program to— (1) support activities under subsection (c)(2) by nongovernmental organizations and other service providers, including advocacy groups, focused on autism in developing countries; and (2) establish a teach the teachers program under subsection (d) to train health and education professionals working with children with autism in developing countries. (b) Designation of eligible regions Not later than 120 days after the date of the enactment of this Act, the Administrator, in consultation with knowledgeable autism organizations such as the World Autism Organization, the Autism Society of America, and Autism Speaks, shall designate not fewer than two regions in developing countries that are determined to— (1) require assistance in dealing with autism; and (2) have sufficient familiarity with issues related to autism to make effective use of the Global Autism Assistance Program. (c) Selection of implementing NGO (1) In general Not later than 180 days after the designation of eligible regions pursuant to subsection (b), the Administrator shall select and award a grant under this section to a nongovernmental organization with experience in autism-related issues to implement the Global Autism Assistance Program through selection and awarding of grants to local service providers and advocacy groups focused on autism. (2) Activities A local service provider or advocacy group that receives a grant under paragraph (1) may use such grant to carry out any of the following activities (including, as appropriate, the translation into local languages of relevant English-language publications): (A) Education and outreach to the public Use public service announcements and other public media to help the public become more aware of the signs of autism so that children with autism can be diagnosed and treated earlier. (B) Support to families Development of resources for families, such as online web resource centers in local languages, dissemination of materials to parents of newly diagnosed children, such as information contained in the Centers for Disease Control and Prevention’s publication entitled Learn the Signs, Act Early , or other suitable alternatives, and dissemination of educational aids and guides to help parents with their children’s development. (C) Support to educational institutions Funding for schools or other educational institutions, focusing on teachers of the youngest students, and including the distribution of equipment or of the materials referred to in subparagraph (B). (D) Support to clinics and medical centers Provision of funding to clinics and medical centers with proven records in addressing autism to assist with operating expenses, including personnel, equipment supplies, and facilities, development of assessment testing for autism, and acquisition of specialized equipment, such as augmentative communication devices. (3) Applications for grants (A) Submission of applications To be eligible to receive a grant from the implementing nongovernmental organization, a local service provider or advocacy group shall submit to such implementing nongovernmental organization an application at such time, in such manner, and containing such information as such implementing nongovernmental organization may require. (B) Establishment of screening board (i) In general The implementing nongovernmental organization responsible for implementing the Global Autism Assistance Program shall establish a screening board to be known as the Project Advisory Board to review for content and appropriateness applications from local service providers or advocacy groups submitted in accordance with subparagraph (A). (ii) Membership The members of the Project Advisory Board shall be appointed by the implementing nongovernmental organization, in consultation with the Administrator, and in accordance with the following provisions: (I) Each member shall serve for a term of one year and each member may serve as many as three consecutive terms. (II) A member of the Project Advisory Board may continue to serve after the expiration of the term of such member until such time as a successor is appointed. (III) Membership of the Project Advisory Board shall include at least seven voting members who are members of autism advocacy groups, professionals working with autism, or otherwise associated with the autism community. Among the voting members of the Board shall be at least two parents from different families of individuals with autism, one medical professional working with autism, one teacher of individuals with autism, and one individual who has autism. Efforts shall be made to include on the Project Advisory Board individuals with experience working in the developing world. (IV) Membership of the Project Advisory Board shall include non-voting members as determined appropriate by the Administrator. (V) Membership of the Project Advisory Board shall be chosen so as to ensure objectivity and balance and to reduce the potential for conflicts of interest. (4) Support and assistance The implementing nongovernmental organization shall provide, contract for, and coordinate technical assistance in support of its mission in meeting the goals and purposes of this Act. (d) Teach the teachers The implementing nongovernmental organization, acting on behalf of the Administrator, in consultation with the Project Advisory Board, shall establish a program, to be known as the Teach the Teachers Program , to— (1) identify health and education professionals to receive specialized training for teaching and working with youth with autism, including training conducted in two- or three-day workshops at locations within one of the two regions designated pursuant to subsection (b); and (2) conduct training through two- or three-day biomedical conferences in the two regions designated pursuant to subsection (b), including bringing medical and psychological specialists from the United States to train and educate parents and health professionals who deal with autism, including training related to biomedical interventions that can affect autism, how nutrition and various metabolic issues can impact behavior, the role of applied behavioral analysis, and various occupational and speech therapies in fighting autism. (e) Funding To carry out this Act, the Administrator shall allocate amounts that have been appropriated or otherwise made available to the United States Agency for International Development. (f) Autism defined For purposes of this Act, the term autism means all conditions consistent with autism spectrum disorders described in section 2(1).

