Datasets:

hyperdemocracy

/

usc-llm-text

like 0

Follow

hyperdemocracy 3

113-hr-3056

I 113th CONGRESS 1st Session H. R. 3056 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Takano (for himself and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program on the provision of outreach and support services to veterans pursuing higher education under the Post 9/11 Educational Assistance Program of the Department of Veterans Affairs. 1. Short title This Act may be cited as the Warriors’ Peer-Outreach Pilot Program Act . 2. Pilot program on the provision of outreach and support services to veterans pursuing higher education under the Post 9/11 Educational Assistance Program of the Department of Veterans Affairs (a) Pilot program The Secretary of Veterans Affairs shall carry out a three-year pilot program to provide outreach and support services at institutions of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) that are designed to promote improved higher-education outcomes and the successful use of needed services for veterans using their entitlement to educational assistance under chapter 33 of title 38, United States Code, to pursue a program of education leading to a degree at the institution of higher learning. (b) Selection of institutions (1) Types of institutions The Secretary shall select three institutions of higher learning at which the Secretary shall carry out the pilot program under this section, as follows: (A) One four-year public university. (B) One community college. (C) One private, not-for-profit college. (2) Other requirements To be eligible to participate in the pilot program under this section, an institution shall— (A) provide office space, the capability for veterans described in subsection (c)(1) to use information technology equipment, and appropriate information-technology support services for the individual who will provide peer-outreach and peer-support services at such institution; and (B) cooperate with the Secretary in providing such data as the Secretary may require to evaluate the effectiveness of the pilot program, as described in subsection (c)(3). (3) Priority for selection In selecting institutions of higher learning for purposes of the pilot program under this section, the Secretary shall give priority to— (A) institutions of higher learning with existing peer outreach programs for veteran students; and (B) institutions of higher learning located in States with large student veteran populations, as determined by the Secretary. (c) Program requirements In carrying out the pilot program under subsection (a), the Secretary shall— (1) Provide peer-outreach and peer-support services to veterans of Operation Enduring Freedom, Operation Iraqi Freedom and Operation New Dawn who are students at an institution where the Secretary carries out the pilot program, with particular emphasis on assisting individuals who may have, or may be having, difficulty in adjusting to such institution, or who may need services or supports that such institution is not equipped to provide, by employing veterans— (A) who— (i) are using their entitlement to educational assistance under chapter 33 of title 38, United States Code, to pursue a program of education leading to a degree at the institution of higher learning; or (ii) have used their entitlement to educational assistance under such chapter to complete a program of education and graduate from such an institution during the 18-month period preceding the date on which the veteran is hired to perform services under the pilot program; and (B) who have served on active duty in a theater of combat operations (with special consideration given to veterans who have recovered or are recovering from a mental health condition). (2) Provide for training veterans employed as described in paragraph (1). (3) Develop requirements and measures for assessing the impact and effectiveness of the services provided under the pilot program, including— (A) developing and disseminating an online survey instrument (designed to establish baseline data, including data on need for services) to veterans attending the institutions of higher education described in paragraph (1) of this subsection; (B) developing and disseminating (not earlier than 18 months after the start of the pilot program) a follow-up online survey instrument (designed to gather data, including data to assess engagement with peer-support, experience accessing services, and adjustment to higher education) other on the possible impact of the program); and (C) tabulating— (i) the number of veterans who meet on an individual basis with such peer; (ii) the number of referrals such individual makes; and (iii) the outcome of such referrals. (d) Duration The authority of the Secretary to provide services under the pilot program under this section shall terminate on the later of the following dates: (1) The date that is three years after the date of the commencement of the pilot program. (2) The date of the last day of the academic year that ends not more than 180 days after the date that is three years after the date of the commencement of the pilot program. (e) Report Not later than nine months after the completion of the pilot program under this section, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the pilot program. The report shall include the following: (1) A description of the implementation and operation of the program. (2) An evaluation of effectiveness of then peer-outreach services provided under the program in— (A) reducing the prevalence of veterans failing to continue higher education pursuits using their entitlement to educational assistance under chapter 33 of title 38, United States Code; (B) improving other outcomes related to higher education for veterans using such entitlement; and (C) the use by such veterans of needed behavioral health and other services. (3) An analysis of the costs and benefits of the program. (4) The Secretary’s recommendations, if any, regarding an extension or expansion of the program.

https://www.govinfo.gov/content/pkg/BILLS-113hr3056ih/xml/BILLS-113hr3056ih.xml

113-hr-3057

I 113th CONGRESS 1st Session H. R. 3057 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Tonko (for himself and 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 modify the credit for qualified fuel cell motor vehicles and to allow the credit for certain off-highway vehicles, and for other purposes. 1. Short title This Act may be cited as the Fuel Cell Industrial Vehicle Jobs Act of 2013 . 2. Modifications of credit for qualified fuel cell motor vehicles (a) Credit amounts (1) In general Paragraph (1) of section 30B(b) of the Internal Revenue Code of 1986 (relating to new qualified fuel cell motor vehicle credit) is amended by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E) and by striking subparagraph (A) and inserting the following: (A) $4,000 if such vehicle is a motor vehicle as described in subsection (b)(4)(A) and has a gross vehicle weight rating of not more than 8,500 pounds, (B) $8,000 if such vehicle is a motor vehicle as described in subsection (h)(1) and has a gross vehicle weight rating of not more than 8,500 pounds, . (2) Conforming amendment Section 30B(b)(2)(A) of such Code is amended by striking paragraph (1)(A) and inserting paragraph (1)(B) . (b) Credit for certain off-Highway vehicles Subsection (b) of section 30B of such Code is amended by adding at the end the following new paragraph: (4) Special rules for certain off-highway vehicles For purposes of this subsection— (A) In general The term motor vehicle includes any vehicle which is manufactured primarily for use in carrying or towing loads or materials for commercial or industrial purposes, whether or not on public streets, roads, and highways and regardless of the type of load or material carried or towed. The preceding sentence shall not include any vehicle operated exclusively on a rail or rails and any vehicle operated primarily for recreational purposes. (B) Additional credit (i) Vehicles not more than 8,500 pounds In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A) that has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under paragraph (1) shall be increased by $1,500 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 40 percent based on the lower heating value of the fuel. (ii) Other vehicles In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A) that has a gross vehicle weight rating of more than 8,500 pounds, the amount determined under paragraph (1) shall be increased by— (I) $2,000 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 40 percent but less than 50 percent based on the lower heating value of the fuel, or (II) $4,000 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 50 percent based on the lower heating value of the fuel. (C) Certain standards not to apply Subsection (h)(10) shall not apply to a vehicle which is a motor vehicle solely by reason of subparagraph (A). (D) Placed in service date The credit determined under this subsection shall only be available in the case of any vehicle which is a motor vehicle solely by reason of subparagraph (A) if such vehicle is placed in service after December 31, 2012. . (c) Effective date The amendments made by this section shall apply to vehicles placed in service after December 31, 2012, in taxable years ending after such date. 3. Energy credit for fuel cell motive property (a) In general Section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) New qualified fuel cell motive property credit (1) In general In the case of new qualified fuel cell motive property placed in service during the taxable year, the energy credit for such taxable year with respect to such property is the sum of— (A) $940 for each 0.5 kilowatt of capacity of such property if such property has a nameplate capacity of no more than 5.0 kilowatts of electricity, (B) $140 for each additional 0.5 kilowatt of capacity of such property above 5.0 kilowatts of capacity if such property has a nameplate capacity of no more than 15.0 kilowatts of electricity, and (C) $50 for each additional 0.5 kilowatt of capacity of such property above 15.0 kilowatts of capacity if such property has a nameplate capacity of more than 15.0 kilowatts of electricity. (2) Limitation The amount allowed as a credit under this section by reason of paragraph (1) shall not exceed $12,700 for each property placed in service during the taxable year. (3) New qualified fuel cell motive property For purposes of this subsection— (A) In general The term new qualified fuel cell motive property means any qualified fuel cell property which is manufactured for use in powering qualified motive property— (i) the original use of which commences with the taxpayer, and (ii) which is acquired by the taxpayer for use or lease, but not for resale. (B) Qualified motive property The term qualified motive property means any property which is manufactured primarily for carrying loads or materials for commercial or industrial purposes not on public streets, roads, highways, or rails or operated primarily for recreational purposes. (C) Termination Paragraph (1) shall not apply to any property placed in service after December 31, 2018. . (b) Conforming amendments (1) Section 48(a)(1) of such Code is amended by striking subsection (c), and inserting subsection (c) and subsection (e), . (2) Section 48(c)(1)(C) of such Code is amended to read as follows: (C) Fuel cell power plant The term fuel cell power plant means an integrated system comprised of a fuel cell stack assembly which converts a fuel into electricity using electrochemical means and the associated balance of plant components. . (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2012, in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3057ih/xml/BILLS-113hr3057ih.xml

113-hr-3058

I 113th CONGRESS 1st Session H. R. 3058 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Valadao (for himself, Mr. McCarthy of California , Mr. Costa , and Mr. Nunes ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for additional Federal district judgeships for the eastern district of California, and for other purposes. 1. Short title This Act may be cited as the Central Valley Judicial Relief Act of 2013 . 2. Federal district judgeships in California (a) Additional permanent district judgeships The President shall appoint, by and with the advice and consent of the Senate, 6 additional district judges for the eastern district of California. (b) Conforming amendment The table contained in section 133(a) of title 28, United States Code, is amended by striking the item relating to California and inserting the following: California: Northern 14 Eastern 12 Central 27 Southern 13 . (c) Temporary judgeship (1) In general The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of California. (2) Vacancy not filled The first vacancy in the office of district judge in the eastern district of California, occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created by this subsection, shall not be filled. 3. Additional place of holding court Section 84(b) of title 28, United States Code, is amended in the second sentence by inserting Bakersfield, after shall be held at .

https://www.govinfo.gov/content/pkg/BILLS-113hr3058ih/xml/BILLS-113hr3058ih.xml

113-hr-3059

I 113th CONGRESS 1st Session H. R. 3059 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Whitfield (for himself, Mr. Stivers , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Oversight and Government Reform and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide a biennial budget for the United States Government. 1. Short title This Act may be cited as the Biennial Budgeting and Appropriations Act of 2013 . 2. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable (a) In General Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fifteenth Congress) is as follows: First Session On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the biennial budget. May 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House. June 10 House Appropriations Committee reports last biennial appropriation bill. June 30 House completes action on biennial appropriation bills. October 1 Biennium begins. Second Session On or before: Action to be completed: February 15 President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. (b) Special Rule In the case of any first session of Congress that begins in any year during which the term of a President (except a President who succeeds himself) begins, the following dates shall supersede those set forth in subsection (a): First Session On or before: Action to be completed: First Monday in April President submits budget recommendations. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the biennial budget. June 1 Congress completes action on concurrent resolution on the biennial budget. June 1 Biennial appropriation bills may be considered in the House. July 1 House Appropriations Committee reports last biennial appropriation bill. July 20 House completes action on biennial appropriation bills. October 1 Biennium begins. . 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Declaration of Purpose Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621(2) ) is amended by striking each year and inserting biennially . (b) Definitions (1) Budget resolution Section 3(4) of such Act ( 2 U.S.C. 622(4) ) is amended by striking fiscal year each place it appears and inserting biennium . (2) Biennium Section 3 of such Act ( 2 U.S.C. 622 ) is amended by adding at the end the following new paragraph: (12) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year. . (c) Biennial Concurrent Resolution on the Budget (1) Contents of resolution Section 301(a) of such Act ( 2 U.S.C. 632(a) ) is amended— (A) in the matter preceding paragraph (1) by— (i) striking April 15 of each year and inserting May 15 of each odd-numbered year ; (ii) striking the fiscal year beginning on October 1 of such year the first place it appears and inserting the biennium beginning on October 1 of such year ; and (iii) striking the fiscal year beginning on October 1 of such year the second place it appears and inserting each fiscal year in such period ; (B) in paragraph (6), by striking for the fiscal year and inserting for each fiscal year in the biennium ; and (C) in paragraph (7), by striking for the fiscal year and inserting for each fiscal year in the biennium . (2) Additional matters Section 301(b) of such Act ( 2 U.S.C. 632(b) ) is amended— (A) in paragraph (3), by striking for such fiscal year and inserting for either fiscal year in such biennium ; and (B) in paragraph (7), by striking for the first fiscal year and inserting for each fiscal year in the biennium . (3) Views of other committees Section 301(d) of such Act ( 2 U.S.C. 632(d) ) is amended by inserting (or, if applicable, as provided by section 300(b)) after United States Code . (4) Hearings Section 301(e)(1) of such Act ( 2 U.S.C. 632(e) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) inserting after the second sentence the following: On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. . (5) Goals for reducing unemployment Section 301(f) of such Act ( 2 U.S.C. 632(f) ) is amended by striking fiscal year each place it appears and inserting biennium . (6) Economic assumptions Section 301(g)(1) of such Act ( 2 U.S.C. 632(g)(1) ) is amended by striking for a fiscal year and inserting for a biennium . (7) Section heading The section heading of section 301 of such Act is amended by striking annual and inserting biennial . (8) Table of contents The item relating to section 301 in the table of contents set forth in section 1(b) of such Act is amended by striking Annual and inserting Biennial . (d) Committee Allocations Section 302 of such Act ( 2 U.S.C. 633 ) is amended— (1) in subsection (a)(1) by— (A) striking for the first fiscal year of the resolution, and inserting for each fiscal year in the biennium, ; (B) striking for that period of fiscal years and inserting for all fiscal years covered by the resolution ; and (C) striking for the fiscal year of that resolution and inserting for each fiscal year in the biennium ; (2) in subsection (a)(5), by striking April 15 and inserting May 15 ; (3) in subsection (f)(1), by striking for a fiscal year and inserting for a biennium ; (4) in subsection (f)(1), by striking first fiscal year and inserting either fiscal year of the biennium ; (5) in subsection (f)(2)(A), by— (A) striking first fiscal year and inserting each fiscal year of the biennium ; and (B) striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution ; and (6) in subsection (g)(1)(A), by striking April and inserting May . (e) Section 303 Point of Order (1) In general Section 303(a) of such Act ( 2 U.S.C. 634(a) ) is amended by striking for a fiscal year and inserting for a biennium and by striking the first fiscal year and inserting each fiscal year of the biennium . (2) Exceptions in the house Section 303(b) of such Act ( 2 U.S.C. 634(b) ) is amended— (A) in paragraph (1)(A), by striking the budget year and inserting the biennium ; (B) in paragraph (1)(B), by striking the fiscal year and inserting the biennium ; and (C) in paragraph (2), by inserting (or June 1 whenever section 300(b) is applicable) . (3) Application to the senate Section 303(c)(1) of such Act ( 2 U.S.C. 634(c) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) striking that year and inserting each fiscal year of that biennium . (f) Permissible Revisions of Concurrent Resolutions on the Budget Section 304 of such Act ( 2 U.S.C. 635 ) is amended— (1) by striking fiscal year the first two places it appears and inserting biennium ; (2) by striking for such fiscal year ; and (3) by inserting before the period for such biennium . (g) Procedures for Consideration of Budget Resolutions Section 305(a)(3) of such Act ( 2 U.S.C. 636(b)(3) ) is amended by striking fiscal year and inserting biennium . (h) Completion of House Committee Action on Appropriation Bills Section 307 of such Act ( 2 U.S.C. 638 ) is amended— (1) by striking each year and inserting each odd-numbered year (or, if applicable, as provided by section 300(b), July 1) ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking that year and inserting each odd-numbered year . (i) Quarterly Budget Reports Section 308 of such Act ( 2 U.S.C. 639 ) is amended by adding at the end the following new subsection: (d) Quarterly Budget Reports The Director of the Congressional Budget Office shall, as soon as practicable after the completion of each quarter of the fiscal year, prepare an analysis comparing revenues, spending, and the deficit or surplus for the current fiscal year to assumptions included in the congressional budget resolution. In preparing this report, the Director of the Congressional Budget Office shall combine actual budget figures to date with projected revenue and spending for the balance of the fiscal year. The Director of the Congressional Budget Office shall include any other information in this report that it deems useful for a full understanding of the current fiscal position of the Federal Government. The reports mandated by this subsection shall be transmitted by the Director to the Senate and House Committees on the Budget, and the Congressional Budget Office shall make such reports available to any interested party upon request. . (j) Completion of House Action on Regular Appropriation Bills Section 309 of such Act ( 2 U.S.C. 640 ) is amended— (1) by striking It and inserting Except whenever section 300(b) is applicable, it ; (2) by inserting of any odd-numbered calendar year after July ; (3) by striking annual and inserting biennial ; and (4) by striking fiscal year and inserting biennium . (k) Reconciliation Process Section 310 of such Act ( 2 U.S.C. 641 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking any fiscal year and inserting any biennium ; (2) in subsection (a)(1), by striking such fiscal year each place it appears and inserting any fiscal year covered by such resolution ; and (3) by striking subsection (f) and redesignating subsection (g) as subsection (f). (l) Section 311 Point of Order (1) In the house Section 311(a)(1) of such Act ( 2 U.S.C. 642(a) ) is amended— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking the first fiscal year each place it appears and inserting either fiscal year of the biennium ; and (C) by striking that first fiscal year and inserting each fiscal year in the biennium . (2) In the senate Section 311(a)(2) of such Act is amended— (A) in subparagraph (A), by striking for the first fiscal year and inserting for either fiscal year of the biennium ; and (B) in subparagraph (B)— (i) by striking that first fiscal year the first place it appears and inserting each fiscal year in the biennium ; and (ii) by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years . (3) Social security levels Section 311(a)(3) of such Act is amended by— (A) striking for the first fiscal year and inserting each fiscal year in the biennium ; and (B) striking that fiscal year and the ensuing fiscal years and inserting all fiscal years . (m) Maximum Deficit Amount Point of Order Section 312(c) of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 ) is amended— (1) by striking for a fiscal year and inserting for a biennium ; (2) in paragraph (1), by striking first fiscal year and inserting either fiscal year in the biennium ; (3) in paragraph (2), by striking that fiscal year and inserting either fiscal year in the biennium ; and (4) in the matter following paragraph (2), by striking that fiscal year and inserting the applicable fiscal year . 4. Amendments to rules of House of Representatives (a) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives is amended by inserting odd-numbered after each . (b) Clause 4(a)(4) of rule X of the Rules of the House of Representatives is amended by striking fiscal year and inserting biennium . (c) Clause 4(b)(2) of rule X of the Rules of the House of Representatives is amended by striking each fiscal year and inserting the biennium . (d) Clause 4(b) of rule X of the Rules of the House of Representatives is amended by striking and at the end of subparagraph (5), by striking the period and inserting ; and at the end of subparagraph (6), and by adding at the end the following new subparagraph: (7) use the second session of each Congress to study issues with long-term budgetary and economic implications, which would include— (A) hold hearings to receive testimony from committees of jurisdiction to identify problem areas and to report on the results of oversight; and (B) by January 1 of each odd-number year, issuing a report to the Speaker which identifies the key issues facing the Congress in the next biennium. . (e) Clause 11(i) of rule X of the Rules of the House of Representatives is amended by striking during the same or preceding fiscal year . (f) Clause 4(e) of rule X of the Rules of the House of Representatives is amended by striking annually each place it appears and inserting biennially and by striking annual and inserting biennial . (g) Clause 4(f) of rule X of the Rules of the House of Representatives is amended— (1) by inserting during each odd-numbered year after the submission of budget by the President ; (2) by striking fiscal year the first place it appears and inserting biennium ; and (3) by striking that fiscal year and inserting each fiscal year in such ensuing biennium . (h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives is amended by striking five both places it appears and inserting six . (i) Clause 5(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking fiscal year after September 15 in the preceding fiscal year and inserting biennium after September 15 of the year in which such biennium begins . 5. Amendments to title 31 , United States Code (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: (3) biennium has the meaning given to such term in paragraph (12) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622(12) ). . (b) Budget Contents and Submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Fifteenth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget the following: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (5) Government functions and activities Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking the fiscal year and inserting each fiscal year in the biennium . (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (7) Allowances for unanticipated and uncontrollable expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year and inserting each fiscal year in the biennium for which the budget is submitted . (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (9) Estimates for future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year and inserting each fiscal year in the biennium following the biennium ; (B) by striking that following fiscal year and inserting each such fiscal year ; and (C) by striking fiscal year before the fiscal year and inserting biennium before the biennium . (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years, ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year and inserting in those fiscal years . (11) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year each place it appears and inserting in those fiscal years . (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year and inserting each even numbered year . (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for the first place it appears and inserting each fiscal year in the biennium for ; (2) by striking the fiscal year for the second place it appears and inserting each fiscal year of the biennium, as the case may be, ; and (3) by striking that year and inserting for each year of the biennium . (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year and inserting biennium to which such budget relates . (f) Supplemental Budget Estimates and Changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting and before February 15 of each even numbered year after Before July 16 of each year ; and (ii) striking fiscal year and inserting biennium ; (B) in paragraph (1), by striking that fiscal year and inserting each fiscal year in such biennium ; (C) in paragraph (2), by striking 4 fiscal years following the fiscal year and inserting 4 fiscal years following the biennium ; and (D) in paragraph (3), by striking fiscal year and inserting biennium . (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) striking the fiscal year and inserting each fiscal year in the biennium ; and (B) inserting and before February 15 of each even numbered year after Before July 16 of each year . (g) Current Programs and Activities Estimates (1) The president Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) and inserting At the same time the budget required by section 1105 is submitted for a biennium ; and (B) by striking the following fiscal year and inserting each fiscal year of such period . (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking March 1 of each year and inserting within 6 weeks of the President’s budget submission for each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974) . (h) Year-Ahead Requests for Authorizing Legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 and inserting March 31 ; and (2) striking year before the year in which the fiscal year begins and inserting calendar year preceding the calendar year in which the biennium begins . 6. Two-year appropriations; title and style of appropriations Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations Acts (a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium). . (b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period. (c) For purposes of this section, the term biennium has the same meaning as in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622(12) ). . 7. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Multiyear authorizations of appropriations (a) Point of Order (1) (A) It shall not be in order in the House of Representatives or the Senate to consider any measure that contains a specific authorization of appropriations for any purpose unless the measure includes such a specific authorization of appropriations for that purpose for not less than each fiscal year in one or more bienniums. (B) For purposes of this paragraph, a specific authorization of appropriations is an authorization for the enactment of an amount of appropriations or amounts not to exceed an amount of appropriations (whether stated as a sum certain, as a limit, or as such sums as may be necessary) for any purpose for a fiscal year. (2) Paragraph (1) does not apply with respect to an authorization of appropriations for a single fiscal year for any program, project, or activity if the measure containing that authorization includes a provision expressly stating the following: Congress finds that no authorization of appropriation will be required for [Insert name of applicable program, project, or activity] for any subsequent fiscal year. . (3) For purposes of this subsection, the term measure means a bill, joint resolution, amendment, motion, or conference report. . (b) Amendment to Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item: Sec. 316. Multiyear authorizations of appropriations. . 8. Government strategic and performance plans on a biennial basis (a) Strategic Plans Section 306 of title 5, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2016 ; (2) in subsection (b)— (A) by striking at least every three years and inserting at least every 4 years ; and (B) by striking five years forward and inserting six years forward ; and (3) in subsection (c), by inserting a comma after section the second place it appears and adding including a strategic plan submitted by September 30, 2016, meeting the requirements of subsection (a) . (b) Budget Contents and Submission to Congress Paragraph (28) of section 1105(a) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a and inserting beginning with fiscal year 2018, a biennial . (c) Performance Plans Section 1115 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in the matter before paragraph (1) by striking an annual and inserting a biennial ; (B) in paragraph (1) by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (C) in paragraph (5) by striking and after the semicolon; (D) in paragraph (6) by striking the period and inserting a semicolon; and inserting and after the inserted semicolon; and (E) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. ; (2) in subsection (d) by striking annual and inserting biennial ; and (3) in paragraph (6) of subsection (f) by striking annual and inserting biennial . (d) Managerial Accountability and Flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking Beginning with fiscal year 1999, the and inserting Beginning with fiscal year 2018, the biennial and by striking annual ; and (B) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; (2) in subsection (e)— (A) in the first sentence by striking one or before years ; (B) in the second sentence by striking a subsequent year and inserting for a subsequent 2-year period ; and (C) in the third sentence by striking three and inserting four . (e) Pilot Projects for Performance Budgeting Section 1119 of title 31, United States Code, is amended— (1) in paragraph (1) of subsection (d), by striking annual and inserting biennial ; and (2) in subsection (e), by striking annual and inserting biennial . (f) Strategic Plans Section 2802 of title 39, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2016 ; (2) in subsection (b), by striking at least every three years and inserting at least every 4 years ; (3) by striking five years forward and inserting six years forward ; and (4) in subsection (c), by inserting a comma after section the second place it appears and inserting including a strategic plan submitted by September 30, 2016, meeting the requirements of subsection (a) . (g) Performance Plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual and inserting a biennial ; (2) in paragraph (1), by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (3) in paragraph (5), by striking and after the semicolon; (4) in paragraph (6), by striking the period and inserting ; and ; and (5) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. . (h) Committee Views of Plans and Reports Section 301(d) of the Congressional Budget Act ( 2 U.S.C. 632(d) ) is amended by adding at the end Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports, required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. . (i) Effective Date (1) In general The amendments made by this section shall take effect on September 30, 2016. (2) Agency actions Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by it. 9. Biennial appropriation bills (a) In the House of Representatives (1) Clause 2(a) of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) (A) Except as provided by subdivision (B), an appropriation may not be reported in a general appropriation bill (other than a supplemental appropriation bill), and may not be in order as an amendment thereto, unless it provides new budget authority or establishes a level of obligations under contract authority for each fiscal year of a biennium. (B) Subdivision (A) does not apply with respect to an appropriation for a single fiscal year for any program, project, or activity if the bill or amendment thereto containing that appropriation includes a provision expressly stating the following: Congress finds that no additional funding beyond one fiscal year will be required and the [Insert name of applicable program, project, or activity] will be completed or terminated after the amount provided has been expended. . (C) For purposes of paragraph (b), the statement set forth in subdivision (B) with respect to an appropriation for a single fiscal year for any program, project, or activity may be included in a general appropriation bill or amendment thereto. . (2) Clause 5(b)(1) of rule XXII of the House of Representatives is amended by striking or (c) and inserting or (3) or 2(c) . (b) In the Senate (1) Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. ) (as amended by section 7(a)) is further amended by adding at the end the following: 317. Consideration of biennial appropriation bills It shall not be in order in the Senate in any odd-numbered year to consider any regular appropriation bill providing new budget authority or a limitation on obligations under the jurisdiction of the Committee on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended. . (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 316 the following new item: Sec. 317. Consideration of biennial appropriation bills. . 10. Assistance by Federal agencies to standing committees of the Senate and the House of Representatives (a) Information Regarding Agency Appropriations Requests To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of each Federal agency which administers the laws or parts of laws under the jurisdiction of such committee shall provide to such committee such studies, information, analyses, reports, and assistance as may be requested by the chairman and ranking minority member of the committee. (b) Information Regarding Agency Program Administration To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of any agency shall furnish to such committee documentation, containing information received, compiled, or maintained by the agency as part of the operation or administration of a program, or specifically compiled pursuant to a request in support of a review of a program, as may be requested by the chairman and ranking minority member of such committee. (c) Summaries by Comptroller General Within thirty days after the receipt of a request from a chairman and ranking minority member of a standing committee having jurisdiction over a program being reviewed and studied by such committee under this section, the Comptroller General of the United States shall furnish to such committee summaries of any audits or reviews of such program which the Comptroller General has completed during the preceding six years. (d) Congressional Assistance Consistent with their duties and functions under law, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Director of the Congressional Research Service shall continue to furnish (consistent with established protocols) to each standing committee of the House of Representatives or the Senate such information, studies, analyses, and reports as the chairman and ranking minority member may request to assist the committee in conducting reviews and studies of programs under this section. 11. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate and the Committee on Rules of the House of Representatives. 12. Special transition period for the 114th Congress (a) President’s Budget Submission for Fiscal Year 2016 The budget submission of the President pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2016 shall include the following: (1) An identification of the budget accounts for which an appropriation should be made for each fiscal year of the fiscal year 2016–2017 biennium. (2) Budget authority that should be provided for each such fiscal year for the budget accounts identified under paragraph (1). (b) Review and Recommendations of the Committees on Appropriations The Committee on Appropriations of the House of Representatives and the Senate shall review the items included pursuant to subsection (a) in the budget submission of the President for fiscal year 2016 and include its recommendations thereon in its views and estimates made under section 301(d) of the Congressional Budget Act of 1974 within 6 weeks of that budget submission. (c) Actions by the Committees on the Budget (1) The Committee on the Budget of the House of Representatives and the Senate shall review the items included pursuant to subsection (a) in the budget submission of the President for fiscal year 2016 and the recommendations submitted by the Committee on Appropriations of its House pursuant to subsection (b) included in its views and estimates made under section 301(d) of the Congressional Budget Act of 1974. (2) The report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget for fiscal year 2016 and the joint explanatory statement of managers accompanying such resolution shall also include allocations to the Committee on Appropriations of its House of total new budget authority and total outlays (which shall be deemed to be made pursuant to section 302(a) of the Congressional Budget Act of 1974 for purposes of budget enforcement under section 302(f)) for fiscal year 2017 from which the Committee on Appropriations may report regular appropriation bills for fiscal year 2016 that include funding for certain accounts for each of fiscal years 2016 and 2017. (3) The report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget for fiscal year 2016 and the joint explanatory statement of managers accompanying such resolution shall also include the assumptions upon which such allocations referred to in paragraph (2) are based. (d) GAO Programmatic Oversight Assistance (1) During the first session of the 114th Congress the committees of the House of Representatives and the Senate are directed to work with the Comptroller General of the United States to develop plans to transition program authorizations to a multi-year schedule. (2) During the 114th Congress, the Comptroller General of the United States will continue to provide assistance to the Congress with respect to programmatic oversight and in particular will assist the committees of Congress in designing and conforming programmatic oversight procedures for the fiscal year 2016–2017 biennium. (e) CBO Authorization Report On or before January 15, 2016, the Director of the Congressional Budget Office, after consultation with the appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during fiscal year 2016 for which authorizations for appropriations have not been enacted for that fiscal year and (B) all programs and activities funded during fiscal year 2016 for which authorizations for appropriations will expire during that fiscal year, fiscal year 2017, or fiscal year 2018. (f) President’s Budget Submission for Fiscal Year 2017 The budget submission of the President pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2017 shall include an evaluation of, and recommendations regarding, the transitional biennial budget process for the fiscal year 2016–2017 biennium that was carried out pursuant to this section. (g) CBO Transitional Report On or before March 31, 2016, the Director of the Congressional Budget Office shall submit to Congress an evaluation of, and recommendations regarding, the transitional biennial budget process for the fiscal year 2016–2017 biennium that was carried out pursuant to this section. 13. Effective date Except as provided by sections 8, 11, and 12, this Act and the amendments made by it shall take effect on January 1, 2017, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr3059ih/xml/BILLS-113hr3059ih.xml

113-hr-3060

I 113th CONGRESS 1st Session H. R. 3060 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Williams (for himself, Mr. Barton , Mr. Brady of Texas , Mr. Burgess , Mr. Carter , Mr. Conaway , Mr. Culberson , Mr. Farenthold , Mr. Flores , Mr. Gohmert , Ms. Granger , Mr. Hall , Mr. Hensarling , Mr. Sam Johnson of Texas , Mr. Marchant , Mr. McCaul , Mr. Neugebauer , Mr. Olson , Mr. Poe of Texas , Mr. Sessions , Mr. Smith of Texas , Mr. Stockman , Mr. Thornberry , Mr. Weber of Texas , Mr. Castro of Texas , Mr. Cuellar , Mr. Doggett , Mr. Gallego , Mr. Al Green of Texas , Mr. Gene Green of Texas , Mr. Hinojosa , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. O’Rourke , Mr. Veasey , and Mr. Vela ) 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 232 Southwest Johnson Avenue in Burleson, Texas, as the Sergeant William Moody Post Office Building . 1. Sergeant William Moody Post Office Building (a) Designation The facility of the United States Postal Service located at 232 Southwest Johnson Avenue in Burleson, Texas, shall be known and designated as the Sergeant William Moody Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant William Moody Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr3060ih/xml/BILLS-113hr3060ih.xml

113-hr-3061

I 113th CONGRESS 1st Session H. R. 3061 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Ms. Wilson of Florida (for herself, Mr. Connolly , Mr. Lewis , Mr. Ben Ray Luján of New Mexico , Mr. Cohen , Mr. Loebsack , and Mr. Fattah ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to provide for the establishment of Youth Corps programs and provide for wider dissemination of the Youth Corps model. 1. Short title This Act may be cited as the Youth Corps Act of 2013 . 2. Findings Congress finds the following: (1) Nationally, there are an estimated 5,500,000 youth, ages 16 through 24, out-of-school and out-of-work, with an additional over 500,000 young people dropping out of school each year. At present, the unemployment rate for youth ages 16 through 24 is approximately 17 percent. For youth who are in low-income or minority communities, or who have disabilities, this rate is significantly higher. (2) Youth Service and Conservation Corps programs, descended from the Civilian Conservation Corps of the 1930s, have been preparing disadvantaged and disconnected youth for careers in resource conservation, environmental restoration, land management, building renovation and weatherization, education, human services, health care, homeland security, and disaster relief for over 4 decades. To date, nearly a million young people have found a new start through a Youth Service and Conservation Corps program. (3) Today, over 125 Youth Service and Conservation Corps programs are being carried out in 50 States and the District of Columbia, and employing a research-driven strategy, called the Youth Corps model, to reengage and provide educational and economic opportunity to around 30,000 young people each year. These Corps members participate in 13.5 million hours of community service annually. (4) According to a recent study by the Corporation for National and Community Service, participating in service increases your likelihood of finding employment by 27 percent. When limited to individuals living in rural areas or without a high school diploma, the increase in likelihood of gaining employment jumps to 55 percent and 51 percent, respectively. (5) Due to the many benefits and positive outcomes, not only for program participants but also for the communities in which they serve, the Youth Corps model is a proven strategy for reengaging disconnected youth in education and the workforce, while improving communities and the environment. 3. Youth Corps programs (a) In General Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting before section 174 ( 29 U.S.C. 2919 ) the following new section: 173B. Youth Corps programs (a) Purpose The purpose of this section is to utilize service, environmental stewardship, and the Youth Corps model to educate and train the next generation of workers to enable them to find meaningful employment in the economy of the 21st century, and instill in them a sense of civic engagement and environmental stewardship. (b) Definitions In this section: (1) Eligible entity The term eligible entity means a public or private nonprofit agency or organization (including a consortium of such agencies or organizations), including— (A) a community-based organization; (B) a faith-based organization; (C) a community action agency; (D) a community development corporation; (E) an entity carrying out activities under this title, such as a local board; (F) an Indian tribe or other agency primarily serving Indians; (G) a public or private institution of higher education; (H) a State or unit of general local government; or (I) a State or local youth service or conservation corps. (2) Eligible youth Notwithstanding section 101, the term eligible youth means an individual eligible to participate in a Youth Corps program in accordance with subsection (d). (3) Indian; Indian tribe The terms Indian and Indian tribe have the meanings given the terms in section 166(b). (4) Participant The term participant has the meaning given the term in section 101, but includes a recipient of services under paragraph (5)(F). (5) Youth Corps model The term Youth Corps model means a model for a youth education and training program for which an eligible entity— (A) provides eligible youth with stipended or paid work experience, and basic and technical skills training leading, at a minimum, to an outcome consisting of— (i) enrollment in postsecondary education or training; (ii) attainment of an industry-recognized certification or credential; (iii) meaningful employment in the economy of the 21st century; or (iv) military service; (B) provides eligible youth with opportunities for educational advancement, including the attainment of a secondary school diploma or its recognized equivalent, or other State-recognized credential; (C) engages eligible youth to work, in teams or crews under the leadership of adult mentors and trainers, on service and conservation projects designed to improve the communities in which the youth live and the environment; (D) works with youth- and family-serving systems, such as child welfare and justice systems, to provide and coordinate supportive services for education and training program participants; (E) works with program partners in the local workforce investment system, institutions of higher education, or other community-based organizations to develop pathways to subsequent enrollment in education or training, attainment of an industry-recognized certification or credential, meaningful employment, or service as described in subparagraph (A); and (F) provides 12 months of followup services and tracking for the program graduates. (c) Youth Corps grants (1) Amounts of grants The Secretary is authorized to make grants to eligible entities for the purpose of carrying out Youth Corps programs approved under this section. (2) Term of grants The Secretary is authorized to make the grants for terms of up to 3 years in length, and is authorized to renew the grants. (3) Eligible activities An entity that receives a grant under this subsection— (A) shall use the funds made available through the grant to carry out a Youth Corps program that utilizes the Youth Corps model to provide to the participants, prior to graduation from the program— (i) education, which may include— (I) basic instruction and remedial education; (II) language instruction for individuals with limited English proficiency; (III) secondary education services and activities, including dropout prevention, tutoring, and other activities, that— (aa) are designed to lead to the attainment of a secondary school diploma or its recognized equivalent, or other State-recognized credential (including a credential for meeting recognized alternative standards for individuals with disabilities); and (bb) are delivered in conjunction with project-based service-learning to the maximum degree practicable; and (IV) preparation for and access to postsecondary education opportunities, including counseling and assistance with applying for student financial aid; (ii) work readiness training, which may include— (I) development of basic skills, such as— (aa) arriving on time to work; (bb) being prepared to work; (cc) following directions; (dd) working independently; (ee) working with others; (ff) working safely; and (gg) demonstrating a commitment to produce high-quality work; (II) development of job-specific occupational skills and on-the-job training; (III) stipended or paid work experience that provides participants with insights into the professional work environment; (IV) activities designed to lead to— (aa) the attainment of an industry-recognized certification or credential; or (bb) meaningful employment in the economy of the 21st century; (V) career counseling and job search assistance; and (VI) provision of a job developer to cultivate relationships with local employers to hire program graduates; (iii) supportive services, which may include— (I) needs-related payments; (II) health care, including mental health care such as drug and alcohol abuse counseling; (III) child care; and (IV) transportation; (iv) provision of wages, stipends, or benefits; (v) development and monitoring of individual education and career plans; (vi) service and conservation projects, designed to develop civic engagement and environmental stewardship; (vii) supervision and training on those projects; and (viii) adult mentoring; (B) shall use the funds made available through the grant, in carrying out the Youth Corps program, to provide followup services and tracking for program graduates; and (C) may use the funds made available through the grant for— (i) ongoing training and technical assistance that is related to the development, implementation, and sustainability of the program; and (ii) payment of administrative expenses. (4) Application (A) In general In order to be qualified to receive a grant for a program under this subsection, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (B) Minimum requirements The Secretary shall require that the application contain, at a minimum— (i) a request for the grant, specifying the amount of the grant requested and the proposed uses for the grant funds; (ii) a description of the applicant and a statement of its qualifications, including a description of the applicant's— (I) past experience with youth education and training programs; and (II) relationships with local boards, one-stop operators and one-stop partners, local labor organizations, entities carrying out registered apprenticeship and pre-apprenticeship programs, employers, institutions of higher education, and other community-based organizations who are proposed as members of the program partnership; (iii) a description of the educational and work readiness training activities (including paid work opportunities), secondary education, preparation for and access to postsecondary education and training opportunities, and other services that will be provided to participants, and how those activities, opportunities, and services will prepare eligible youth for an outcome described in subsection (b)(5)(A), and instill in them a sense of civic engagement and environmental stewardship; (iv) a description of the proposed service and conservation projects to be undertaken under the grant, how the project activities will improve the affected community or environment, and the anticipated schedule for carrying out such activities; (v) a description of the manner in which eligible youth will be recruited and selected as participants, including a description of any coordination with local boards, one-stop operators and one-stop partners, community-based organizations, faith-based organizations, State educational agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or local educational agencies (including agencies of Indian tribes), public assistance agencies, local courts, probation and parole offices, the justice system, agencies serving homeless youth, foster care agencies, the Armed Forces, and other appropriate public and private agencies; (vi) a description of how the proposed program will be coordinated with other Federal, State, and local activities and activities conducted by Indian tribes, such as local workforce investment activities, career and technical education programs, programs of adult education and literary activities, activities conducted by public schools, activities conducted by community colleges, national and community service programs, and other non-school-based education or training provided with funds available under this title; (vii) a description of results to be achieved with respect to performance indicators described in subsection (e); (viii) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the proposed program; and (ix) a description of the commitments of any additional resources (in addition to the grant funds) by the applicant or any program partners. (5) Selection criteria For an applicant to be eligible to receive a grant under this subsection, the applicant and the applicant's proposed program shall meet such selection criteria as the Secretary shall establish under this section, which shall include criteria relating to— (A) the qualifications or potential capabilities of an applicant; (B) an applicant's potential for developing and implementing a successful education and training program utilizing the Youth Corps model; (C) the need for an applicant's proposed program, as determined by the degree of economic distress of the community from which participants would be recruited (measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped out of secondary school); (D) the need for the applicant’s proposed service and conservation projects by the affected community or environmental area; (E) the ability of an applicant to provide the education, training, and other services described in paragraph (3) that are necessary to prepare participants for an outcome described in subsection (b)(5)(A); (F) the extent of an applicant's ability to coordinate and partner with local boards, one-stop operators and one-stop partners, local labor organizations, entities carrying out registered apprenticeship and pre-apprenticeship programs, employers, institutions of higher education, and other community-based organizations who are proposed as members of the program partnership to provide participants with an outcome described in subsection (b)(5)(A); (G) the extent of the applicant's coordination of activities with entities carrying out public education, criminal justice, housing and community development, national and community service, postsecondary education, or other systems that relate to the goals of the proposed program; (H) the extent of the commitment of additional resources (in addition to the grant funds) to the proposed program by the applicant or any program partners; and (I) such other factors as the Secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner. (d) Additional program requirements (1) Eligible individuals (A) In general Notwithstanding section 101, for purposes of this section an individual shall be eligible to participate in a Youth Corps program only if such individual is— (i) (I) not less than age 16 and not more than age 24, on the date of enrollment; and (II) (aa) a low-income individual, a youth in foster care (including youth aging out of foster care), a formerly incarcerated or court-involved youth, a child of an incarcerated parent, a youth who is an individual with a disability, or a migrant youth; or (bb) a school dropout; or (ii) eligible to participate under subparagraph (B). (B) Exception for individuals not meeting income or educational need requirements Not more than 25 percent of the individuals selected to be participants in such program may be individuals who do not meet the requirements of subclause (II) of subparagraph (A)(i). (C) Participants For purposes of Federal law, participants in a Youth Corps program under this section shall be considered participants of the program rather than employees of the program. (2) Participation limitation An eligible individual selected for participation in a Youth Corps program under this section shall be offered full-time participation in the program for a period of not less than 6 months and not more than 24 months. (e) Performance indicators Recipients of grants for programs under subsection (c) shall report annually to the Secretary concerning the following performance indicators: (1) Program enrollment rates. (2) Program attendance rates. (3) Attainment of a diploma, equivalent, or credential described in subsection (c)(3)(A)(i)(III). (4) Rates of program completion, including early release for meaningful employment in the economy of the 21st century. (5) Rates of outcomes described in subsection (b)(5)(A) for program graduates. (6) Wages of program graduates. (7) Post-program employment retention rates. (8) Such other performance indicators as may be reasonably required by the Secretary. (f) Management and technical assistance (1) Secretary assistance The Secretary may enter into contracts or cooperative agreements with or make grants to 1 or more entities to provide assistance to the Secretary in the management, supervision, and coordination of the program carried out under this section. (2) Technical assistance (A) Contracts, cooperative agreements, and grants The Secretary shall enter into contracts or cooperative agreements with or make grants to 1 or more qualified national nonprofit organizations with a demonstrated record of experience with and achievement in developing and implementing the Youth Corps model, in order to provide training, information, and technical assistance to recipients of grants under subsection (c). (B) Reservation of funds Of the amounts available under section 174(d) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent to carry out subparagraph (A). (3) Evaluation (A) Contracts, cooperative agreements, and grants The Secretary shall enter into contracts or cooperative agreements with or make grants to 1 or more qualified national nonprofit organizations with a demonstrated record of experience with and achievement in developing and implementing the Youth Corps model, for the purpose of conducting data collection and evaluation. (B) Reservation of funds Of the amounts available under section 174(d) to carry out this section for a fiscal year, the Secretary shall reserve 1 percent to carry out subparagraph (A). (4) Capacity building grants For each fiscal year, the Secretary may use not more than 3 percent of the amounts available under section 174(d) to award grants to 1 or more qualified national nonprofit organizations to pay for the Federal share of the cost of providing capacity building activities for recipients of grants under subsection (c). . (b) Table of contents The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by inserting after the item relating to section 173A the following: Sec. 173B. Youth Corps programs. . 4. Authorization of appropriations Section 174 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2919 ) is amended by adding at the end the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out section 173B such sums as may be necessary for each of fiscal years 2014 through 2019. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3061ih/xml/BILLS-113hr3061ih.xml