https://www.govinfo.gov/content/pkg/BILLS-113hr3054ih/xml/BILLS-113hr3054ih.xml

113-hr-3055

I 113th CONGRESS 1st Session H. R. 3055 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Southerland (for himself, Mr. Reed , Ms. Jenkins , Mr. Austin Scott of Georgia , Mr. Bentivolio , Mr. Price of Georgia , Mr. Westmoreland , Mrs. Blackburn , and Mr. Kingston ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To reform the Federal supplemental nutrition assistance program (SNAP) so that States have the option of conducting pilot projects to require that able-bodied individuals participate in work activities as a condition of receiving benefits under such program. 1. Short title This Act may be cited as the Providing Relief to Individuals Desiring Employment (PRIDE) Act of 2013 . 2. Pilot projects to promote work and increase State accountability in the supplemental nutrition assistance program Effective October 1, 2013, section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following: (l) Pilot projects To promote work and increase State accountability in the supplemental nutrition assistance program (1) In general The Secretary shall carry out pilot projects to develop and test methods allowing States to run a work program with certain features comparable to the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), with the intent of increasing employment and self-sufficiency through increased State accountability and thereby reducing the need for supplemental nutrition assistance benefits. (2) Agreements (A) In general In carrying out this subsection, the Secretary shall enter into cooperative agreements with States in accordance with pilot projects that meet the criteria required under this subsection. (B) Application To be eligible for a cooperative agreement under this paragraph, a State shall submit to the Secretary a plan that complies with requirements of this subsection beginning in fiscal year 2014. The Secretary may not disapprove applications which meet the requirements of this subsection as described through its amended supplemental nutrition assistance State Plan. (C) Assurances A State shall include in its plan assurances that its pilot project will— (i) operate for at least three 12-month periods but not more than five 12-month periods; (ii) have a robust data collection system for program administration that is designed and shared with project evaluators to ensure proper and timely evaluation; and (iii) intend to offer a work activity described in paragraph (4) to adults assigned and required to participate under paragraph (3)(A) and who are not exempt under paragraph (3)(F). (D) Number of pilot projects Any State may carry out a pilot project that meets the requirements of this subsection. (E) Extent of pilot projects Pilot projects shall cover no less than the entire State. (F) Other program waivers Waivers for able-bodied adults without dependents provided under section 6(o) are void for States covered by a pilot project carried out under paragraph (1). (3) Work activity (A) For purposes of this subsection, the term work activity means any of the following: (i) Employment in the public or private sector that is not subsidized by any public program. (ii) Employment in the private sector for which the employer receives a subsidy from public funds to offset some or all of the wages and costs of employing an adult. (iii) Employment in the public sector for which the employer receives a subsidy from public funds to offset some or all of the wages and costs of employing an adult. (iv) A work activity that— (I) is performed in return for public benefits; (II) provides an adult with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment; (III) is designed to improve the employability of those who cannot find unsubsidized employment; and (IV) is supervised by an employer, work site sponsor, or other responsible party on an ongoing basis. (v) Training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides knowledge and skills essential to the full and adequate performance of the job. (vi) Job search, obtaining employment, or preparation to seek or obtain employment, including— (I) life skills training; (II) substance abuse treatment or mental health treatment, determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional; or (III) rehabilitation activities; supervised by a public agency or other responsible party on an ongoing basis. (vii) Structured programs and embedded activities— (I) in which adults perform work for the direct benefit of the community under the auspices of public or nonprofit organizations; (II) that are limited to projects that serve useful community purposes in fields such as health, social service, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety, and child care; (III) that are designed to improve the employability of adults not otherwise able to obtain unsubsidized employment; (IV) that are supervised on an ongoing basis; and (V) with respect to which a State agency