113-hr-3062

I 113th CONGRESS 1st Session H. R. 3062 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Wittman (for himself, Mr. Miller of Florida , Mr. Cassidy , Mr. Cramer , Mr. Lamborn , Mr. Buchanan , Mr. Massie , Mr. Brady of Texas , Mr. Sensenbrenner , Mrs. Blackburn , Mr. Lankford , Mr. Pearce , Mr. Latta , Mr. Hunter , Mrs. Bachmann , Mr. Rigell , Mr. Forbes , Mr. Walberg , Mr. Pompeo , Mr. Johnson of Ohio , Mr. Wolf , Mr. Poe of Texas , and Mr. Pitts ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require assurances that certain family planning service projects and programs will provide pamphlets containing the contact information of adoption centers. 1. Short title This Act may be referred to as the Adoption Information Act . 2. Provision in family planning services of pamphlets containing adoption center contact information Title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ) is amended by adding at the end the following: 1009. Adoption center contact information (a) A grant may be made or contract entered into under section 1001 for a family planning service project or program only upon assurances satisfactory to the Secretary that the project or program will— (1) provide to each person to whom the project or program provides family planning services, at the time the person inquires about the services, a pamphlet that contains— (A) a comprehensive list of the adoption centers located in the State where the services are provided; and (B) the address and telephone number of each such center; (2) at the same time, orally inform each such person that the pamphlet— (A) was provided by the Department of Health and Human Services; and (B) contains a comprehensive list of the adoption centers located in the State where the services are provided; and (3) provide each such person an opportunity to read the pamphlet. (b) The Secretary shall prepare, annually update, and distribute to each project or program referred to in subsection (a) pamphlets described in that subsection. (c) No funds may be used to carry out this section, except funds that are appropriated to carry out this title. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3062ih/xml/BILLS-113hr3062ih.xml

113-hr-3063

I 113th CONGRESS 1st Session H. R. 3063 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Wittman introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to develop a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under that Act, and for other purposes. 1. Short title This Act may be cited as the Healthy Fisheries through Better Science Act . 2. Definition of stock assessment Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ) is amended by redesignating the paragraphs after paragraph (42) in order as paragraphs (44) through (52), and by inserting after paragraph (42) the following: (43) The term stock assessment means an evaluation of the past, present, and future status of a stock of fish, that includes— (A) a range of life history characteristics for such stock, including— (i) the geographical boundaries of such stock; and (ii) information on age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences of such stock; and (B) fishing for the stock. . 3. Stock assessment plan (a) In general Section 404 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 18881c ) is amended by adding at the end the following: (e) Stock assessment plan (1) In general The Secretary shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under section 404(b) of such Act, a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this Act. (2) Contents The plan shall— (A) for each stock of fish for which a stock assessment has previously been conducted— (i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment— (I) every 5 years; or (II) within such other time period specified and justified by the Secretary in the plan; (B) for each stock of fish for which a stock assessment has not previously been conducted— (i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of the initial stock assessment within 3 years after the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and (C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be 10 provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions. (3) Waiver of stock assessment requirement Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock assessment is not required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies such determination in the Federal Register notice required by this subsection. . (b) Deadline Notwithstanding paragraph (1) of section 404(e) of such Act, as amended by this section, the Secretary of Commerce shall issue the first stock assessment plan under such section by not later than 1 year after the date of enactment of this Act. 4. Improving science (a) Incorporation of information from wide variety of sources Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 ) is amended by adding at the end the following: Fisheries management is most effective when it incorporates information provided by governmental and nongovernmental sources, including State and Federal agency staff, fishermen, fishing communities, universities, research institutions, and other appropriate entities. As appropriate, such information should be considered the best scientific information available and form the basis of conservation and management measures as required by this Act. . (b) Improving data collection and analysis (1) In general Section 404 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881c ), as amended by this Act, is further amended by adding at the end the following: (f) Improving data collection and analysis (1) In general The Secretary, in consultation with the science and statistical committee of the Councils established under section 302(g), shall develop and publish in the Federal Register guidelines that will facilitate greater incorporation of data, analysis, and stock assessments from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions. (2) Content The guidelines shall— (A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used as the best scientific information available for purposes of this Act and the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of such data and analysis in stock assessments and for other purposes; (B) provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C); and (C) establish a registry of persons providing such information. (3) Acceptance and use of data and analyses The Secretary and Regional Fishery Management Councils shall— (A) use all data and analyses that meet the guidelines published under paragraph (1) as the best scientific information available for purposes of this Act in fisheries management decisions, unless otherwise determined by the science and statistical committee of the Councils established pursuant to section 302(g) of the Act; (B) explain in the Federal Register notice announcing the fishery management decision how such data and analyses have been used to establish conservation and management measures; and (C) if any such data or analysis is not used, provide in the Federal Register notice announcing the fishery management decision an explanation developed by such science and statistical committee of why such data or analysis was not used. . (b) Deadline The Secretary of Commerce shall develop and publish guidelines under the amendment made by subsection (a) by not later than 1 year after the date of enactment of this Act. 5. Cost reduction report Within 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Regional Fishery Management Councils, shall submit a report to Congress that, with respect to each fishery governed by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)— (1) identifies the goals of the applicable programs governing monitoring and enforcement of fishing that is subject to such plan; (2) identifies methods to accomplish those goals, including human observers, electronic monitoring, and vessel monitoring systems; (3) certifies which such methods are most cost-effective for fishing that is subject to such plan; and (4) explains why such most-cost-effective methods are not required, if applicable. 6. Cost sharing Section 304(d) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(d) ) is amended by adding at the end the following: (3) The Secretary shall not collect any fee under this section or section 313(a) before preparing an analysis that identifies the costs that will be recovered by the fee and the costs that will not be recovered by the fee. Such analysis shall be included in the applicable fisheries management plan. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3063ih/xml/BILLS-113hr3063ih.xml

113-hr-3064

I 113th CONGRESS 1st Session H. R. 3064 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Ms. Eddie Bernice Johnson of Texas (for herself and Mr. Veasey ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , 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 establish scientific standards and protocols across forensic disciplines, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Forensic Science and Standards Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. National forensic science research program. Sec. 5. Forensic science research at the National Science Foundation. Sec. 6. Forensic science research challenges. Sec. 7. Forensic science standards and research at the National Institute of Standards and Technology. Sec. 8. Forensic Science Advisory Committee. Sec. 9. Adoption, accreditation, and certification. 2. Findings Congress finds that— (1) at the direction of Congress, the National Academy of Sciences led a comprehensive review of the state of forensic science and issued its findings in a 2009 report, Strengthening Forensic Science in the United States: A Path Forward ; (2) the report's findings indicate the need for independent scientific research to support the foundation of forensic disciplines; (3) the report stresses the need for standards in methods, data interpretation, and reporting, and the importance of preventing cognitive bias and mitigating human factors; and (4) according to the report, forensic science research is not financially well supported, and there is a need for a unified strategy for developing a forensic science research plan across Federal agencies. 3. Definitions In this Act: (1) Advisory Committee The term Advisory Committee means the Forensic Science Advisory Committee established under section 8. (2) Coordinating Office The term Coordinating Office means the National Forensic Science Coordinating Office established under section 4. (3) Forensic science The term forensic science means the basic and applied scientific research applicable to the collection, evaluation, and analysis of physical evidence, including digital evidence, for use in investigations and legal proceedings, including all tests, methods, measurements, and procedures. (4) Standards development organization The term standards development organization means a domestic or an international organization that plans, develops, establishes, or coordinates voluntary consensus standards using procedures that incorporate openness, a balance of interests, consensus, due process, and an appeals process. 4. National forensic science research program (a) Establishment There shall be a national forensic science research program to improve, expand, and coordinate Federal research in the forensic sciences. (b) National Academies Report on Forensic Science The Director of the National Science Foundation, in consultation with the Director of the National Institute of Standards and Technology, shall enter into an arrangement with the National Academies to develop, not later than 180 days after the date of enactment of this Act, a report that— (1) identifies the most critical forensic science disciplines, which may include forensic pathology and digital forensics, that require further research to strengthen the scientific foundation in those disciplines; (2) makes recommendations regarding research that will help strengthen the scientific foundation in the forensic science disciplines identified under paragraph (1); and (3) makes recommendations regarding the mix of funding mechanisms that might be most effective at advancing the research identified in paragraph (2). (c) National forensic science coordinating office (1) Establishment There is established a National Forensic Science Coordinating Office, with a director and full time staff, to be located at the National Institute of Standards and Technology. The Director of the Coordinating Office shall be responsible for carrying out the provisions of this subsection. (2) Unified Federal research strategy The Coordinating Office shall coordinate among relevant Federal departments, agencies, or offices— (A) the development of a unified Federal research strategy that— (i) specifies and prioritizes the research necessary to enhance the validity and reliability of the forensic science disciplines; and (ii) is consistent with the recommendations in the National Academies report on forensic science under subsection (b); (B) the development of a 5-year roadmap, updated triennially thereafter, for the unified Federal research strategy under subparagraph (A) that includes a description of— (i) which department, agency, or office will carry out each specific element of the unified Federal research strategy; (ii) short-term and long-term priorities and objectives; and (iii) common metrics and other evaluation criteria that will be used to assess progress toward achieving the priorities and objectives under clause (ii); and (C) any necessary programs, policies, and budgets to support the implementation of the roadmap under subparagraph (B). (3) Annual report The Coordinating Office shall submit an annual report to Congress, not later than 90 days after the submission of the President’s annual budget request, that includes the budget for the program established under this section for each agency that participates in the program, including for all activities pursuant to sections 5, 6, and 7. (4) Deadlines The Coordinating Office shall submit to Congress— (A) not later than 1 year after the date of enactment of this Act, the unified Federal research strategy under paragraph (2)(A); (B) not later than 1 year after the date of enactment of this Act, the initial 5-year roadmap under paragraph (2)(B); and (C) not later than 1 month after the date it is updated, each updated 5-year roadmap under paragraph (2)(B). 5. Forensic science research at the National Science Foundation (a) Grants The National Science Foundation shall award forensic science basic research grants to improve the foundation and practice of forensic science in the United States, consistent with the Foundation’s mission and the recommendations in the unified Federal research strategy under section 4. (b) Merit review Each grant under this section shall be awarded on a merit-reviewed, competitive basis. (c) Forensic science research centers (1) In general The Director of the National Science Foundation shall award grants to support one or more forensic science research centers— (A) to conduct research consistent with the unified Federal research strategy under section 4 and with the Foundation’s mission; (B) to help build relationships between forensic science practitioners and members of the research community; (C) to encourage and promote the education and training of a diverse group of people to be leaders in the interdisciplinary field of forensic science; and (D) to broadly disseminate the results of the research under subparagraph (A). (2) Limitation on use of funds No funds authorized under this section may be used to construct or renovate a building or structure. (3) Reports Each forensic science research center shall submit an annual report to the Director of the National Science Foundation, at such time and in such manner as the Director may require, that contains a description of the activities the center carried out with the funds received under this section. (d) Evaluation (1) In general The Director of the National Science Foundation shall conduct a comprehensive evaluation of its full portfolio of forensic science research and education grants every 4 years— (A) to determine whether the research supported under the grants is contributing to the objectives of improving the foundation and practice of forensic science in the United States; and (B) to evaluate the extent to which the research is contributing toward the priorities and objectives described in the roadmap under section 4(c)(2)(B). (2) Report to Congress The Director of the National Science Foundation shall report to Congress the results of each comprehensive evaluation under paragraph (1). (e) Authorization of appropriations There are authorized to be appropriated to the National Science Foundation to carry out this section— (1) $34,000,000 for fiscal year 2014; (2) $37,000,000 for fiscal year 2015; (3) $40,000,000 for fiscal year 2016; (4) $43,000,000 for fiscal year 2017; and (5) $46,000,000 for fiscal year 2018. 6. Forensic science research challenges (a) Prizes and challenges (1) In general A Federal department, agency, or office may assist in satisfying the research needs and priorities identified in the unified Federal research strategy under section 4 by using prizes and challenges under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) or under any other provision of law, as appropriate. (2) Purposes The purpose of a prize or challenge under this section, among other possible purposes, may be— (A) to determine or develop the best data collection practices or analytical methods to evaluate a specific type of forensic data; or (B) to determine the accuracy of an analytical method. (b) Forensic evidence prizes and challenges (1) In general A Federal department, agency, or office, or multiple Federal departments, agencies, or offices in cooperation, carrying out a prize or challenge under this section— (A) may establish a prize advisory board; and (B) shall consult with the Advisory Committee on the appropriateness of the prize or challenge to satisfy the research needs and priorities identified in the unified Federal research strategy under section 4. (2) Samples The National Institute of Standards and Technology or the Department of Justice shall provide or contract with a non-Federal party to prepare a sufficient set of samples, including associated digital data that could be shared without limitation and physical specimens that could be shared with qualified parties, for purposes of a prize or challenge. (3) Fingerprint data interoperability At least 1 prize or challenge under this section shall be focused on achieving nationwide fingerprint data interoperability if the prize advisory board, the Coordinating Office, or a Federal department, agency, or office identifies an area where a prize or challenge will assist in satisfying a strategy related to this issue. 7. Forensic science standards and research at the National Institute of Standards and Technology (a) Establishment (1) In general The National Institute of Standards and Technology shall— (A) conduct research supporting the development and dissemination of methods, standards, and technical guidance for forensic science measurements; (B) identify or coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities, including— (i) authoritative methods, standards, and technical guidance, including protocols and best practices, for forensic measurements, analysis, and interpretation; (ii) technical standards for products and services used by forensic science practitioners; (iii) standard content, terminology, and parameters to be used in reporting and testifying on the results and interpretation of forensic science measurements, tests, and procedures; and (iv) standards to provide for the interoperability of forensic science-related technology and databases; and (C) test and validate existing forensics standards, measurements, and methods as appropriate. (2) Consultation (A) In general In carrying out its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consult with— (i) standards development organizations and other stakeholders, including relevant Federal departments, agencies, and offices; and (ii) testing laboratories and accreditation bodies. (3) Prioritization When prioritizing its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consider— (A) the unified Federal research strategy under section 4; and (B) the recommendations of any expert working group under subsection (b). (4) Report to Congress The Director of the National Institute of Standards and Technology shall report every 2 years, not later than 90 days after the submission of the President's budget request, to Congress on the progress in carrying out the National Institute of Standards and Technology's responsibilities under paragraph (1). (b) Expert working groups (1) In general The Director of the National Institute of Standards and Technology may establish one or more discipline-specific expert working groups to identify gaps, areas of need, and opportunities for standards development with respect to forensic science. Each working group shall balance scientific rigor with practical and regulatory constraints. (2) Members A member of an expert working group shall— (A) be appointed by the Director of the National Institute of Standards and Technology; and (B) have significant academic, research, or practical expertise in a discipline of forensic science or in another area relevant to the purpose of the expert working group. (3) Federal Advisory Committee Act An expert working group established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (c) Authorization of appropriations There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this section— (1) $5,000,000 for fiscal year 2014; (2) $12,000,000 for fiscal year 2015; (3) $20,000,000 for fiscal year 2016; (4) $27,000,000 for fiscal year 2017; and (5) $35,000,000 for fiscal year 2018. 8. Forensic Science Advisory Committee (a) Establishment The Director of the National Institute of Standards and Technology and the Attorney General, in consultation with the Director of the National Science Foundation, shall establish a Forensic Science Advisory Committee. (b) Duties The Advisory Committee shall provide advice to— (1) the Federal departments, agencies, and offices implementing the unified Federal research strategy under section 4; (2) the National Institute of Standards and Technology, including recommendations regarding the National Institute of Standards and Technology's responsibilities under section 7; and (3) the Department of Justice, including recommendations regarding the Department of Justice's responsibilities under section 9. (c) Subcommittees The Advisory Committee may form subcommittees related to specific disciplines in forensic science or as necessary to further its duties under subsection (b). A subcommittee may include an individual who is not a member of the Advisory Committee. (d) Chairs The Director of the National Institute of Standards and Technology and the Attorney General, or their designees, shall co-chair the Advisory Committee. (e) Membership The Director of the National Institute of Standards and Technology and the Attorney General, in consultation with the Director of the National Science Foundation, shall appoint each member of the Advisory Committee. The Advisory Committee shall include balanced representation between scientists with expertise relevant to forensic sciences (including academic scientists, statisticians, social scientists, engineers, and representatives of other related scientific disciplines) and individuals and organizations with expertise in applications of forensic science (including Federal, State, and local representatives of the forensic science community, the legal community, victim advocate organizations, and law enforcement). (f) Administration The Attorney General shall provide administrative support to the Advisory Committee. 9. Adoption, accreditation, and certification The Attorney General— (1) shall promote the adoption of forensic science standards developed under section 7, including— (A) by requiring each Federal forensic laboratory to adopt such forensic science standards; (B) by encouraging each non-Federal forensic laboratory to adopt such forensic science standards; and (C) by disseminating any recommendations made by the Advisory Committee for adoption and implementation of forensic science standards; (2) shall promote the development of minimum training, accreditation, and certification requirements based on the forensic science standards developed under section 7 and any recommendations made by the Advisory Committee; (3) shall issue guidance concerning the intersection of forensic science and the courtroom; and (4) may require the adoption of the forensic science standards as a condition of Federal funding or for inclusion in national data sets.

https://www.govinfo.gov/content/pkg/BILLS-113hr3064ih/xml/BILLS-113hr3064ih.xml

113-hr-3065

I 113th CONGRESS 1st Session H. R. 3065 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Garrett introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the War Powers Resolution. 1. Repeal of War Powers Resolution The War Powers Resolution ( Public Law 93–148 ; 50 U.S.C. 1541 et seq. ) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr3065ih/xml/BILLS-113hr3065ih.xml

113-hr-3066

I 113th CONGRESS 1st Session H. R. 3066 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Cotton introduced the following bill; which was referred to the Committee on House Administration , 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 the Patient Protection and Affordable Care Act to prohibit a government subsidy or contribution for the premiums of a health plan by a Member of Congress or Members’ staff or congressional leadership or committee staff. 1. Short title This Act may be cited as the No Special Deal for D.C. Insiders Act of 2013 . 2. No governmental health insurance premium subsidy or contribution for Members of Congress and for congressional Members’ staff, leadership staff, and committee staff Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) in clause (ii)(II), by inserting before the period at the end the following: , and includes employees in a leadership office of the House of Representatives or a leadership office of the Senate (consisting of the offices of the President pro Tempore, Majority and Minority Leaders, Majority and Minority Whips, Conferences of the Majority and of the Minority, and Majority and Minority Policy Committees of the Senate) and employees of any committee of Congress ; (2) by redesignating clause (ii) as clause (iv); and (3) by inserting after clause (i) the following new clauses: (ii) No premium subsidy or contribution for members of congress Notwithstanding any other provision of law, no Federal funds shall be expended to pay or contribute to any portion of the premium for a health plan purchased by a Member of Congress pursuant to clause (i). (iii) No premium subsidy or contribution for congressional staff Notwithstanding any other provision of law, no Federal funds shall be expended to pay or contribute to any portion of the premium for a health plan purchased by congressional staff. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3066ih/xml/BILLS-113hr3066ih.xml

113-hr-3067

I 113th CONGRESS 1st Session H. R. 3067 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mrs. Capito (for herself, Mr. Coffman , Mr. Pittenger , Mr. Duffy , Mr. Latta , Mr. Barr , Mr. Boustany , Mrs. Miller of Michigan , Mr. Shuster , Mr. Griffin of Arkansas , Mr. Conaway , Mr. Lance , Mr. Fitzpatrick , Mr. Meadows , Mr. Brooks of Alabama , and Mr. Tipton ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Patient Protection and Affordable Care Act to prohibit a government subsidy for the purchase of a health plan by a Member of Congress. 1. Short title This Act may be cited as the No Obamacare Subsidies for Members of Congress Act of 2013 . 2. No health care subsidies for Members of Congress Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following new clause: (ii) No premium assistance for Members of Congress Notwithstanding any other provision of law or any regulation or guidance promulgated by the Director of the Office of Personnel Management, no Federal funds shall be expended to pay any portion of the premium for a health plan purchased by a Member of Congress pursuant to clause (i). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3067ih/xml/BILLS-113hr3067ih.xml

113-hr-3068

I 113th CONGRESS 1st Session H. R. 3068 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Benishek introduced the following bill; which was referred to the Committee on Natural Resources A BILL Relating to members of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan. 1. Congressional Reference and Report Pursuant to the findings and conclusions contained in the Report issued by the chief judge of the U.S. Court of Federal Claims, the Secretary of the Treasury shall pay, out of money not otherwise appropriated, to members of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan, the sum of $ ____, and to the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan, the sum of $ ____.

https://www.govinfo.gov/content/pkg/BILLS-113hr3068ih/xml/BILLS-113hr3068ih.xml

113-hr-3069

I 113th CONGRESS 1st Session H. R. 3069 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Conyers (for himself, Mr. Scott of Virginia , Mr. Cohen , Mr. Johnson of Georgia , and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To improve public safety through increased law enforcement presence and enhanced public safety equipment and programs, and for other purposes. 1. Short title; Definitions (a) Short title This Act may be cited as the Shield Our Streets Act of 2013 . (b) Definitions In this Act: (1) Elevated need locality The term elevated need locality means a county or other unit of local government that is not part of a county that— (A) has a violent crime rate at or above the national average, as determined by the Federal Bureau of Investigation; and (B) has, during the most recent 5-year period, had budget reductions. (2) Unit of local government The term unit of local government has the meaning given such term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791 ). 2. Shield Police Hiring Grants (a) In general The Attorney General is authorized to carry out a program, through the Office of Community Oriented Policing Services, to award grants to eligible local law enforcement agencies to assist such agencies with hiring and rehiring career law enforcement officers in accordance with this section. (b) Eligible local law enforcement agencies For the purposes of this section, an eligible local law enforcement agency is a local law enforcement agency that has jurisdiction over all or part of an elevated need locality. (c) Use of funds Grant funds awarded under this section shall be used by an eligible local law enforcement agency to— (1) hire and train new career law enforcement officers for deployment in the jurisdiction of the agency; or (2) rehire career law enforcement officers who have been laid off as a result of Federal, State, or local budget reductions. (d) Grant period Each grant awarded under this section shall be for a period of 3 years and may be extended or renewed for an additional 2-year period at the discretion of the Attorney General. (e) Technical assistance The Attorney General shall provide technical assistance to eligible local law enforcement agencies during the application process and while such agencies are carrying out grants under this section. (f) No matching requirement An eligible local law enforcement agency receiving a grant under this section shall not be required to provide any portion of the costs, in cash or in-kind, of the activities carried out with such grant from non-Federal funds. (g) Authorization of appropriations In addition to any other funds authorized to be appropriated for hiring and rehiring local law enforcement officers, there are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2014 through 2019. 3. Shield Public Safety Enhancement Grants (a) In general The Attorney General is authorized to carry out a program to award grants to eligible organizations to enhance public safety through the activities described in subsection (c) . (b) Eligible organizations For the purposes of this section, an eligible organization is— (1) a unit of local government that has jurisdiction over all or part of an elevated need locality; or (2) a nonprofit organization that operates in one or more elevated need localities. (c) Authorized activities Grant funds awarded under this section shall be used as follows: (1) With respect to an eligible organization described in subsection (b)(1) , to enhance public safety in the jurisdiction of the organization. Such enhancement may include— (A) purchasing public safety equipment; (B) funding public safety programs; (C) making infrastructure improvements for the purpose of enhancing public safety; (D) purchasing and installing street lights and other lights to deter crime; (E) funding activities related to crime labs; and (F) funding public defender programs. (2) With respect to an eligible organization described in subsection (b)(2) , to carry out programs designed to reduce crime in one or more of the counties or cities under subsection (b)(2) . (d) Grant period Each grant awarded under this section shall be for a period of one year and may be extended or renewed for an additional period at the discretion of the Attorney General. (e) Technical assistance The Attorney General shall provide technical assistance to eligible organizations during the application process and while such organizations are carrying out grants under this section. (f) No matching requirement An eligible organization receiving a grant under this section shall not be required to provide any portion of the costs, in cash or in-kind, of the activities carried out with such grant from non-Federal funds. (g) Authorization of appropriations In addition to any other funds authorized to be appropriated for public safety enhancement by eligible organizations, there are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr3069ih/xml/BILLS-113hr3069ih.xml

113-hr-3070

I 113th CONGRESS 1st Session H. R. 3070 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 501 of the Foreign Intelligence Surveillance Act of 1978 to reform access to certain business records for foreign intelligence and international terrorism investigations, and for other purposes. 1. Short title This Act may be cited as the NSA Accountability Act . 2. Reforms to access to certain business records for foreign intelligence and international terrorism investigations (a) In general Subsection (b)(2)(A) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended— (1) in the matter preceding clause (i)— (A) by inserting specific and articulable before facts showing ; (B) by inserting and material after are relevant ; and (C) by striking clandestine intelligence activities and all that follows and inserting clandestine intelligence activities and pertain only to an individual that is the subject of such investigation; and ; and (2) by striking clauses (i) through (iii). (b) Withholding of funds Notwithstanding any other provision of law, in the case of a violation of section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) in a fiscal year, all unobligated funds made available for such fiscal year to carry out such section shall be withheld for the period beginning on the date of such violation and ending on September 30 of such fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr3070ih/xml/BILLS-113hr3070ih.xml

113-hr-3071

I 113th CONGRESS 1st Session H. R. 3071 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Gingrey of Georgia introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Patient Protection and Affordable Care Act to provide that no Government contribution may be made toward the cost of Exchange coverage for any Member of Congress or congressional staff. 1. Short title This Act may be cited as the No Special Treatment for Congress Act . 2. Government contribution not permitted Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following: (ii) Government contribution not permitted Notwithstanding any provision of chapter 89 of title 5, United States Code, or of any other law, no Government contribution under such chapter may be made for health benefits obtained by any Member of Congress or congressional staff in accordance with clause (i). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3071ih/xml/BILLS-113hr3071ih.xml

113-hr-3072

I 113th CONGRESS 1st Session H. R. 3072 IN THE HOUSE OF REPRESENTATIVES September 9, 2013 Mr. Kildee introduced the following bill; which was referred to the Committee on Agriculture , 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 provide for the establishment of the Local Food for Healthy Families Program. 1. Short title This Act may be cited as the Local Food for Healthy Families Act of 2013 . 2. Local Food for Healthy Families Program (a) Establishment of program The Secretary of Agriculture (hereinafter in this Act referred to as the Secretary unless the context specifies otherwise) shall establish the Local Food for Healthy Families Program for the purpose of making grants to certain entities to carry out projects to provide incentives to low-income families receiving supplemental nutrition assistance program benefits to purchase fruits and vegetables. (b) Administrative costs Not more than 10 percent of the funds made available to carry out this Act for a fiscal year may be used by the Secretary to administer, evaluate, and monitor this Act for such fiscal year. (c) Advisory committee The Secretary shall convene an advisory committee composed of representatives of organizations that have prior experience implementing local fruit and vegetable incentive programs to advise him on the design of the Local Food for Healthy Families Program. 3. Eligible entities (a) Applications Subject to subsection (b), to be eligible to receive a grant to carry out a project under this Act, the following entities may submit to the Secretary an application that contains such information and assurances, at such time and in such form, as the Secretary may require by rule: (1) Private nonprofit entities. (2) Agricultural cooperatives. (3) Producer networks or associations. (4) Community health organizations. (5) Public benefit corporations. (6) Economic development cooperatives. (7) Farmers’ markets. (8) Community supported agriculture programs. (9) Buying clubs. (10) Retail food stores that participate in the supplemental nutrition assistance program. (11) State, local, or tribal agencies. (b) Required assurance An application submitted under subsection (a) shall include an assurance that the applicant will impose on recipients of incentives under this Act the same terms and conditions that apply to purchases made by individuals using supplemental nutrition assistance program benefits. 4. Priority In making grants under section 2, the Secretary shall give priority to eligible entities that— (1) are located in underserved communities, (2) provide locally produced fruits and vegetables, (3) maximize the share of funds used for direct incentives to participants, (4) use direct-to-consumer sales marketing, (5) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers, (6) develop innovative linkages between for-profit and nonprofit organizations, and (7) address other criteria as established by the Secretary. 5. Matching funds requirement (a) Federal share of costs Not more than 50 percent of the cost of any project for which a grant is made under section 2 may be paid with Federal funds. (b) Non-Federal share of costs An eligible entity that applies for a grant under section 2 shall agree to provide not less than 50 percent of the cost of the project for which application is submitted from non-Federal sources, except that— (1) an eligible entity that is a nonprofit entity may value in cash or in-kind (fairly evaluated) its share of the cost of such project, and (2) an eligible entity that is a for-profit entity may value only in cash (and may not include services of an employee, including salaries paid or expenses covered by the employer) its share of the cost of such project. 6. Independent evaluations The Secretary shall provide for an independent evaluation of each project for which a grant is made under this Act. Such evaluation shall— (1) measure the impact of such project on— (A) improving the nutrition and health status of families that participate in projects carried out under this Act, and (B) increasing the quantity of fruits and vegetables purchased by such families, and (2) use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of such project. 7. Technical assistance and related information (a) Technical assistance In carrying out this Act, the Secretary may provide technical assistance regarding the operation of the Local Food for Healthy Families Program to entities that request such information. (b) Sharing information The Secretary may provide for sharing of information concerning the operation of the Local Food for Healthy Families Program, the operation of projects carried out under such program, and the issues arising from such program and such projects, with and among— (1) governmental, for-profit, and nonprofit groups, and the public through publications, conferences, and other appropriate forums, and (2) researchers, practitioners, and other interested persons. 8. Treatment of funds (a) In general The value of any incentive provided under this Act to a participating family shall not be considered income or resources for any purpose under any Federal, State, or local law. (b) No limitation on benefits A grant made available under this Act shall not be used to carry out any project that limits the use of benefits provided under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or any other Federal nutrition law. (c) Household allotment Incentives provided under this Act to families that receive supplemental nutrition assistance program benefits shall not— (1) be considered to be part of such benefits; or (2) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2022 ). 9. Appropriation of funds Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the Local Food for Healthy Families Program $20,000,000 for each of the fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr3072ih/xml/BILLS-113hr3072ih.xml

113-hr-3073

I 113th CONGRESS 1st Session H. R. 3073 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. Roe of Tennessee introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to require that supplemental nutrition assistance benefits be used to purchase only supplemental foods that are eligible for purchase under section 17 of the Child Nutrition Act of 1966 (commonly known as the WIC program). 1. Short title This Act may be cited as the Healthy Food Choices Act of 2013 . 2. Amendment Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) ) is amended to read as follows: (k) Food means a supplemental food of the kind prescribed by the Secretary under section 17(b)(14) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(14)). . 3. Effective date This Act shall take effect on January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3073ih/xml/BILLS-113hr3073ih.xml

113-hr-3074

I 113th CONGRESS 1st Session H. R. 3074 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. Fincher (for himself and Mrs. Black ) 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 the Secretary of the Treasury to notify the taxpayer each time the taxpayer’s information is accessed by the Internal Revenue Service. 1. Short title This Act may be cited as the IRS Abuse Protection Act of 2013 . 2. Notice relating to accessing account, return, or return information (a) In general Section 6103 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q) Notice relating to accessing account, return, or return information (1) In general The Secretary shall provide notice, in writing, to a taxpayer any time the taxpayer’s account, return, or return information is accessed by the Secretary. (2) Special rules relating to investigations (A) Investigations by the Secretary In the case of any civil or criminal investigation, the notice required by paragraph (1) shall be provided not later than 1 year after such investigation is closed. (B) Investigations by States In the case of any investigation by a State using information provided pursuant to subsection (d), the notice required by paragraph (1) shall be provided after the Secretary receives notice with respect to such investigation pursuant to subsection (d)(7). Notice provided pursuant to this subparagraph shall include all information provided to the Secretary pursuant to subsection (d)(7). (3) Notice The notice required by paragraph (1) shall include the following: (A) Who accessed such account, return, or return information. (B) The purpose for which such account, return, or return information was accessed. (C) How such account, return, or return information was accessed. (4) Copy of information accessed In addition to the notice required to be provided by paragraph (1), the Secretary shall provide with such notice a copy of all information accessed. (5) Subsequent use of accessed information If a report or other use of an account, return, or return information for which notice is provided under paragraph (1) is made, the Secretary shall provide such report or a report of such use to the taxpayer. (6) Taxpayer rights The Secretary shall include with each notice provided under this subsection a notice of taxpayer rights pursuant to the Taxpayer Bill of Rights 2. . (b) Availability of Inspector General for Tax Administration reports Section 7803(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Availability of Inspector General for Tax Administration reports If the Inspector General for Tax Administration investigates any unauthorized use a taxpayer’s account, return, or return information, the Inspector General for Tax Administration shall notify the taxpayer of such investigation and provide full access to any report by the Inspector General for Tax Administration with respect to the investigation. . (c) State access to taxpayer information Section 6103(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Submission of notification to Secretary The Secretary may not provide any access or disclosure under the preceding paragraphs of this subsection until the entity to be provided access or disclosure agrees to notify the Secretary within 1 year after an investigation is closed the identity of who accessed such information, what was accessed, why it was accessed and how it was accessed. . (d) Reports of Unauthorized access to Congress Section 6103(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Unauthorized access reports, etc Notwithstanding any other provision of this section, the Secretary with respect to Internal Revenue Service employees, and the Inspector General for Tax Administration with respect to any audit, shall submit to each member of the committees referred to in paragraph (1) any report of the Secretary or the Inspector General for Tax Administration, as the case may be, regarding unauthorized access, violation of rights, laws, or any rules or regulations of the Internal Revenue Service. . (e) Effective dates (1) Subsection (a) The amendment made by subsection (a) shall apply with respect to information accessed after the date of the enactment of this Act. (2) Subsection (b) The amendment made by subsection (b) shall apply with respect to investigations closed after the date of the enactment of this Act. (3) Subsection (c) The amendment made by subsection (c) shall apply to access and disclosures after the date of the enactment of this Act. (4) Subsection (d) The amendment made by subsection (d) shall apply with respect to information accessed and reports prepared after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3074ih/xml/BILLS-113hr3074ih.xml

113-hr-3075

I 113th CONGRESS 1st Session H. R. 3075 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. Rush introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to conduct a study to determine the feasibility of designating the study area as the Black Metropolis National Heritage Area in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the Black Metropolis National Heritage Area Study Act . 2. Findings Congress finds the following: (1) The Black Metropolis area on Chicago, Illinois’ South Side has a cohesive and distinctive history as well as an important streetscape that distinguishes the area as worthy of designation as a National Heritage Area. (2) The historic features of Chicago’s Black Metropolis predate the Great Migration of 1916–1919 and illustrate its influence on African-American life in Chicago and the Nation as a result of this demographic phenomenon in which 500,000 African-Americans migrated to the North in search of work and other opportunities, with 50,000 of that aggregate relocating in Chicago. (3) The Black Metropolis, as a setting, witnessed some of the finest accomplishments in African-American contributions to Chicago, the State of Illinois, and the Nation, while its legally and socially proscribed citizens challenged their environment and their Nation to fulfill its promise as a place of opportunity for all. (4) These contributions and accomplishments fall into the following main categories: (A) Business and Entrepreneurial Pursuits With State Street developing as the Black Metropolis’ “Wall Street”, the area produced two of the largest Black banking operations in the Nation in the Binga State and Douglass National Banks and scores of smaller businesses ranging from print shops to restaurants to clothing stores to hair salons and barbershops. (B) Culture and Aesthetics The area emerged as a musical mecca ranging from jazz to gospel to delta and urban blues to rhythm and blues and was home for institutions such as the George Cleveland Hall Branch Library, which nurtured literary giants such as Langston Hughes, the South Side Community Arts Center, and the DuSable Museum of African American History and Culture. (C) Education The area includes the first public secondary school in the State of Illinois built specifically to accommodate the educational needs of African-American students, which opened in 1934 at 4934 South Wabash Avenue and was named in honor of Chicago’s first non-native inhabitant and trader, Jean Baptiste Pointe du Sable, a Black man from Haiti, and whose illustrious graduates include Nat “King” Cole and Chicago Mayor Harold Washington. (D) Governance and Politics From its political bases in the area’s Second Ward and the First Congressional District, Chicago’s Black Metropolis proved itself a political center for all African-Americans, producing the first African-American to sit in Congress in the 20th century, the Honorable Oscar DePriest, as well as the first African-American Democratic congressman, the Honorable Arthur W. Mitchell, succeeded by Honorable William L. Dawson, the Honorable Ralph H. Metcalfe, the Honorable Bennett M. Stewart, and the Honorable Harold Washington, later the city’s first elected African-American mayor, and the Honorable Charles A. Hayes. (E) Health Care The area includes Provident Hospital, founded in 1891 by the brilliant African-American surgeon Dr. Daniel Hale Williams and site of the first successful suturing of the human heart by Dr. Williams in 1893. (F) Labor The area was home to millions of unskilled and semi-skilled African-American workers, including the packinghouse workers who arrived during the Great Migration and constituted 25 percent of the stockyards work force during World War I, and the Pullman porters who represented a full 20 percent of the Nation’s African-American workforce during the early 1900s. (G) Military Life and Patriotism African-American men enlisted in the Union Army on the grounds of Camp Douglass within the Black Metropolis area as part of the 29th Infantry Regiment of the United States Colored Troops, and a generation later trained at the Eighth Regiment Armory nearby before embarking for France as part of what President Wilson referred to as the great crusade to “make the world safe for democracy” during World War I. (H) Recreation and Competitive Sports Early on, the Nation’s most popular sports (baseball, boxing, football, track and basketball) enjoyed support from the Black Metropolis’ population and drew participants who earned widespread recognition such as Rube Foster, a native Chicagoan, who founded the Negro Baseball League and its local team, the American Giants. (I) Religion and Church Activism The area includes Quinn Chapel African Methodist Episcopal (A.M.E) Church, an antebellum center of abolitionist activity, and a major station on the Underground Railroad, and with emancipation, there was another religious movement to provide and protect the civil rights of all citizens led by Black Metropolis churches such as Quinn Chapel and Bethel A.M.E. (J) Social Justice and Civil Rights It was from within the Black Metropolis area in the early 20th century that Ida B. Wells-Barnett waged her crusade for justice for African-Americans and women and worked to establish the first National Association for the Advancement of Colored People branch in that group’s national network in 1912. (K) Streetscapes The area includes many historic locations, including those along State Street and 35th Street, ranging from the Overton Hygienic Manufacturing Building at 3617 South State Street and the Chicago Bee Building at 3647 South State Street (both designated as Chicago City Landmarks) to Liberty Life Insurance Company at 3501 South Parkway and a monument and park dedicated to United States Senator Stephen Douglas (designated as a State Landmark) at Lake Park Avenue and 35th Street, green and public spaces, stretching from Chicago’s lakefront to historic park and boulevard systems to the West, and is now the proposed site for the 2016 Olympics in the City of Chicago’s bid to host this event. 3. Definitions In this Act: (1) Heritage area The term Heritage Area means the Black Metropolis National Heritage Area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Study area The term study area means the region bounded as follows: (A) 18th Street on the North and 22nd Street on the South, from Lake Michigan on the East to Wentworth Avenue to the West. (B) 22nd Street on the North to 35th Street on the South, from Lake Michigan on the East to the Dan Ryan Expressway on the West. (C) 35th Street on the North and 47th Street on the South, from Lake Michigan on the East to the B&O Railroad (Stewart Avenue) on the West. (D) 47th Street on the North to 55th Street on the South, from Cottage Grove Avenue on the East to the Dan Ryan Expressway on the West. (E) 55th Street on the North to 67th Street on the South, from State Street on the West to Cottage Grove Avenue/South Chicago Avenue on the East. (F) 67th Street on the North to 71st Street on the South, from Cottage Grove Avenue/South Chicago Avenue on the West to the Metra Railroad tracks on the East. 4. Black metropolis National heritage area study (a) In General The Secretary, in consultation with the managers of any Federal land within the Heritage Area, appropriate State and local governmental agencies, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Black Metropolis National Heritage Area. (b) Requirements The study shall include analysis, documentation, and determinations on whether— (1) the study area— (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) is best managed through agreements between public and private entities at the local or regional level; (D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (F) provides outstanding recreational and educational opportunities; and (G) has resources and traditional uses that have national importance; (2) residents, business interests, nonprofit organizations, the Federal Government (including relevant Federal land management agencies), and State, local, and tribal governments within the study area— (A) are involved in the planning; and (B) have demonstrated significant support through letters and other means for designation and management of the Heritage Area; and (3) the study area has been identified and supported by the public, private business, and local and State agencies. 5. Report Not later than 3 fiscal years after the date on which funds are made available to carry out the this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study.