takes into account, to the extent possible, the prior training, experience, and skills of a recipient in making appropriate community service assignments. (viii) Career and technical training programs (not to exceed 12 months with respect to any adult) that are directly related to the preparation of adults for employment in current or emerging occupations and that are supervised on an ongoing basis. (ix) Training or education for job skills that are required by an employer to provide an adult with the ability to obtain employment or to advance or adapt to the changing demands of the workplace and that are supervised on an ongoing basis. (x) Education that is related to a specific occupation, job, or job offer and that is supervised on an ongoing basis. (xi) In the case of an adult who has not completed secondary school or received such a certificate of general equivalence, regular attendance— (I) in accordance with the requirements of the secondary school or course of study, at a secondary school or in a course of study leading to such certificate; and (II) supervised on an ongoing basis. (xii) Providing child care to enable another recipient of public benefits to participate in a community service program that— (I) does not provide compensation for such community service; (II) is a structured program designed to improve the employability of adults who participate in such program; and (III) is supervised on an ongoing basis. (B) Protections Work activities under this subsection shall be subject to all applicable health and safety standards. Except as described in clauses (i), (ii), and (iii) of subparagraph (A), the term work activity shall be considered work preparation and not defined as employment for purposes of other law. (4) Pilot projects Pilot projects carried out under paragraph (1) shall include interventions to which adults are assigned that are designed to reduce unnecessary dependence, promote self sufficiency, increase work levels, increase earned income, and reduce supplemental nutrition assistance benefit expenditures among households eligible for, applying for, or participating in the supplemental nutrition assistance program. (A) Adults assigned to interventions by the State shall— (i) be subject to mandatory participation in work activities specified in paragraph (4), except those with 1 or more dependent children under 1 year of age; (ii) participate in work activities specified in paragraph (4) for a minimum of 20 hours per week per household; (iii) be a maximum age of not less than 50 and not more than 60, as defined by the State; (iv) be subject to penalties during a period of nonparticipation without good cause ranging from, at State option, a minimum of the removal of the adults from the household benefit amount, up to a maximum of the discontinuance of the entire household benefit amount; and (v) not be penalized for nonparticipation if child care is not available for 1 or more children under 6 years of age. (B) The State shall allow certain individuals to be exempt from work requirements— (i) those participating in work programs under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) for an equal or greater number of hours; (ii) 1 adult family member per household who is needed in the home to care for a disabled family member; (iii) an adult who is receiving temporary or permanent disability benefits issued by governmental sources; and (iv) those with a good cause reason for nonparticipation, such as victims of domestic violence, as defined by the State. (5) Evaluation and reporting (A) Evaluation (i) Independent evaluation (I) In general The Secretary shall provide for each State that enters into an agreement under paragraph (2) an independent, longitudinal evaluation of its pilot project under this subsection to determine total program savings over the entire course of the pilot project with results reported in consecutive 12-month increments. (II) Purpose The purpose of the evaluation is to measure the impact of interventions provided by the State under the pilot project on the ability of adults in households eligible for, applying for, or participating in the supplemental nutrition assistance program to find and retain employment that leads to increased household income and reduced dependency. (III) Requirement The independent evaluation under subclause (I) shall use valid statistical methods which can determine the difference between supplemental nutrition assistance benefit expenditures, if any, as a result of the interventions as compared to a control group that— (aa) is not subject to the interventions provided by the State under the pilot project under this subsection; and (bb) maintains services provided under 16(h) in the year prior to the start of the pilot project under this subsection. (IV) Option States shall have the option to evaluate pilot projects by matched counties or matched geographical areas using a constructed control group design to isolate the effects of the intervention