https://www.govinfo.gov/content/pkg/BILLS-113hr3075ih/xml/BILLS-113hr3075ih.xml

113-hr-3076

I 113th CONGRESS 1st Session H. R. 3076 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. DeSantis (for himself, Mr. Sanford , Mr. Ross , Mr. Latta , Mr. Westmoreland , Mr. Meadows , Mr. Salmon , Mr. Gingrey of Georgia , Mr. Yoho , Mr. Jordan , Mr. Rothfus , Mr. Massie , Mr. Smith of Missouri , Mr. Mulvaney , Mr. Duncan of South Carolina , and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on House Administration , Ways and Means , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act with respect to health insurance coverage for certain congressional staff and political appointees in the executive branch, and for other purposes. 1. Short title This Act may be cited as the James Madison Congressional Accountability Act . 2. Health insurance coverage for certain Congressional staff and members of the executive branch Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) by striking the subparagraph heading and inserting the following: (D) Members of Congress, congressional staff, and political appointees in the exchange ; (2) in clause (i), in the matter preceding subclause (I)— (A) by striking and congressional staff with and inserting , congressional staff, the President, the Vice President, and political appointees with ; and (B) by striking or congressional staff shall and inserting , congressional staff, the President, the Vice President, or a political appointee shall ; (3) in clause (ii)— (A) in subclause (II), by inserting after Congress, the following: of a committee of Congress, or of a leadership office of Congress, ; and (B) by adding at the end the following: (III) Political appointee The term political appointee means any individual who— (aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); (bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or (cc) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ; and (4) by adding at the end the following: (iii) Government contribution No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. (iv) Limitation on amount of tax credit or cost-sharing An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. (v) Limitation on discretion for designation of staff Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3076ih/xml/BILLS-113hr3076ih.xml

113-hr-3077

I 113th CONGRESS 1st Session H. R. 3077 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. Nunes (for himself and Mr. Pallone ) 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 permit certain Medicare providers licensed in a State to provide telemedicine services to certain Medicare beneficiaries in a different State. 1. Short title This Act may be cited as the TELEmedicine for MEDicare Act of 2013 or as the TELE–MED Act of 2013 . 2. Permitting certain Medicare providers licensed in a State to provide telemedicine services to certain Medicare beneficiaries in a different State Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: 1899B. Permitting certain Medicare providers licensed in a State to provide telemedicine services to certain Medicare beneficiaries in a different State (a) In general In the case of a Medicare participating physician or practitioner who is licensed or otherwise legally authorized to provide a health care service in a State, such physician or practitioner may provide such a service as a telemedicine service to a Medicare beneficiary who is in a different State, and any requirement that such physician or practitioner obtain a comparable license or other comparable legal authorization from such different State with respect to the provision of such health care service by such physician or practitioner to such beneficiary shall not apply. (b) Enforcement With respect to the provision of a service pursuant to this section, the licensing or authorizing State has jurisdiction to enforce the licensure or other legal authorization requirements of such primary State, including through disciplinary actions used by such State as of the day before the date of the enactment of this section. (c) Process To establish telemedicine service definition Not later than 9 months after the date of the enactment of this section, the Secretary shall issue guidance to the States for developing a definition of the term telemedicine services for purposes of applying this section. For purposes of issuing such guidance, the Secretary shall solicit input from relevant stakeholders, including patients, health care providers, State government officials, health technology developers, insurers, employers, licensing boards, community health organizations, and other Federal agencies. (d) Report Not later than 12 months after the date of the enactment of this section, the Secretary shall submit to Congress a report on the plans to develop and expand the use of current and emerging Internet and communications technologies to expand access of Medicare beneficiaries to health programs. (e) Definitions For purposes of this section: (1) Medicare beneficiary The term Medicare beneficiary means an individual entitled to benefits under part A or enrolled under part B. (2) Qualifying physician or practitioner The term Medicare participating physician or practitioner means the following: (A) A physician (as defined in section 1861(r)) who is a participating physician or supplier (as defined in section 1842(h)(1)). (B) A practitioner (as defined in section 1842(b)(18)(C)) who is a participating physician or supplier (as defined in section 1842(h)(1)). (f) Construction Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3077ih/xml/BILLS-113hr3077ih.xml

113-hr-3078

I 113th CONGRESS 1st Session H. R. 3078 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. Smith of Washington 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 disregard amounts transferred from a traditional IRA to a Roth IRA in computing income for purposes of determining the income-related premiums under parts B and D of the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Roth IRA Flexibility Act of 2013 . 2. Disregarding amounts transferred from a traditional IRA to a Roth IRA in computing income for purposes of determining the income-related premiums under parts B and D of the Medicare program (a) In general Section 1839(i)(4)(A)(i) of the Social Security Act ( 42 U.S.C. 1395r(i)(4)(A)(i) ) is amended by inserting and without regard to any distribution to which paragraph (3) of section 408A(d) of such Code (relating to rollovers from an eligible retirement plan other than a Roth IRA) applies before the semicolon. (b) Disclosure authority Section 6103(l)(20)(A) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively, and (2) by inserting after clause (vi) the following new clause: (vii) the amounts included in the taxpayer’s gross income under section 408A(d)(3) to the extent such information is available, . (c) Premium rebate based on certain previous distributions The Secretary of Health and Human Services shall provide, in collaboration with the Commissioner of Social Security, to an individual a refund of the premiums paid under parts B and D of title XVIII of the Social Security Act by the individual in an amount that is equal to the difference between such premiums paid by the individual and the premiums that would have been paid by the individual if distributions to which section 408A(d)(3) of the Internal Revenue Code of 1986 relate which were made on or after January 1, 2011, had not been taken into account. The Secretary of the Treasury, acting under section 6103(l)(20) of the Internal Revenue Code of 1986 and through the Commissioner of Social Security, shall provide such information as may be necessary to carry out the previous sentence and for purposes of subparagraph (B) of such section, activities to carry out this subsection shall be deemed to be related to establishing the appropriate amount of a premium adjustment under section 1839(i) of the Social Security Act. (d) Effective dates (1) In general The amendment made by subsection (a) shall apply with respect to premiums for months in years beginning more than 90 days after the date of the enactment of this Act. (2) Disclosure authority The amendments made by subsection (b) shall apply to requests for disclosure made after the date of the enactment of this Act (with respect to taxable years beginning before, on, or after such date).

https://www.govinfo.gov/content/pkg/BILLS-113hr3078ih/xml/BILLS-113hr3078ih.xml

113-hr-3079

V 113th CONGRESS 1st Session H. R. 3079 IN THE HOUSE OF REPRESENTATIVES September 10, 2013 Mr. Pastor of Arizona introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Jesus Garcia Flores. 1. Permanent resident status for Jesus Garcia Flores (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jesus Garcia Flores shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Jesus Garcia Flores enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Jesus Garcia Flores, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Jesus Garcia Flores shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .

https://www.govinfo.gov/content/pkg/BILLS-113hr3079ih/xml/BILLS-113hr3079ih.xml

113-hr-3080

I 113th CONGRESS 1st Session H. R. 3080 IN THE HOUSE OF REPRESENTATIVES September 11, 2013 Mr. Shuster (for himself, Mr. Rahall , Mr. Gibbs , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on the Budget , Ways and Means , and 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 provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Water Resources Reform and Development Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Program Reforms and Streamlining Sec. 101. Vertical integration and acceleration of studies. Sec. 102. Expediting the evaluation and processing of permits. Sec. 103. Environmental streamlining. Sec. 104. Consolidation of studies. Sec. 105. Removal of duplicative analyses. Sec. 106. Expediting approval of modifications and alterations of projects by non-Federal interests. Sec. 107. Construction of projects by non-Federal interests. Sec. 108. Contributions by non-Federal interests. Sec. 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities. Sec. 110. Clarification of impacts to other Federal facilities. Sec. 111. Clarification of previously authorized work. Sec. 112. Tribal partnership program. Sec. 113. Technical corrections. Sec. 114. Water infrastructure public-private partnership pilot program. Sec. 115. Annual report to Congress. Sec. 116. Actions to be taken in conjunction with the President’s annual budget submission to Congress. Sec. 117. Hurricane and storm damage reduction study. Sec. 118. Non-Federal plans to provide additional flood risk reduction. Sec. 119. Review of emergency response authorities. Sec. 120. Emergency communication of risk. Sec. 121. Improvements to the National Dam Safety Program Act. Sec. 122. Restricted areas at Corps of Engineers dams. Sec. 123. Levee safety. Sec. 124. Vegetation on levees. Sec. 125. Reduction of Federal costs. Sec. 126. Advanced modeling technologies. Sec. 127. Enhanced use of electronic commerce in Federal procurement. Sec. 128. Corrosion prevention. Sec. 129. Resilient construction and use of innovative materials. Sec. 130. Assessment of water supply in arid regions. Sec. 131. River basin commissions. Sec. 132. Sense of Congress regarding water resources development bills. Title II—Navigation Improvements Subtitle A—Ports Sec. 201. Expanded use of Harbor Maintenance Trust Fund. Sec. 202. Assessment and prioritization of operation and maintenance. Sec. 203. Preserving United States harbors. Sec. 204. Consolidation of deep draft navigation expertise. Sec. 205. Disposal sites. Subtitle B—Inland Waterways Sec. 211. Definitions. Sec. 212. Project delivery process reforms. Sec. 213. Efficiency of revenue collection. Sec. 214. Inland waterways revenue studies. Sec. 215. Inland waterways stakeholder roundtable. Sec. 216. Preserving the Inland Waterway Trust Fund. Sec. 217. Public comment on lock operations. Sec. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway. Sec. 219. Upper Mississippi River protection. Sec. 220. Corps of Engineers lock and dam energy development. Title III—Deauthorizations and Backlog Prevention Sec. 301. Deauthorization of inactive projects. Sec. 302. Review of Corps of Engineers assets. Sec. 303. Backlog prevention. Sec. 304. Deauthorizations. Sec. 305. Land conveyances. Title IV—Water Resources Infrastructure Sec. 401. Authorization of final feasibility studies. Sec. 402. Project modifications. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. I Program Reforms and Streamlining 101. Vertical integration and acceleration of studies (a) In general To the extent practicable, a feasibility study initiated by the Secretary, after the date of enactment of this Act, under section 905(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(a) ) shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section. (b) Exception If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated feasibility study schedule and cost estimate; (2) notify the non-Federal feasibility cost sharing partner that the feasibility study has been delayed; and (3) provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate as to the reasons the requirements of subsection (a) are not attainable. (c) Termination of authorization A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day. (d) Report Not later than 4 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 Environment and Public Works of the Senate a report that describes— (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section; (2) the amount of time taken to complete each such feasibility study; and (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. (e) Reviews Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall— (1) take all steps necessary to initiate the federally mandated reviews that the Secretary is required to complete as part of the study, including environmental reviews; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2045(d) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348(d) ), as amended by this Act, and that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; (3) provide the agencies referred to in paragraph (2) with all relevant information related to the scope and potential impacts of the project, including environmental impacts; and (4) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. 102. Expediting the evaluation and processing of permits Section 214 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2201 note) is amended— (1) in subsection (a)— (A) by inserting or public-utility company (as defined in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 )) after non-Federal public entity ; (B) by inserting or company after that entity ; and (C) by adding at the end the following: To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section. ; and (2) by striking subsection (e). 103. Environmental streamlining (a) Declaration of policy (1) In general Congress declares that— (A) the benefits of water resources projects are important to the Nation’s economy and environment; (B) it is in the national interest to expedite the delivery of water resources projects; (C) it is in the national interest for Federal and State agencies, local governments, Indian tribes, and other entities involved in water resources projects— (i) to accelerate study completion and project delivery and to reduce costs; and (ii) to ensure that the planning, design, engineering, construction, and funding of water resources projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater local and private sector involvement in project financing and delivery while addressing public safety and protecting the environment; and (D) delay in the delivery of water resources studies and projects— (i) increases project costs, flood risks, and local and Federal expenditures for emergency management and recovery; (ii) harms the economy of the United States; and (iii) impedes the shipment of goods for the conduct of commerce. (2) Policy Given the declarations set forth in paragraph (1), it is the policy of the United States that— (A) recommendations to Congress regarding such projects should be accelerated by coordinated and efficient environmental reviews and cooperative efforts to quickly resolve disputes during the development of water resources projects; (B) the Secretary shall have the lead role among Federal agencies in facilitating the environmental review process for water resources projects; (C) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for water resources projects; (D) programmatic approaches shall be used if applicable to reduce the need for project-by-project reviews and decisions by Federal agencies; (E) the Secretary shall identify opportunities for non-Federal sponsors to assume responsibilities of the Secretary if such responsibilities can be assumed in a manner that protects public health and safety, the environment, and public participation; and (F) the Assistant Secretary of the Army for Civil Works shall identify and promote the deployment of innovations aimed at reducing the time and money required to deliver water resources projects while protecting the environment. (b) Streamlined project delivery (1) In general Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows: 2045. Streamlined project delivery (a) Definitions In this section, the following definitions apply: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations. (4) Project The term project means a Corps of Engineers water resources project. (5) Project sponsor The term project sponsor means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). (6) Project study The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ). (b) Applicability The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and may be applied, to the extent determined appropriate by the Secretary, to other project studies for which an environmental review process document is prepared under such Act. (c) Lead agencies (1) Federal lead agency The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study. (2) Non-Federal project sponsor as joint lead agency At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), a non-Federal project sponsor that is an agency defined in subsection (a)— (A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document. (3) Adoption and use of documents Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Roles and responsibility of Federal lead agency With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (d) Participating and cooperating agencies (1) Identification The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) Invitation (A) In general The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (3) Federal cooperating agency Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project study; and (C) does not intend to submit comments on the project study. (4) Effect of designation (A) Requirement A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section. (B) Implication Designation under this subsection shall not imply that the participating or cooperating agency— (i) supports a proposed project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (5) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (e) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public; (D) allow not less than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (f) Coordinated reviews (1) Coordination plan (A) Establishment The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study. (B) Incorporation In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (2) Schedule (A) In general The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013. (B) Factors for consideration In establishing the schedule, the Federal lead agency shall consider factors such as— (i) the responsibilities of participating and cooperating agencies under applicable laws; (ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable; (iii) the overall size and complexity of the project; (iv) the overall schedule for and cost of the project; and (v) the sensitivity of the natural and historic resources that may be affected by the project. (C) Consistency with other time periods A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law. (D) Modification The Federal lead agency may— (i) lengthen a schedule established under subparagraph (A) for good cause; or (ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable. (E) Dissemination A copy of a schedule established under subparagraph (A) shall be— (i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and (ii) made available to the public. (3) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other comment periods For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or (ii) the deadline is extended by the Federal lead agency for good cause. (4) Deadlines for decisions under other laws (A) Prior Approval deadline If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first. (B) Other deadlines With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first. (C) Record closed In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval. (g) Issue identification and resolution (1) Cooperation The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Participating and cooperating agency responsibilities Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by Secretary The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (h) Streamlined documentation and decisionmaking (1) In general The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Condensed format A condensed final environmental impact statement for a project study in the environmental review process shall consist only of— (A) an incorporation by reference of the draft environmental impact statement; (B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and (C) responses to comments on the draft environmental impact statement and copies of the comments. (3) Timing of decision Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if— (A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and (B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures. (i) Limitations Nothing in this section shall preempt or interfere with— (1) any practice of seeking, considering, or responding to public comment; or (2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project. (j) Timing of claims (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. (k) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall— (A) survey the use by the Corps of Engineers of categorical exclusions in projects; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (l) Implementation guidance The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section. . (2) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 is amended by striking the item relating to section 2045 and inserting the following: 2045. Streamlined project delivery. . (c) Categorical exclusion in emergencies For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, if such repair or reconstruction activity is in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section. 104. Consolidation of studies (a) In general (1) Repeal Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed. (2) Conforming amendment Section 905(a)(1) of such Act ( 33 U.S.C. 2282(a)(1) ) is amended by striking perform a reconnaissance study and . (b) Contents of feasibility reports Section 905(a)(2) of such Act ( 33 U.S.C. 2282(a)(2) ) is amended by adding at the end the following: A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. . (c) Applicability The Secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this Act as if this section, including the amendments made by this section, had not been enacted. 105. Removal of duplicative analyses Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed. 106. Expediting approval of modifications and alterations of projects by non-Federal interests (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (b) Section 14 application defined In this section, the term section 14 application means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 3, 1899 (commonly known as the Rivers and Harbors Appropriation Act of 1899 ) ( 33 U.S.C. 408 ). (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (a), the Secretary shall— (A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete; (B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner. (2) Benchmark goals (A) Benchmark goals for determining whether section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing completed applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the applicant; and (B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review. (d) Failure To achieve benchmark goals In any case in which the Secretary fails make a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of— (1) why the Secretary failed to make a decision in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will require to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. 107. Construction of projects by non-Federal interests (a) Construction of water resources development projects Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) is amended— (1) in the section heading by striking flood control and inserting water resources development ; and (2) by striking flood control each place it appears and inserting water resources development . (b) Completion of studies and design activities Section 211(c) of such Act ( 33 U.S.C. 701b–13(c) ) is amended by striking date of the enactment of this Act and inserting date of enactment of the Water Resources Reform and Development Act of 2013 . (c) Authority To carry out improvements Section 211(d)(1) of such Act ( 33 U.S.C. 701b–13(d)(1) ) is amended— (1) by striking subparagraph (A)(i) and inserting the following: (i) In general A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if— (I) the Secretary approves the project for construction; and (II) the project is specifically authorized by Congress. ; and (2) by striking subparagraph (B) and inserting the following: (B) Studies and design activities under subsection (c) Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if— (i) a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been filed for the project or element; and (ii) the project is specifically authorized by Congress. . (d) Reimbursement Section 211(e) of such Act ( 33 U.S.C. 701b–13(e) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B) by striking and at the end; (B) in subparagraph (C) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) if the project is specifically authorized by Congress. ; (2) by striking paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; and (3) in paragraph (5) (as so redesignated)— (A) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (B) in subparagraph (B) (as so redesignated)— (i) by striking At the request and inserting In accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), at the request ; and (ii) by inserting before the period at the end the following: , or toward the non-Federal share of any other authorized water resources development study or project of such non-Federal interest . (e) Other matters Section 211 of such Act ( 33 U.S.C. 701b–13 ) is amended— (1) by striking subsections (f) and (g); and (2) by adding at the end the following: (f) Operation and maintenance of navigation projects Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and (4) the project is specifically authorized by Congress. (g) Implementation All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section. (h) Notification of committees The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section. . (f) Repeals The following provisions are repealed: (1) Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). (2) Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ). (3) Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646). 108. Contributions by non-Federal interests (a) In general Section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), is amended— (1) by striking from States and political subdivisions thereof, and inserting from a non-Federal interest (as defined in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b )) ; (2) by striking , which includes planning and design ; (3) by inserting , including a project for navigation on the inland waterways, after study or project ; (4) by striking by States and political subdivisions thereof, and inserting by a non-Federal interest ; (5) by striking : Provided further , That the term States means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes ; and (6) by inserting : And provided further , That the term work means the planning, design, or construction of an authorized water resources development study or project, or the repair, restoration, or replacement of an authorized water resources development project that has been damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) after contributing interests . (b) Notification for contributed funds Prior to the initiation of negotiations for accepting contributed funds under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved June 22, 1936 ( 33 U.S.C. 701h ), the Secretary shall provide written notice to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (c) Technical amendments The following provisions are repealed: (1) Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858). (2) Section 4 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved March 4, 1915 ( 33 U.S.C. 560 ). 109. Contributions by non-Federal interests for management of Corps of Engineers inland navigation facilities (a) In general Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 ) is amended— (1) by striking the section designation and heading and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities ; (2) in subsection (a) by striking managing recreational facilities and inserting operating, maintaining, and managing inland navigational facilities, recreational facilities, ; and (3) in subsection (b) by striking and management of recreational facilities and inserting , maintenance, and management of inland navigation facilities, recreational facilities, . (b) Clerical amendment The table of contents contained in section 1(b) of the Water Resources Development Act of 1992 is amended by striking the item relating to section 225 and inserting the following: 225. Contributions by non-Federal interests for management of Corps of Engineers facilities. . 110. Clarification of impacts to other Federal facilities In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing such facilities. 111. Clarification of previously authorized work (a) In general The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. (b) Cost sharing (1) In general Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. (2) Operation and maintenance The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section. 112. Tribal partnership program (a) In general Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— (1) in subsection (d)(1)(B)— (A) by striking The ability and inserting the following: (i) In general The ability ; and (B) by adding at the end the following: (ii) Determination Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i). ; and (2) by striking subsection (e) and inserting the following: (e) Restrictions The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023. . (b) Cooperative agreements with Indian tribes The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources. 113. Technical corrections (a) Limitation; statutory construction Section 221(a)(4)(E) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause (ii) and inserting the following: (ii) Limitation In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply— (I) the specific provision of law instead of this paragraph; or (II) at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request. (iii) Statutory construction Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C). . (b) Water resources project defined Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— (1) by moving paragraphs (1) and (2) and the matter following paragraph (2) 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking (b) Definition and all that follows through The term and inserting the following: (b) Definitions (1) Non-Federal interest The term ; and (4) by adding at the end the following: (2) Water resources project The term water resources project includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes. . (c) Correction Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking enforcible and inserting enforceable . (d) Federal allocation Section 2008(a) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(a) ) is amended by adding at the end the following: This subsection shall apply without regard to whether the original partnership agreement was entered into before, on, or after the date of enactment of this subsection. . (e) In-Kind credit Section 221(a)(4)(C) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) is amended by striking In any case and all that follows through the period at the end and inserting the following: (i) Construction (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. (II) Eligibility Construction that is carried out after the execution of an agreement under subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement, shall be eligible for credit. (ii) Planning (I) In general In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such planning and shall do so prior to the non-Federal interest initiating that planning. (II) Eligibility Planning that is carried out by the non-Federal interest after the execution of an agreement under subclause (I) shall be eligible for credit. . 114. Water infrastructure public-private partnership pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-Federal interests to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, and hurricane and storm damage reduction. (b) Purposes The purposes of the pilot program established under subsection (a) are— (1) to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and (2) to evaluate the technical, financial, and organizational benefits of allowing a non-Federal interest to carry out and manage the design or construction (or both) of 1 or more of such projects. (c) Subsequent appropriations Any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the pilot program established under subsection (a), the Secretary shall— (1) identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction; (2) notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each project identified under paragraph (1); (3) in consultation with the non-Federal interest associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (4) at the request of the non-Federal interest associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal interest under which the non-Federal interest is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (5) following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal interest for that work; and (6) regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) is significant to the economy of the United States; (2) leverages Federal investment by encouraging non-Federal contributions to the project; (3) employs innovative project delivery and cost-saving methods; (4) received Federal funds in the past and experienced delays or missed scheduled deadlines; (5) has unobligated Corps of Engineers funding balances; and (6) has not received Federal funding for recapitalization and modernization since the project was authorized. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(4), a non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated funding levels, that specifies deadlines for each milestone with respect to the project. (g) Payment Payment to the non-Federal interest for work completed pursuant to a project partnership agreement under subsection (d)(4) may be made from— (1) if applicable, the balance of the unobligated amounts appropriated for the project; (2) other amounts appropriated to the Corps of Engineers, except that the total amount transferred to the non-Federal interest may not exceed the estimate of the Federal share of the cost of construction, including any required design; and (3) revenue generated by the project. (h) Technical assistance At the request of a non-Federal interest participating in the pilot program established under subsection (a), the Secretary may provide to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary, technical assistance with respect to— (1) a study, engineering activity, or design activity related to a project carried out by the non-Federal interest under the program; and (2) obtaining permits necessary for such a project. (i) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in water resources development projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects; and (C) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under subparagraph (B). (2) Rule of construction Nothing in this section may be construed to allow the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (j) Public benefit studies (1) In general Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant non-Federal interest and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings for taxpayers. (k) Non-Federal funding A project carried out under the pilot program established under subsection (a) may consist of the non-Federal interest financing the non-Federal share of the project. (l) Applicability of Federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to a non-Federal interest carrying out a project under this section. (m) Cost share Nothing in this section affects a cost-sharing requirement under Federal law that is applicable to a project carried out under the pilot program established under subsection (a). (n) Report Not later than 3 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 Environment and Public Works of the Senate a report describing the results of the pilot program established under subsection (a), including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (o) Non-Federal interest defined In this section, the term non-Federal interest includes non-Federal government entities and private entities. 115. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report, to be entitled Report to Congress on Future Water Resources Development , that identifies the following: (1) Feasibility reports Each feasibility report that meets the criteria established in subsection (c)(1)(A). (2) Proposed feasibility studies Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for such proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of such publication to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (c) Contents (1) Feasibility reports, proposed feasibility studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that— (i) the Secretary determines are related to the missions and authorities of the Corps of Engineers; (ii) require specific authorization by Congress in law or otherwise; (iii) are not authorized by Congress; (iv) have not been included in any previous annual report; and (v) if authorized and funded, could be carried out by the Corps of Engineers. (B) Description of benefits For each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the Secretary shall describe the potential benefit of the proposed feasibility study or modification, including, to the extent applicable, whether the water resources development project that is the subject of the proposed feasibility study, or the proposed modification, will— (i) reduce risks to human life or public safety or property; (ii) benefit the national economy; (iii) stimulate the creation of jobs; (iv) reduce the need for future disaster relief; (v) promote the development and delivery of domestic energy resources; (vi) improve the competitiveness of United States exports; (vii) improve water-related transportation for interstate or international commerce; (viii) restore or protect, or mitigate the impacts of a water resources development project on, the environment; or (ix) promote the use of cost-effective and sustainable solutions to water resources challenges. (2) Transparency The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the feasibility report; (ii) the proposed feasibility study; (iii) the authorized feasibility study for which the modification is proposed; or (iv) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; (bb) the proposed feasibility study; or (cc) the authorized feasibility study for which a modification is proposed; or (II) the proposed modification to an authorized water resources development project; (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study; (D) an estimate of the Federal, non-Federal, and total costs of— (i) the proposed feasibility study, or proposed modification to an authorized feasibility study; and (ii) construction of— (I) the water resources development project that is the subject of— (aa) the feasibility report; or (bb) the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized water resources development project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the water resources development project that is the subject of— (I) the feasibility report; (II) the proposed feasibility study; or (III) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized water resources development project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria in subsection (c)(1)(A). (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 30 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 90 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section; and (3) not later than 180 days after the date of enactment of this Act, submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (e) Publication Upon submission of the annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definitions In this section, the following definitions apply: (1) Annual report The term annual report means the report required by subsection (a). (2) Feasibility report The term feasibility report means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), and includes— (A) a report described in section 105(d)(2) of such Act ( 33 U.S.C. 2215(d)(2) ); and (B) where applicable, any associated report of the Chief of Engineers. (3) Feasibility study The term feasibility study has the meaning given that term in section 105 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215 ). (4) Non-Federal interest The term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ). 116. Actions to be taken in conjunction with the President’s annual budget submission to Congress (a) Recommendations for Corps of Engineers construction projects in President’s budget (1) In general For each fiscal year, as part of the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the President shall— (A) identify and recommend Corps of Engineers construction projects for which Congress should provide funding at the full level authorized for the project; and (B) provide an explanation of the process used by the President in making the recommendations. (2) Covered period The President shall make recommendations under paragraph (1) for the fiscal year for which the budget submission is prepared and each of the succeeding 4 fiscal years. (3) Basis for making recommendations The President shall base recommendations under paragraph (1) on the assumption that $2,000,000,000 will be appropriated for Corps of Engineers construction projects for each fiscal year. (b) Missouri River Basin To assist in the prioritization of Federal activities carried out related to the project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization and Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), and in conjunction with the President’s submission to Congress of a budget under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report that provides— (1) an inventory of all Federal actions taken and a prioritization of all Federal actions planned in furtherance of the project, including an inventory of lands owned, acquired, or directly controlled by the Federal Government, and lands enrolled in federally assisted conservation programs; (2) a description of the specific Federal actions proposed for the upcoming fiscal year in furtherance of the project; (3) an assessment of the progress made in furtherance of the project, including a description of how each of the actions identified under paragraph (1) have impacted such progress; and (4) an assessment of additional actions necessary to achieve the results of the project. 117. Hurricane and storm damage reduction study As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading Department of the Army—Corps of Engineers—Civil—Investigations (127 Stat. 5), the Secretary shall make specific project recommendations. The Secretary may include those recommendations in the report entitled Report to Congress on Future Water Resources Development , developed in accordance with this Act. 118. Non-Federal plans to provide additional flood risk reduction (a) In general If requested by a non-Federal interest, the Secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that— (1) the plan is technically feasible and environmentally acceptable; and (2) the benefits of the plan exceed the costs of the plan. (b) Non-Federal costs If the Secretary carries out a locally preferred plan under subsection (a), the cost attributable to the higher level of protection provided under the plan shall be paid by the non-Federal interest. 119. Review of emergency response authorities (a) In general The Secretary shall undertake a review of implementation of section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n ), to evaluate the alternatives available to the Secretary to ensure— (1) the safety of affected communities to future flooding and storm events; (2) the resiliency of water resources development projects to future flooding and storm events; (3) the long-term cost effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits; and (4) the policy goals and objectives that have been outlined by the President as a response to recent extreme weather events, including Hurricane Sandy, that relate to preparing for future floods are met. (b) Scope of review In carrying out the review, the Secretary shall— (1) review the historical precedents and implementation of section 5 of such Act, including those actions undertaken by the Secretary, over time, under that section— (A) to repair or restore a project; and (B) to increase the level of protection for a damaged project to address future conditions; (2) evaluate the difference between adopting, as an appropriate standard under section 5 of such Act, the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection, including an assessment for each standard of— (A) the implications on populations at risk of flooding or damage; (B) the implications on probability of loss of life; (C) the implications on property values at risk of flooding or damage; (D) the implications on probability of increased property damage and associated costs; (E) the implications on local and regional economies; and (F) the estimated total cost and estimated cost savings; (3) incorporate the science on expected rates of sea-level rise and extreme weather events; and (4) incorporate the work completed by the Hurricane Sandy Rebuilding Task Force, established by Executive Order 13632 (December 7, 2012). (c) Report to Congress Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the review. 120. Emergency communication of risk (a) In general In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with— (1) timely information regarding expected water levels; (2) advice regarding appropriate preparedness actions; (3) technical assistance; and (4) any other information or assistance determined appropriate by the Secretary. (b) Procedures The Secretary shall utilize the procedures only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan. (c) Definitions In this section, the following definitions apply: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood. (2) Annual operating plan The term annual operating plan means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year. 121. Improvements to the National Dam Safety Program Act (a) Administrator (1) In general The National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2(3) of such Act ( 33 U.S.C. 467(3) ) is amended in the paragraph heading by striking Director and inserting Administrator . (b) Inspection of dams Section 3(b)(1) of such Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provision for emergency operations . (c) National dam safety program (1) Objectives Section 8(c)(4) of such Act ( 33 U.S.C. 467f(c)(4) ) is amended to read as follows: (4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of such Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . 122. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act ( Public Law 113–13 ; 127 Stat. 449) is amended— (1) in subsection (b)(1) by striking until the date that is 2 years after the date of enactment of this Act ; (2) in the heading of subsection (c) by inserting or Modified after New ; and (3) in subsection (c)— (A) in matter preceding paragraph (1) by inserting new or modified after establishes any ; and (B) in paragraph (3) by striking until the date that is 2 years after the date of enactment of this Act and inserting until the Secretary has complied with the provisions of this subsection . 123. Levee safety Section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 ) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: (e) Levee safety (1) In general At the request of a State, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to— (A) encourage effective State programs intended to ensure levee safety to protect human life and property; (B) assist the State in establishing and carrying out a State levee safety program; and (C) improve an existing State levee safety program. (2) Purposes The purposes of technical assistance provided under this subsection shall be— (A) to ensure that human lives and property that are protected by new and existing levees are safe; (B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness; (C) to encourage effective levee safety programs in a State; (D) to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs; (E) to build public awareness of the residual risks associated with living in levee protected areas; and (F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States. (3) Federal guidelines (A) In general In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety. (B) Incorporation of Federal activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies. (C) Incorporation of State and local activities The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable— (i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and (ii) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs. (D) Review The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph (A) before the guidelines are made final. (4) Assistance for State levee safety programs (A) Eligibility To be eligible for technical assistance under this subsection, a State shall— (i) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and (ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program. (B) Work plans The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3). (C) Inspection programs The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that— (i) address hazard classifications and technically based frameworks for levee assessment; and (ii) are incorporated into State levee safety programs. (D) Maintenance of effort Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year. . 124. Vegetation on levees (a) Review The Secretary of the Army, in accordance with subsection (c), shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review upon the date of enactment of this Act. (b) Factors (1) In general In conducting the review, the Secretary shall examine the guidelines in view of— (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Indian tribes pursuant to treaties and statutes; (D) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event; and (E) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and recommendations (1) In general The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Secretary vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Revision of guidelines (1) In general During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— (A) provide the public 30 days to review and comment on the guidelines; (B) revise the guidelines based on consideration of the results of the public review; and (C) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, levee performance, regional climatic and hydrologic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 ( 33 U.S.C. 701n(c) ). (e) Continuation of work Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy. 125. Reduction of Federal costs Section 204(a) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(a) ) is amended by adding at the end the following: (4) Reducing costs To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system. . 126. Advanced modeling technologies (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall— (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (2) disseminate to non-Federal interests the information described in paragraph (1); and (3) promote the use of advanced modeling technologies. (c) Advanced modeling technology defined In this section, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can expedite project delivery for or improve the evaluation of water resources development projects that receive Federal funding by— (1) accelerating and improving the environmental review process; (2) increasing effective public participation; (3) enhancing the detail and accuracy of project designs; (4) increasing safety; (5) accelerating construction and reducing construction costs; or (6) otherwise achieving such purposes. 127. Enhanced use of electronic commerce in Federal procurement (a) Report Not later than 180 days 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 Environment and Public Works of the Senate a report describing the Secretary’s actions to carry out section 2301 of title 41, United States Code, regarding the use of electronic commerce in Federal procurement. (b) Contents The report submitted under subsection (a) shall include, with respect to the 2 fiscal years most recently ended before the fiscal year in which the report is submitted— (1) an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission; (2) an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses; (3) an analysis of the potential benefits of and obstacles to implementing fuller use of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and (4) an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes. 128. Corrosion prevention (a) In general To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic protection, design, and engineering for corrosion prevention; (3) use certified coating application specialists and cathodic protection technicians and engineers; (4) use best practices in environmental protection to prevent environmental degradation, and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term corrosion prevention activities means— (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; and (3) any other activities related to corrosion prevention the Secretary determines appropriate. 129. Resilient construction and use of innovative materials The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and innovative technologies, in carrying out the activities of the Corps of Engineers. 130. Assessment of water supply in arid regions (a) In general The Secretary shall conduct an assessment of the management practices, priorities, and authorized purposes at Corps of Engineers reservoirs in arid regions to determine the effects of such practices, priorities, and purposes on water supply during periods of drought. (b) Report Not later than 1 year 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 Environment and Public Works of the Senate a report on the results of the assessment. 131. River basin commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following: (f) Report After each fiscal year, if the Secretary did not allocate funds in accordance with subsection (b), the Secretary, in conjunction with the President’s next submission to Congress of a budget under section 1105(a) of title 31, United States Code, shall submit to Congress a report that describes— (1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and (2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to— (A) water supply allocation; (B) water quality protection; (C) regulatory review and permitting; (D) water conservation; (E) watershed planning; (F) drought management; (G) flood loss reduction; (H) recreation; and (I) energy development. . 132. Sense of Congress regarding water resources development bills (a) Findings Congress finds the following: (1) Between 1986 and 2000, a water resources development bill was typically enacted every 2 years. (2) Since 2000, only 1 water resources development bill has been enacted. (b) Sense of Congress It is the sense of Congress that, because the missions of the Corps of Engineers are unique and benefit all individuals in the United States and because water resources development projects are critical to maintaining economic prosperity, national security, and environmental protection, Congress should consider a water resources development bill not less than once every Congress. II Navigation Improvements A Ports 201. Expanded use of Harbor Maintenance Trust Fund (a) In general For any fiscal year in which target appropriations described in subsection (b) are met, the Secretary may use up to 5 percent of the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for the eligible operations and maintenance costs described in section 210(a)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238(a)(2) ) for that fiscal year for expanded uses of the Harbor Maintenance Trust Fund. (b) Target appropriations For purposes of this section, target appropriations are met for a fiscal year if the total amount made available to the Secretary from the Harbor Maintenance Trust Fund for that fiscal year equals or exceeds, as determined by the Secretary, the following: (1) For fiscal year 2014, 65 percent of the total amount of harbor maintenance taxes received in fiscal year 2013. (2) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (3) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (4) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (5) For fiscal year 2018, 73 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (6) For fiscal year 2019, 75 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (7) For fiscal year 2020, and each fiscal year thereafter, 80 percent of total amount of harbor maintenance taxes received in the previous fiscal year. (c) Definitions In this section, the following definitions apply: (1) Eligible harbors and inland harbors defined The term eligible harbor or inland harbor means a harbor or inland harbor that, historically, as determined by the Secretary— (A) generates an amount of harbor maintenance taxes; that exceeds (B) the value of maintenance dredging work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund. (2) Expanded uses The term expanded uses means the following activities performed for an eligible harbor or inland harbor: (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment— (I) is located in and affects the maintenance of a Federal navigation project; or (II) is located in a berth that is accessible to a Federal navigation project. (3) Total amount of harbor maintenance taxes received The term total amount of harbor maintenance taxes received means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of the Internal Revenue Code of 1986 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31, United States Code. (d) Conforming amendment Section 9505(c)(1) of the Internal Revenue Code of 1986 is amended by striking (as in effect on the date of the enactment of the Water Resources Development Act of 1996) . (e) Sense of Congress It is the sense of Congress that any increase in harbor maintenance programs described in this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from similar reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes. 202. Assessment and prioritization of operation and maintenance (a) Assessment Section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) is amended by adding at the end the following: (c) Assessment of operation and maintenance needs (1) In general Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2). (2) Types of harbors In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for— (A) commercial navigation; (B) commercial fishing; (C) subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes; (D) use as a harbor of refuge; (E) transportation of persons; (F) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (G) activities of the Secretary of the department in which the Coast Guard is operating; (H) public health and safety related equipment for responding to coastal and inland emergencies; (I) recreation purposes; and (J) any other authorized purpose. (3) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)— (A) identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors, on a project-by-project basis; (B) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis; (C) identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and (D) identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes. . (b) Operation and maintenance of emerging harbor projects Section 210 of such Act ( 33 U.S.C. 2238 ) is further amended by adding at the end the following: (d) Operation and maintenance of emerging harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor. (2) Criteria In determining the equitable allocation of funds under paragraph (1), the Secretary shall— (A) utilize the information obtained in the assessment conducted under subsection (c); (B) consider the national and regional significance of harbor operation and maintenance; and (C) not make such allocation based solely on the tonnage transiting through a harbor. (3) Emerging harbors (A) In general Notwithstanding paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors. (B) Emerging harbor defined In this paragraph, the term emerging harbor means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually. (4) Emergency expenditures Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate. (5) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. . 203. Preserving United States harbors (a) In general The Secretary may enter into an agreement with a non-Federal interest, at the request of the non-Federal interest, under which the Secretary agrees to maintain a navigation project for a harbor or inland harbor (in this section referred to as a ‘‘federally authorized harbor’’) in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). (b) Report by non-Federal interest (1) In general To be eligible to enter into an agreement under subsection (a) with respect to a federally authorized harbor, a non-Federal interest shall submit to the Secretary a report justifying economic investment in maintenance of the harbor. (2) Justification of investment A report submitted under paragraph (1) may justify economic investment in the maintenance of a federally authorized harbor based on— (A) projected economic benefits, including transportation savings and job creation; and (B) other factors, including navigation safety, national security, and sustainability of subsistence harbors. (3) Termination of certain agreements An agreement entered into under subsection (a) with respect to a federally authorized harbor shall contain terms to allow the Secretary to terminate the agreement if the Secretary determines that Federal economic investment in maintaining the harbor is no longer justified. (c) Limitation on statutory construction Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ). 204. Consolidation of deep draft navigation expertise Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following: (3) Deep draft navigation planning center of expertise (A) In general The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise. (B) List Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a list of personnel, including the grade levels and expertise of the personnel, assigned to the center described in subparagraph (A). . 205. Disposal sites (a) In general The Secretary, in accordance with subsections (b) and (c) and with the concurrence of the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site (in this section referred to as the Site ) as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413(b) ). (b) Deadline The Site may remain open under subsection (a) until the earlier of— (1) the date on which the Site does not have any remaining disposal capacity; (2) the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or (3) the date that is 5 years after the date of enactment of this Act. (c) Limitations The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that— (1) conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and (2) the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project. B Inland Waterways 211. Definitions In this subtitle, the following definitions apply: (1) Inland Waterways Trust Fund The term Inland Waterways Trust Fund means the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Qualifying project The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed on the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. 212. Project delivery process reforms (a) Requirements for qualifying projects With respect to each qualifying project, the Secretary shall require— (1) for each project manager, that— (A) the project manager have formal project management training and certification; and (B) the project manager be assigned from among personnel certified by the Chief of Engineers; and (2) for an applicable cost estimation, that— (A) the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and (B) the cost estimate be implemented— (i) for a qualifying project that requires an increase in the authorized amount in accordance with section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ), during the preparation of a post-authorization change report or other similar decision document; (ii) for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract; (iii) for a qualifying project without a completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ), prior to the completion of such a report; and (iv) for a qualifying project with a completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) that has not yet been authorized, during design for the qualifying project. (b) Additional project delivery process reforms Not later than 18 months after the date of enactment of this Act, the Secretary shall— (1) establish a system to identify and apply on a continuing basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and (3) implement any additional measures that the Secretary determines will achieve the purposes of this subtitle, including— (A) the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks; (C) the use of full-funding contracts or formulation of a revised continuing contracts clause; and (D) the establishment of procedures for recommending new project construction starts using a capital projects business model. (c) Pilot projects (1) In general Subject to paragraph (2), the Secretary may carry out pilot projects to evaluate processes and procedures for the study, design, and construction of qualifying projects. (2) Inclusions At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate— (A) early contractor involvement in the development of features and components; (B) an appropriate use of continuing contracts for the construction of features and components; and (C) applicable principles, procedures, and processes used for military construction projects. (d) Inland Waterways User Board Section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ) is amended— (1) by striking subsection (b) and inserting the following: (b) Duties of Users Board (1) In general The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States. (2) Advice and recommendations For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide— (A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels; (B) advice and recommendations to Congress regarding any completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) relating to those features and components; (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components; (D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and (E) advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d). (3) Project development teams The chairperson of the Users Board shall appoint a representative of the Users Board to serve as an informal advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. (4) Independent judgment Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. ; (2) by striking subsection (c) and inserting the following: (c) Duties of Secretary The Secretary shall— (1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States. (d) Capital investment program (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria. (2) Consideration In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board. (3) Criteria In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)— (A) are made in all geographical areas of the inland waterways system; and (B) ensure efficient funding of inland waterways projects. (4) Strategic review and update Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall— (A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and (B) make revisions to the program, as appropriate. (e) Project management plans The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States. (f) Administration The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. . 213. Efficiency of revenue collection Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include— (1) an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law; (2) whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and (3) an evaluation of alternative collection options. 214. Inland waterways revenue studies (a) Inland waterways construction bonds study (1) Study The Secretary, in coordination with the Secretary of the Treasury, shall conduct a study on the feasibility of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds, including projected annual receipts, in the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Contents In carrying out the study, the Secretary and the Secretary of the Treasury shall examine the implications of and the potential revenues that could be generated by the issuance of such bonds. (3) Consultation In carrying out the study, the Secretary and the Secretary of the Treasury, at a minimum, shall consult with— (A) representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); (B) representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ); (C) representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from— (i) hydropower generation facilities; (ii) electric utilities that rely on the waterways for cooling of existing electricity generation facilities; (iii) municipal and industrial water supply; (iv) recreation; (v) irrigation water supply; or (vi) flood damage reduction; (D) other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary or the Secretary of the Treasury; and (E) the heads of other appropriate Federal agencies, including the Secretary of Transportation, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency. (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Treasury shall submit a joint report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. (b) Potential fees for beneficiaries and users of inland and intracoastal waterways infrastructure (1) In general The Secretary shall conduct a study and submit to Congress a report on potential user fees and revenues from other sources that could be collected to generate additional revenues for the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986. (2) Scope of study (A) In general In carrying out the study, the Secretary shall evaluate an array of potential user fees and other revenues options that, when combined with funds generated by section 4042 of the Internal Revenue Code of 1986, are sufficient to support one-half of annual construction expenditure levels of $380,000,000 for the authorized purposes of the Inland Waterways Trust Fund. (B) Potential Revenue Options for Study In carrying out the study, the Secretary, at a minimum, shall evaluate potential user fees and other revenue options identified in— (i) the report of the Congressional Budget Office entitled Paying for Highways, Airways, and Waterways: How Can Users Be Charged? , dated May 1, 1992; (ii) the draft bill submitted by the Assistant Secretary of the Army (Civil Works) to Congress entitled the Lock User Fee Act of 2008 , dated April 4, 2008; (iii) the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report, published on April 12, 2010, as approved by the Inland Waterways Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ); and (iv) the draft bill submitted by the President to Congress entitled the Inland Waterways Capital Investment Act of 2011 , dated September 2011. (3) Conduct of study In carrying out the study, the Secretary shall— (A) take into consideration whether the potential user fees and revenues from other sources— (i) are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and (ii) can be efficiently collected; (B) consult with, at a minimum— (i) representatives of the Inland Waterways Users Board; and (ii) representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from— (I) municipal water supply; (II) hydropower; (III) recreation; (IV) industrial water supply; (V) flood damage reduction; (VI) agricultural water supply; (VII) environmental restoration; (VIII) local and regional economic development; or (IX) local real estate interests; and (iii) representatives of other interests, as identified by the Secretary; and (C) provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ). (4) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to— (A) the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Finance, and the Committee on the Budget of the Senate. 215. Inland waterways stakeholder roundtable (a) In general The Secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches— (1) to address the financial needs of the Inland Waterways Trust Fund; and (2) to support the water infrastructure needs of the Inland Waterways System. (b) Selection of participants (1) In general Not later than 45 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall select individuals to be invited to participate in the stakeholder roundtable. (2) Composition The individuals selected under paragraph (1) shall include— (A) representatives of affected shippers and suppliers; (B) representatives of State and Federal water managers; and (C) other interested persons with direct knowledge of the Inland Waterways System. (c) Framework and agenda The Secretary shall work with a group of the individuals selected under subsection (b) to develop the framework and agenda for the stakeholder roundtable. (d) Conduct of stakeholder roundtable (1) In general Not later than 120 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall conduct the stakeholder roundtable. (2) Issues to be discussed The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following: (A) An evaluation of alternatives that have been developed to address funding options for the Inland Waterways System. (B) An evaluation of the funding status of the Inland Waterways Trust Fund. (C) Prioritization of the ongoing and projected water infrastructure needs of the Inland Waterways System. (D) Identification of a process forward for meeting such needs, with timeline for addressing the funding challenges for the inland waterways trust system. (e) Report to Congress Not later than 180 days after the date on which the Secretary submits to Congress the report required by section 214(b), the Secretary shall submit to Congress a report that contains— (1) a summary the stakeholder roundtable, including areas of concurrence on funding approaches and areas or disagreement in meeting funding needs; and (2) recommendations developed by the Secretary for logical next steps to address the issues discussed at the stakeholder roundtable. 216. Preserving the Inland Waterway Trust Fund (a) Olmsted project reform (1) In general Notwithstanding section 102(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212(a) ), for each fiscal year beginning after the date of enactment of this Act, 25 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund. (2) Definition In this subsection the term Olmsted Project means the project for navigation, Lower Ohio River, Locks 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013). (3) Sense of Congress It is the sense of Congress that the appropriation for the Olmsted project should be not less than $150,000,000 for each fiscal year until construction of the project is completed. (4) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding the lessons learned from the experience of planning and constructing the Olmsted Project and how such lessons might apply to future inland waterway studies and projects. (b) Annual report on progress and costs For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a)(4) an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. 217. Public comment on lock operations At least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, the Secretary shall— (1) provide notice of the proposed modification in the Federal Register; and (2) accept public comments on the proposed modification. 218. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by Indian tribes (as such term is defined by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the department in which the Coast Guard is operating. (8) Public health and safety related equipment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to the Atlantic Intracoastal Waterway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway. 219. Upper Mississippi River protection (a) Economic impact study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study and submit to Congress a report on the impact of closing the Upper St. Anthony Falls Lock and Dam on the economy and the environment, including an assessment of the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years. (b) Mandatory Closure Not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines pursuant to the study conducted under subsection (a) that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam during the preceding 5 years was not more than 1,500,000 tons. (c) Emergency operations Nothing in this section may be construed to prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. (d) Upper St. Anthony Falls Lock and Dam defined In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River Mile 853.9 in Minneapolis, Minnesota. 220. Corps of Engineers lock and dam energy development Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam (a) In General The Cherokee Nation of Oklahoma may— (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. (b) Preconstruction Requirements (1) Permits Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act ( 16 U.S.C. 791a et seq. ). (2) Review of plans and specifications The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). (2) Allocation of costs The Cherokee Nation shall— (A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction. (d) Assumption of liability The Cherokee Nation shall— (1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party; (2) be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and (B) the marketing of the electricity generated by the facility; and (3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e) Assistance available The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a). (f) Third party agreements The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section. . III Deauthorizations and Backlog Prevention 301. Deauthorization of inactive projects (a) Purposes The purposes of this section are— (1) to identify $12,000,000,000 in water resources development projects authorized by Congress that are no longer viable for construction due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant or feasible; (2) to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) to allow the continued authorization of water resources development projects that are viable for construction. (b) Deauthorization of projects authorized before WRDA 2007 (1) In general Not later than 90 days 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 Environment and Public Works of the Senate, and shall publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007— (A) for which— (i) construction was not initiated before the date of enactment of this Act; or (ii) construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for construction of the project or separable element during the 5-year period ending on July 1, 2013; and (B) that is identified in accordance with paragraph (3). (2) Special rule for ongoing construction A project or separable element shall not be listed pursuant to paragraph (1)(A)(ii) if the project or separable element is being constructed as of the date of enactment of this Act. (3) Identification of projects (A) In general The Secretary shall identify in the report submitted under paragraph (1) projects and separable elements that— (i) meet the requirements described in that paragraph; and (ii) in the aggregate have an estimated Federal cost to complete (as of the date of the report) that is at least $12,000,000,000. (B) Sequencing of projects In identifying projects and separable elements under subparagraph (A), the Secretary shall identify projects and separable elements according to the order in which the projects and separable elements were authorized, beginning with the earliest authorized projects and separable elements and ending upon the aggregate estimated Federal cost to complete for the projects and separable elements identified satisfying the requirement under subparagraph (A)(ii). (4) Congressional review period; deauthorization After the expiration of the 180-day period beginning on the date of the submission of the report under this subsection, any project or separable element identified in that report is hereby deauthorized, unless during such period the non-Federal interest for the project or separable element provides, under Federal law, all funds necessary to complete the project or separable element. (c) Treatment of project modifications For purposes of this section, if an authorized water resources development project or separable element has been modified in an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification. 302. Review of Corps of Engineers assets (a) Assessment and Inventory Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for the missions of the Corps of Engineers. (b) Criteria In conducting the assessment and developing the inventory under subsection (a), the Secretary shall use the following criteria: (1) The extent to which the property aligns with the current missions of the Corps of Engineers. (2) The economic impact of the property on existing communities in the vicinity of the property. (3) The extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation. (4) The extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the Corps of Engineers. (5) The extent to which the reduction or elimination of the property could reduce energy consumption by the Corps of Engineers. (c) Notification As soon as practicable following completion of the inventory of properties under subsection (a), the Secretary shall provide the inventory to the Administrator of General Services. (d) Report to Congress Not later than 30 days after the date of the notification under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the findings of the Secretary with respect to the assessment and inventory required under subsection (a). 303. Backlog prevention (a) Project deauthorization (1) In general A water resources development project, or separable element of such a project, authorized for construction by this Act shall not be authorized after the last day of the 7-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. (2) Identification of projects Not later than 60 days after the expiration of the 7-year period referred to in paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies the projects deauthorized under paragraph (1). (b) Report to Congress Not later than 60 days after the expiration of the 12-year period beginning on 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 Environment and Public Works of the Senate a report that contains— (1) a list of any water resources development projects authorized by this Act for which construction has not been completed during that period; (2) a description of the reasons the projects were not completed; and (3) a schedule for the completion of the projects based on expected levels of appropriations. 304. Deauthorizations (a) In general The following projects are not authorized after the date of enactment of this Act: (1) Walnut Creek (Pacheco Creek), California The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50. (2) Walnut Creek (San Ramon Creek), California The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27. (3) Hillsborough (Hillsboro) Bay and River, Florida Those portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width. (4) Kahului Wastewater Reclamation Facility, Maui, Hawaii The project carried out pursuant to the authority provided by section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii. (5) Chicago Harbor, Illinois The portion of the project for navigation, Chicago Harbor, Illinois, authorized by the first section of the Act of March 3, 1899 (30 Stat. 1129; chapter 425), and the first section of the Act of March 2, 1919 (40 Stat. 1283; chapter 95), and described as follows: (A) Beginning at the southwest corner of Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock. (B) Thence running north for approximately 290 feet. (C) Thence running east approximately 1,000 feet. (D) Thence running south approximately 290 feet. (E) Thence running west approximately 1,000 feet to the point of origin. (6) Lucas-Berg Pit, Illinois Waterway and Grant Calumet River, Illinois The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved July 24, 1946 (60 Stat. 636; chapter 596), that consists of the Lucas-Berg Pit confined disposal facility, Illinois. (7) Rockland Harbor, Maine The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved June 3, 1896 (29 Stat. 202), and described as follows: (A) Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. (B) Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08. (C) Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. (D) Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. (E) Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. (8) Corsica River, Queen Anne’s County, Maryland The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 25, 1912 (37 Stat. 205), and described as follows: Approximately 2,000 feet of the eastern section of the project channel extending from— (A) centerline station 0+000 (coordinates N506350.60, E1575013.60); to (B) station 2+000 (coordinates N508012.39, E1574720.18). (9) Gloucester Harbor and Annisquam River, Massachusetts The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows: (A) Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. (B) Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin. (10) Ipswich River, Massachusetts The portion of the project for navigation, Ipswich River, Massachusetts, authorized by the first section of the Act of August 5, 1886 (24 Stat. 317, chapter 929) consisting of a 4-foot channel located at the entrance to the inner harbor at Ipswich Harbor, and described as follows: (A) Lying northwesterly of a line commencing at N3,074,938.09, E837,154.87. (B) Thence running easterly approximately 60 feet to a point with coordinates N3,074,972.62, E837,203.93. (11) East Fork of Trinity River, Texas The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W. (12) Burnham Canal, Wisconsin The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act entitled An Act for the protection of commerce on Lake Michigan , approved March 3, 1843 (5 Stat. 619; chapter 85), and described as follows: (A) Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. (B) Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet. (C) Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. (D) Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. (E) Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. (F) Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet. (G) Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. (H) Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. (I) Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. (J) Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet. (K) Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. (L) Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. (M) Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. (N) Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet. (O) Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. (13) Manitowoc Harbor, Wisconsin The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows: The triangular area bound by— (A) 44.09893383N and 087.66854912W; (B) 44.09900535N and 087.66864372W; and (C) 44.09857884N and 087.66913123W. (b) Seward Waterfront, Seward, Alaska (1) In general Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act. (2) Entry by Federal Government The Federal Government may enter upon the property referred to in paragraph (1) to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). (c) Port of Hood River, Oregon (1) Extinguishment of portions of existing flowage easement With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29), the ordinary high water line. (2) Affected properties The properties described in this paragraph, as recorded in Hood River County, Oregon, are as follows: (A) Instrument Number 2010–1235. (B) Instrument Number 2010–02366. (C) Instrument Number 2010–02367. (D) Parcel 2 of Partition Plat 2011–12P. (E) Parcel 1 of Partition Plat 2005–26P. (3) Extinguishment of flowage easement With respect to the properties described in paragraph (2), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. (4) Federal liabilities The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. (5) No Effect on Other Rights Nothing in this subsection affects the remaining rights and interests of the Corps of Engineers for authorized project purposes. 305. Land conveyances (a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange (1) Land exchange On conveyance by the Tulsa Port of Catoosa to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to the Tulsa Port of Catoosa all right, title, and interest of the United States in and to the Federal land. (2) Definitions In this subsection, the following definitions apply: (A) Federal land The term Federal land means the approximately 87 acres of land situated in Rogers County, Oklahoma, contained within United States Tracts 413 and 427 and acquired for the McClellan-Kerr Arkansas Navigation System. (B) Non-Federal land The term non-Federal land means the approximately 34 acres of land situated in Rogers County, Oklahoma, and owned by the Tulsa Port of Catoosa that lie immediately south and east of the Federal land. (3) Specific conditions (A) Deeds (i) Deed to non-Federal land The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. (ii) Deed to Federal land The Secretary shall convey the Federal land to the Tulsa Port of Catoosa by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to— (I) allow the United States to operate and maintain the McClellan-Kerr Arkansas River Navigation System; and (II) protect the interests of the United States. (iii) Cash payment If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, the Tulsa Port of Catoosa shall make a cash payment to the United States reflecting the difference in the appraised fair market values. (b) City of Asotin, Washington (1) In general The Secretary shall convey to the city of Asotin, Walla Walla County, Washington, without monetary consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). (2) Reversion If the land transferred under this subsection ceases at any time to be used for a public purpose, the land shall revert to the United States. (3) Description The land to be conveyed to the city of Asotin, Washington, under this subsection are— (A) the public ball fields designated as Tracts 1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and 1631; and (B) other leased areas designated as Tracts 1506, 1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563. (c) Generally applicable provisions (1) Survey to obtain legal description The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. (2) Applicability of property screening provisions Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. (3) Additional terms and conditions The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. (4) Costs of conveyance An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. (5) Liability An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed. IV Water Resources Infrastructure 401. Authorization of final feasibility studies The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: (1) Navigation A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 $779,399,000 $359,227,000 2. FL Jacksonville Harbor- Milepoint April 30, 2012 $27,804,000 $9,122,000 3. GA Savannah Harbor Expansion Project Aug. 17, 2012 $461,000,000 $201,000,000 4. TX Freeport Harbor Jan. 7,  2013 $121,132,000 $116,342,000 5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 $28,652,000 $11,588,000 (2) Flood Risk Management A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000 2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 $943,300,000 $479,500,000 3. IA Cedar River, Cedar Rapids Jan. 27, 2011 $67,216,000 $36,194,000 4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000 5. KY Ohio River Shoreline, Paducah May 16, 2012 $12,893,000 $6,943,000 (3) Hurricane and Storm Damage Risk Reduction A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Initial Federal Cost and Estimated Total Federal Cost for Life of Project E. Estimated Initial Non-Federal Cost and Estimated Total Non-Federal Cost for Life of Project 1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Cost: $30,557,000 Total Cost: $132,372,000 Initial Cost: $17,315,000 Total Cost: $132,372,000 2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Cost: $81,484,000 Total Cost: $106,182,000 Initial Cost: $43,900,000 Total Cost: $106,182,000 3. CA San Clemente Shoreline April 5,  2012 Initial Cost: $7,500,000 Total Cost: $43,400,000 Initial Cost: $4,000,000 Total Cost: $43,400,000 (4) Hurricane and Storm Damage Risk Reduction and Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 $815,090,000 $438,890,000 (5) Environmental Restoration A. State B. Name C. Date of Report of Chief of Engineers D. Estimated Federal Cost E. Estimated Non-Federal Cost 1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 $1,221,721,000 $657,849,000 2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County March 11, 2010 $297,189,000 $297,189,000 3. LA Louisiana Coastal Area Dec. 30, 2010 $954,452,000 $513,936,000 4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000 5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 $88,992,000 $88,992,000 6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2,  2012 $96,209,000 $96,209,000 7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 $433,353,500 $433,353,500 8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 $283,567,000 $152,690,000 9. NC Neuse River Basin April 23, 2013 $23,253,100 $12,520,900 402. Project modifications (a) Miami Harbor, Miami-Dade County, Florida (1) In general The project for navigation, Miami Harbor, Miami-Dade County, Florida, authorized by section 1001(17) of the Water Resources Development Act of 2007 (121 Stat. 1052), is modified to authorize the Secretary to construct the project at a total cost of $152,510,000, with an estimated Federal cost of $92,007,000 and a non-Federal cost of $60,503,000. (2) Applicability Paragraph (1) shall take effect on November 8, 2007. (b) Lower Ohio River, Illinois and Kentucky The project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013), is modified to authorize the Secretary to construct the project at a total cost of $2,300,000,000, with a first Federal cost of $2,300,000,000. (c) Little Calumet River Basin (Cady Marsh Ditch), Indiana The project for flood control, Little Calumet River Basin (Cady Marsh Ditch), Indiana, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), and modified by section 127 of Public Law 109–103 (119 Stat. 2259), is further modified to authorize the Secretary to construct the project at a total cost of $269,988,000, with an estimated Federal cost of $202,800,000 and a non-Federal cost of $67,188,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr3080ih/xml/BILLS-113hr3080ih.xml