of the pilot project. (V) Definition Constructed control group means there is no random assignment, and instead program participants (those subject to interventions) and non-participants (control) are equated using matching or statistical procedures on characteristics that may be associated with program outcomes. (B) Reporting Not later than 90 days after the end of fiscal year 2014 and of each fiscal year thereafter, until the completion of the last evaluation under subparagraph (A), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes a description of— (i) the status of each pilot project carried out under paragraph (1); (ii) the results of the evaluation completed during the previous fiscal year; and (iii) to the maximum extent practicable— (I) baseline information relevant to the stated goals and desired outcomes of the pilot project; (II) the impact of the interventions on appropriate employment, income, and public benefit receipt outcomes among households participating in the pilot project; (III) equivalent information about similar or identical measures among control or comparison groups; (IV) the planned dissemination of the report findings to State agencies; and (V) the steps and funding necessary to incorporate into State employment and training programs the components of pilot projects that demonstrate increased employment and earnings. (C) Public dissemination In addition to the reporting requirements under subparagraph (B), evaluation results shall be shared broadly to inform policy makers, service providers, other partners, and the public in order to promote wide use of successful strategies, including by posting evaluation results on the Internet website of the Department of Agriculture. (6) Funding (A) Available funds From amounts made available under section 18(a)(1), the Secretary shall make available— (i) up to $1,000,000 for each of the fiscal years 2014 through 2017 for evaluations described in paragraph (5) to carry out this subsection, with such amounts to remain available until expended; and (ii) amounts equal to one-half of the accumulated supplemental nutrition assistance benefit dollars saved over each consecutive 12-month period according to the evaluation under paragraph (5) for bonus grants to States under paragraph (7)(B). (B) limitation A State operating a pilot project under this subsection shall not receive more funding under section 16(h) than the State received the year prior to commencing a project under this subsection and shall not claim funds under 16(a) for expenses that are unique to the pilot project under this subsection. (C) Other funds Any additional funds required by a State to carry out a pilot project under this subsection may be provided by the State from funds made available to the State for such purpose and in accordance with State and other Federal laws, including the following: (i) Section 403 of the Social Security Act (42 U.S.C. 603). (ii) The Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). (iii) The Child Care and Development Block Grant Act of 1990 (42 U.S.C 9858 et seq.) and section 418 of the Social Security Act ( 42 U.S.C. 618 ). (iv) The social services block grant under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ). (7) Use of funds (A) Specific uses Funds provided under this subsection for evaluation of pilot projects shall be used only for— (i) pilot projects that comply with this subsection; (ii) the costs incurred in gathering and providing information and data used to conduct the independent evaluation under paragraph (5); and (iii) the costs of the evaluation under paragraph (5). (B) Limitation Funds provided for bonus grants to States for pilot projects under this subsection shall be used only for— (i) pilot projects that comply with this subsection; (ii) amounts equal to one-half of the accumulated supplemental nutrition assistance benefit dollars saved over each consecutive 12-month period according to the evaluation under paragraph (5); and (iii) any State purpose, not to be restricted to the supplemental nutrition assistance program or its beneficiary population. . 3. Improved wage verification using the National Directory of New Hires Effective October 1, 2013, section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (1) in paragraph (3) by inserting and after compliance with the requirement specified in paragraph (24) after section 16(e) of this Act , (2) in paragraph (22) by striking and at the end, (3) in paragraph (23 by striking the period at the end and inserting ; and , and (4) by adding at the end the following: (24) that the State agency shall request wage data directly from the National Directory of New Hires established under section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ) relevant to determining eligibility to receive supplemental nutrition assistance program benefits and determining the correct amount of such benefits. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3055ih/xml/BILLS-113hr3055ih.xml