113-hr-3081

I 113th CONGRESS 1st Session H. R. 3081 IN THE HOUSE OF REPRESENTATIVES September 11, 2013 Mr. Walberg introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Missing Children’s Assistance Act to better enable law enforcement to identify, locate, and recover child victims of sex trafficking. 1. Amendment to the Missing Children’s Assistance Act Section 404(b)(1) of the Missing Children’s Assistance Act ( 42 U.S.C. 5773(b)(1) ) is amended— (1) in subparagraph (R) by striking at the end and ; (2) in subparagraph (S) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (T) provide technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of child sex trafficking. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3081ih/xml/BILLS-113hr3081ih.xml

113-hr-3082

I 113th CONGRESS 1st Session H. R. 3082 IN THE HOUSE OF REPRESENTATIVES September 11, 2013 Mr. Poe of Texas (for himself, Mr. DeSantis , Mr. Kingston , Mr. Yoho , Mr. Gohmert , Mr. Pitts , Mr. Weber of Texas , Mr. Walberg , Mr. King of Iowa , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require a report on the designation of the Libyan faction of Ansar al-Sharia as a foreign terrorist organization, and for other purposes. 1. Short title This Act may be cited as the Ansar al-Sharia Terrorist Designation Act of 2013 . 2. Report on designation of the Libyan factions of Ansar al-Sharia as a foreign terrorist organization (a) Findings Congress finds the following: (1) Ansar al-Sharia Benghazi first announced itself in February 2012. The group is led by Muhammad al-Zahawi, who had previously been an inmate of former President Muammar al-Qaddafi’s infamous Abu Salim prison. (2) On August 6, 2013, the Department of Justice filed sealed criminal charges against Ahmed Abu Khattalah, a senior commander within Libya’s Islamist militia Ansar al-Sharia. According to the Wall Street Journal, Mr. Abu Khattalah was seen at the United States consulate in Benghazi during the September 11, 2012, attack that killed United States Ambassador Christopher Stevens, Sean Smith, Tyrone Woods, and Glen Doherty. (3) On October 17, 2012, the New York Times reported that Libyan authorities named Ahmed Abu Khattalah as a commander in the September 11, 2012, attack on the United States consulate in Benghazi. (4) On August 8, 2013, the Washington Institute for Near East Peace issued a report in which it highlights Ansar al-Sharia’s establishment of training camps in Libya for jihadists preparing to fight with extremist rebels in Syria. (5) Abu Sufian Bin Qumu, leader of the Ansar al-Sharia faction in Darnah, Libya, is a former Guantanamo Bay inmate with close al-Qaeda ties. Bin Qumu was an associate of Usama bin Laden and is believed to maintain connections to senior al-Qaeda members. (6) According to a report published by the Library of Congress in August 2012, Ansar al-Sharia has increasingly embodied al Qaeda’s presence in Libya, as indicated by its active social-media propaganda, extremist discourse, and hatred of the West, especially the United States . (7) According to a report published by the Library of Congress in August 2012, al-Qaeda’s senior leadership in Pakistan has dispatched operatives to Libya to establish a clandestine terrorist network there. The report concluded that al-Qaeda is on the verge of a fully operational network inside Libya, and Ansar al-Sharia is one of the brands employed by al Qaeda operatives. (b) Report (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall, in consultation with the intelligence community, submit to the appropriate congressional committees— (A) a detailed report on whether the Libyan faction of Ansar al-Sharia, meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (B) if the Secretary of State determines that the Libyan faction of Ansar al-Sharia does not meet such criteria, a detailed justification as to which criteria have not been met. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if appropriate. (3) Definitions In this subsection: (A) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (ii) the Committee on Homeland Security, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ). 3. Sense of Congress It is the sense of Congress that the Libyan faction of Ansar al-Sharia meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) and should be designated as such. 4. Rule of construction Nothing in this Act may be construed to infringe upon the sovereignty of the Government of Libya to combat militant or terrorist groups operating inside the boundaries of Libya.

https://www.govinfo.gov/content/pkg/BILLS-113hr3082ih/xml/BILLS-113hr3082ih.xml

113-hr-3083

I 113th CONGRESS 1st Session H. R. 3083 IN THE HOUSE OF REPRESENTATIVES September 11, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to the operation of longer combination vehicles on the Interstate System in Idaho, and for other purposes. 1. Short title This Act may be cited as the Idaho Safe and Efficient Vehicle Act of 2013 . 2. Longer combination vehicles in Idaho Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) Longer combination vehicles in Idaho No limit or other prohibition under this section, except as provided in this subsection, applies to a longer combination vehicle operating on a segment of the Interstate System in Idaho if such vehicle— (1) has a gross vehicle weight of 129,000 pounds or less; (2) complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and (3) is authorized to operate on such segment under Idaho State law. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3083ih/xml/BILLS-113hr3083ih.xml

113-hr-3084

I 113th CONGRESS 1st Session H. R. 3084 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Pascrell (for himself, Mr. Stockman , Ms. Schwartz , Ms. Linda T. Sánchez of California , and Mr. Neal ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a credit for the production of renewable chemicals. 1. Short title; findings; sense of Congress (a) Short title This Act may be cited as the Qualifying Renewable Chemical Production Tax Credit Act of 2013 . (b) Findings Congress finds that a successful bio-based products industry represents— (1) a historic opportunity to add jobs to the United States chemicals and plastics sectors, (2) an opportunity to increase energy security in the United States and Western Hemisphere, (3) a prime opportunity to reduce the dependence of the United States on foreign oil, (4) an opportunity to increase the supply of petroleum products available to the fuel markets, thereby keeping costs of petroleum-based products low, (5) the prospect of driving business to downstream facilities by integrating bio-based products production into existing networks, and (6) a great opportunity to attract capital to both new and existing facilities. (c) Sense of Congress It is the sense of Congress that the United States should encourage domestic production of renewable chemicals. 2. Credit for the production of renewable chemicals (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for production of renewable chemicals (a) In general For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. (b) Limitation The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). (c) Eligible content For purposes of this section— (1) In general The term eligible content means, with respect to any renewable chemical, the biobased content percentage of the total mass of organic carbon in such chemical. (2) Biobased content percentage The term biobased content percentage means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. (d) Renewable chemical For purposes of this section— (1) In general The term renewable chemical means any chemical which— (A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass, (B) is sold, or used, by the taxpayer— (i) for the production of chemical products, polymers, plastics, or formulated products, or (ii) as chemicals, polymers, plastics, or formulated products, and (C) is not sold or used for the production of any food, feed, or fuel. (2) Exceptions Such term shall not include any chemical if— (A) the biobased content percentage of such chemical is less than 25 percent, (B) 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, (C) such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or (D) such chemical is composed of renewable chemicals that are eligible for a credit under this section. (3) Renewable biomass The term renewable biomass has the meaning given such term in section 9001(12) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101(12) ). (e) Allocation of credit amounts (1) In general Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. (2) Limitations (A) Aggregate limitation The total amount of credits that may be allocated under such program shall not exceed $500,000,000. (B) Taxpayer limitation The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (3) Selection criteria In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration— (A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, (B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, (C) the technological innovation involved in the production method of the renewable chemical, (D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and (E) whether there is a reasonable expectation of commercial viability. (4) Redistribution If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer’s return for such taxable year— (A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer’s return, and (B) such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). (5) Disclosure of allocations The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (f) Termination Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section. . (b) Credit To be part of general business credit (1) In general Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the renewable chemicals production credit determined under section 45S(a). . (2) Credit allowable against alternative minimum tax Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45S, . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for production of renewable chemicals. . (d) Effective date The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3084ih/xml/BILLS-113hr3084ih.xml

113-hr-3085

I 113th CONGRESS 1st Session H. R. 3085 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Lipinski (for himself, Mr. Rush , Ms. Kelly of Illinois , Mr. Gutiérrez , Mr. Quigley , Mr. Roskam , Mr. Danny K. Davis of Illinois , Ms. Duckworth , Ms. Schakowsky , Mr. Schneider , Mr. Foster , Mr. Enyart , Mr. Rodney Davis of Illinois , Mr. Hultgren , Mr. Shimkus , Mr. Kinzinger of Illinois , Mrs. Bustos , and Mr. Schock ) 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 3349 West 111th Street in Chicago, Illinois, as the Captain Herbert Johnson Memorial Post Office Building . 1. Captain Herbert Johnson Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 3349 West 111th Street in Chicago, Illinois, shall be known and designated as the Captain Herbert Johnson Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Captain Herbert Johnson Memorial Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr3085ih/xml/BILLS-113hr3085ih.xml

113-hr-3086

I 113th CONGRESS 1st Session H. R. 3086 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Goodlatte (for himself, Ms. Eshoo , Mr. Bachus , Mr. Cohen , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To permanently extend the Internet Tax Freedom Act. 1. Short title This Act may be cited as the Permanent Internet Tax Freedom Act . 2. Permanent moratorium on Internet access taxes and multiple and discriminatory taxes on electronic commerce (a) In general Section 1101(a) of the Internet Tax Freedom Act ( 47 U.S.C. 151 note) is amended by striking during the period beginning November 1, 2003, and ending November 1, 2014 . (b) Effective date The amendment made by this section shall apply to taxes imposed after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3086ih/xml/BILLS-113hr3086ih.xml

113-hr-3087

I 113th CONGRESS 1st Session H. R. 3087 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 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 prohibit the receipt of bonuses by Department of Veterans Affairs employees who violate Federal civil laws or regulations, and for other purposes. 1. Short title This Act may be cited as the Veterans Affairs Employee Accountability Act . 2. Limitation on bonuses for department of veterans affairs employees who violate federal civil laws or regulations (a) In general Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 713. Limitation on bonuses (a) In general (1) The Secretary shall ensure that no employee of the Department who, during any year, knowingly violates any law, regulation, or policy described in paragraph (2) receives a bonus for or during that year. (2) A law, regulation, or policy described in this paragraph is any of the following: (A) A Federal civil law or Federal regulation, including such civil laws or regulations covered under the Federal Acquisition Regulation and the Veterans Affairs Acquisition Regulation. (B) An internal policy of the Department. (b) Certification The Secretary shall annually certify to Congress that each bonus awarded by the Secretary during the previous year was awarded in accordance with subsection (a)(1). (c) Bonus defined For purposes of this section, the term bonus includes— (1) a retention incentive; (2) a retention incentive payment; (3) a retention incentive award; and (4) any other incentive requiring approval from the Central Office Human Resource Service, the Chief Business Office Workforce Management, or the Corporate Senior Executive Management Office. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Limitation on bonuses .

https://www.govinfo.gov/content/pkg/BILLS-113hr3087ih/xml/BILLS-113hr3087ih.xml

113-hr-3088

I 113th CONGRESS 1st Session H. R. 3088 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Ms. Waters (for herself, Mr. Ellison , Mr. Lewis , Ms. Norton , Ms. Brown of Florida , Mr. Rush , Mr. Cárdenas , Mr. Carson of Indiana , Mr. Cohen , Mr. Quigley , Mr. Payne , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To concentrate Federal resources aimed at the prosecution of drug offenses on those offenses that are major. 1. Short title This Act may be cited as the Major Drug Trafficking Prosecution Act of 2013 . 2. Findings Congress makes the following findings: (1) Mandatory minimum sentences are statutorily prescribed terms of imprisonment that automatically attach upon conviction of certain criminal conduct, usually pertaining to drug or firearm offenses. Absent very narrow criteria for relief, a sentencing judge is powerless to mandate a term of imprisonment below the mandatory minimum. Mandatory minimum sentences for drug offenses rely solely upon the weight of the substance as a proxy for the degree of involvement of a defendant’s role. (2) In the Anti-Drug Abuse Act of 1986, and at the height of the public outcry over crack cocaine, Congress acted hastily, without sufficient hearings, and enacted hard line penalties that targeted low-level drug offenders. These penalties included new, long mandatory minimum sentences for such offenders. (3) According to the Bureau of Prisons, in 1986, when the new drug law containing lengthy mandatory minimum sentences passed, the prison population was 36,000. Today, the Federal prison population is over 215,000 prisoners, up almost 600 percent in 26 years. (4) According to the Bureau of Prisons, the cost to keep one prisoner in Federal prison for one year is approximately $26,000. (5) According to the Department of Justice, since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased from $994 million in 1987 to almost $6.2 billion in 2009. (6) According to the U.S. Sentencing Commission, between 1995 and 2010, over 400,000 drug offenders were sentenced under Federal law; of these, almost 250,000 (61 percent) received mandatory minimum sentences. (7) According to the U.S. Sentencing Commission, drug offenders released from prison in 1986 who had been sentenced before the adoption of mandatory sentences and sentencing guidelines had served an average of 22 months in prison. In 2010, almost two-thirds of all drug offenders received a mandatory sentence, with most receiving a 10-year minimum. Most of these offenders are nonviolent or lower-level offenders with little or no criminal history: in 2010, 51.6 percent had few or no prior convictions, 83.6 percent did not have weapons involved in their offense, and only 6 percent were considered leaders, managers, or supervisors of drug operations. (8) Mandatory minimum sentences have consistently been shown to have a disproportionate impact on African-Americans. The United States Sentencing Commission, in a 15-year overview of the Federal sentencing system, concluded that mandatory penalty statutes are used inconsistently and disproportionately affect African-American defendants. African-American drug defendants are 20 percent more likely to be sentenced to prison than White drug defendants. (9) According to the U.S. Sentencing Commission, between 1994 and 2003, the average time served by African-Americans for a drug offense increased by 62 percent, compared to a 17 percent increase among White drug defendants. (10) According to the Substance Abuse and Mental Health Services Administration, government surveys document that drug use is roughly consistent across racial and ethnic groups. While there is less data available regarding drug sellers, research from the Office of National Drug Control Policy and the National Institute of Justice has found that drug users generally buy drugs from someone of their own racial or ethnic background. But, according to the U.S. Sentencing Commission, over 70 percent of all Federal narcotics offenders sentenced each year are African-Americans and Hispanic Americans, many of whom are low-level offenders. (11) As a result of Federal prosecutors’ focus on low-level drug offenders, the overwhelming majority of individuals subject to the heightened crack cocaine penalties are African-American. According to the U.S. Sentencing Commission’s 2007 Report to Congress on crack cocaine, only 8.8 percent of Federal crack cocaine convictions were imposed on White Americans, while 81.8 percent and 8.4 percent were imposed on African-American and Hispanics, respectively. (12) According to the U.S. Census, African-Americans comprise 12 percent of the U.S. population and, according to the Substance Abuse and Mental Health Services Administration, about 10 percent of all drug users, but almost 30 percent of all Federal drug convictions according to the U.S. Sentencing Commission. (13) According to the U.S. Sentencing Commission, African-Americans, on average, now serve almost as much time in Federal prison for a drug offense (58.7 months) as Whites do for a violent offense (61.7 months). (14) According to the U.S. Sentencing Commission, in 2010, almost 30 percent of women entering Federal prison did so for a drug offense. Linking drug quantity with punishment severity has had a particularly profound impact on women, who are more likely to play peripheral roles in a drug enterprise than men. However, because prosecutors can attach drug quantities to an individual regardless of the level of a defendant’s participation in the charged offense, women have been exposed to increasingly punitive sentences to incarceration. (15) Low-level and mid-level drug offenders can be adequately prosecuted by the States and punished or supervised in treatment as appropriate. (16) The Departments of Justice, Treasury, and Homeland Security are the agencies with the greatest capacity to investigate, prosecute and dismantle the highest level of drug trafficking organizations. Low-level drug offender investigations and prosecutions divert Federal personnel and resources from prosecuting high-level traffickers. (17) Congress must have the most current information on the number of prosecutions of high-level and low-level drug offenders in order to properly reauthorize Federal drug enforcement programs. (18) Congress has an obligation to taxpayers to use sentencing policies that are cost-effective and increase public safety, in addition to establishing a criminal justice system that is fair, efficient and provides just sentences for offenders. Mandatory sentences have not been conclusively shown to reduce recidivism or deter crime. (19) Prisons are important and expensive; the limited resources in the Federal criminal justice system should be used to protect society by incapacitating dangerous and violent offenders who pose a threat to public safety. The Federal judiciary has the expertise and is in the best position to sentence each offender and determine who should be sent to Federal prisons and the amount of time each offender should serve. 3. Approval of certain prosecutions by Attorney General A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(A) ) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. 4. Modification of certain sentencing provisions (a) Section 404 Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended— (1) by striking not less than 15 days but ; (2) by striking not less than 90 days but ; and (3) by striking the sentence beginning The imposition or execution of a minimum sentence . (b) Section 401 Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— (1) in paragraph (1)(A)— (A) by striking which may not be less than 10 years and or more than and inserting for any term of years or for ; (B) by striking and if death the first place it appears and all that follows through 20 years or more than life the first place it appears; (C) by striking which may not be less than 20 years and not more than life imprisonment and inserting for any term of years or for life ; (D) by inserting imprisonment for any term of years or after if death or serious bodily injury results from the use of such substance shall be sentenced to ; (E) by striking the sentence beginning If any person commits a violation of this subparagraph ; and (F) by striking the sentence beginning Notwithstanding any other provision of law and the sentence beginning No person sentenced ; and (2) in paragraph (1)(B)— (A) by striking which may not be less than 5 years and and inserting for ; (B) by striking not less than 20 years or more than and inserting for any term of years or to ; (C) by striking which may not be less than 10 years and more than and inserting for any term of years or for ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law . (c) Section 1010 Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— (1) in paragraph (1)— (A) by striking of not less than 10 years and not more than and inserting for any term of years or for ; (B) by striking and if death the first place it appears and all that follows through 20 years and not more than life the first place it appears; (C) by striking of not less than 20 years and not more than life imprisonment and inserting for any term of years or for life ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law ; and (2) in paragraph (2)— (A) by striking not less than 5 years and ; (B) by striking of not less than twenty years and not more than and inserting for any term of years or for ; (C) by striking of not less than 10 years and not more than and inserting for any term of years or to ; (D) by inserting imprisonment for any term of years or to after if death or serious bodily injury results from the use of such substance shall be sentenced to ; and (E) by striking the sentence beginning Notwithstanding any other provision of law . (d) Section 418 Section 418 of the Controlled Substances Act ( 21 U.S.C. 859 ) is amended by striking the sentence beginning Except to the extent each place it appears and by striking the sentence beginning The mandatory minimum . (e) Section 419 Section 419 of the Controlled Substances Act ( 21 U.S.C. 860 ) is amended by striking the sentence beginning Except to the extent each place it appears and by striking the sentence beginning The mandatory minimum . (f) Section 420 Section 420 of the Controlled Substances Act ( 21 U.S.C. 861 ) is amended— (1) in each of subsections (b) and (c), by striking the sentence beginning Except to the extent ; (2) by striking subsection (e); and (3) in subsection (f), by striking , (c), and (e) and inserting and (c) .

https://www.govinfo.gov/content/pkg/BILLS-113hr3088ih/xml/BILLS-113hr3088ih.xml

113-hr-3089

I 113th CONGRESS 1st Session H. R. 3089 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Griffith of Virginia (for himself, Ms. DeGette , and Mr. Gene Green of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 503A of the Federal Food, Drug, and Cosmetic Act with respect to pharmacy compounding. 1. Short title This Act may be cited as the Compounding Clarity Act of 2013 . 2. Traditional pharmacy compounding Section 503A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353a ) is amended to read as follows: 503A. Traditional pharmacy compounding (a) In General Sections 501(a)(2)(B), 502(f)(1), and 505 of this Act and section 351 of the Public Health Service Act shall not apply to a drug product for human use if each of the following conditions is met: (1) Identified patient and receipt of prescription The drug product is compounded in accordance with one of the following: (A) In general The drug product is compounded by a licensed pharmacist in a State-licensed pharmacy or a Federal facility, or by a licensed physician, for an identified individual patient based on the receipt of a valid prescription. (B) Anticipatory compounding The drug product is compounded by a licensed pharmacist in a State-licensed pharmacy or a Federal facility, or by a licensed physician, in limited quantities before the receipt of a valid prescription for an identified individual patient, based on— (i) historical demand for the drug product; and (ii) a history of prescriptions for the drug product generated solely within an established relationship between the licensed pharmacist or licensed physician who is performing the compounding and— (I) the individual patient; or (II) the physician or other licensed practitioner who writes the prescription. (C) Compounding for office use The drug product is compounded by a licensed pharmacist in a State-licensed pharmacy or a Federal facility, or by a licensed physician, pursuant to a non-patient-specific purchase order and— (i) the drug product will be administered by a health care practitioner within a physician’s office, a hospital, or another health care setting; (ii) valid patient-specific prescriptions or, when a compounded drug product is administered within the same health system in which it was compounded, valid patient names— (I) are submitted, electronically or otherwise, to the pharmacist or physician who performs the com­pound­ing, not later than 7 business days after the drug product is administered; and (II) will, in the aggregate, account for the total volume of drug product compounded pursuant to the non-patient-specific purchase order; (iii) during any 6-month period, of the total drug products dispensed from the facility at which the drug product was compounded, not more than 5 percent are compounded sterile drug products that are— (I) dispensed pursuant to this subparagraph; and (II) shipped interstate; (iv) records of the compounding will be kept for not less than 3 years; and (v) the statement Office Use Only and the statement Not for resale appear on the compounded drug product. Compounding under this subparagraph shall not be considered to be in violation of clause (ii) because of the failure of a pharmacist or a physician to account for valid patient-specific prescriptions or valid patient names as required by such clause, so long as the pharmacist or physician makes a good faith, reasonable effort to account for the prescriptions or names, as applicable, and does not continue to compound drug products under this subparagraph for a health care practitioner or facility with a history of failing to submit such prescriptions or patient names. (2) Quality standards Irrespective of whether a drug product is compounded under subparagraph (A), (B), or (C) of paragraph (1), the drug product is compounded, stored, and dated in compliance with the United States Pharmacopoeia chapters that are applicable to pharmaceutical compounding (including the chapter on sterile preparations). (3) Bulk drug substances If the drug product is compounded using bulk drug substances (as defined in regulations of the Secretary published at section 207.3(a)(4) of title 21 of the Code of Federal Regulations (or any successor regulations))— (A) the bulk drug substances— (i) if an applicable monograph exists under the United States Pharmacopoeia, the National Formulary, or another compendium or pharmacopeia recognized under Federal law, each comply with the monograph; (ii) if such a monograph does not exist, each are drug substances that are components of drug products approved or licensed by the Secretary for human use; or (iii) if such a monograph does not exist and the drug substance is not a component of a drug product so approved or licensed, each appear on a list published by the Secretary (through regulations issued under subsection (e)); (B) the bulk drug substances are each manufactured by an establishment that is registered under section 510 (including a foreign establishment that is registered under section 510(i)); and (C) the bulk drug substances are each accompanied by a valid certificate of analysis. (4) Ingredients (other than bulk drug substances) If any ingredients (other than bulk drug substances) are used in compounding the drug product, such ingredients comply with the standards of an applicable United States Pharmacopoeia or National Formulary monograph. (5) Drug products withdrawn or removed because unsafe or not effective The drug product does not appear on a list published by the Secretary of drug products that have been withdrawn or removed from the market because such drug products or components of such drug products have been found to be unsafe or not effective. (6) Essentially a copy of a marketed and approved drug product The licensed pharmacist or licensed physician does not compound any drug product that is essentially a copy of a marketed and approved drug product. (7) Drug products presenting demonstrable difficulties for compounding The drug product is not identified (directly or as part of a category of drug products) in a list published by the Secretary (through regulations issued under subsection (e)) as a drug product that presents demonstrable difficulties for compounding that reasonably demonstrate an adverse effect on the safety or effectiveness of that drug product. (8) Prohibition on wholesaling The drug product will not be sold by an entity other than the pharmacy or physician that compounded such drug product. (b) State regulation Nothing in this section shall prevent a State from— (1) imposing restrictions on the type of compounding described in subparagraph (B) or (C) of subsection (a)(1) that are in addition to the restrictions applicable under this section; or (2) enforcing requirements or restrictions contained in the chapters or standards described in subsection (a)(2). (c) Notification system (1) Development and implementation The Secretary shall develop and implement a system for receiving and reviewing submissions from State boards of pharmacy— (A) describing actions taken against compounding pharmacies; or (B) expressing concerns that a com­pound­ing pharmacy may be acting in violation of one or more requirements of this section. (2) Content of submissions from State boards of pharmacy An action referred to in paragraph (1)(A) is, with respect to a pharmacy that compounds drug products, any of the following: (A) The issuance of a warning letter, or the imposition of sanctions or penalties, by a State for violations of a State’s pharmacy regulations pertaining to compounding. (B) The suspension or revocation of a State-issued pharmacy license or registration. (C) The recall of compounded drug products due to concerns relating to the quality or purity of such products. (3) Consultation The Secretary shall develop the system under paragraph (1) in consultation with the National Association of Boards of Pharmacy. (4) Review and determination by Secretary The Secretary shall review each submission received under paragraph (1) and such other information as the Secretary determines necessary (including information collected through an inspection or maintained in the Adverse Event Reporting System database) and make a determination as to whether the pharmacy involved may be in violation of one or more requirements of this section. (5) Notifying State boards of pharmacy The system under paragraph (1) shall be designed to immediately notify State boards of pharmacy when— (A) the Secretary receives a submission under paragraph (1); or (B) the Secretary makes a determination that a pharmacy may be in violation of one or more requirements of this section. (6) Timing Not later than one year after the date of enactment of the Compounding Clarity Act of 2013 , the Secretary shall begin implementation of the system under paragraph (1). (d) Inspection authority In accordance with section 704(a), the Secretary may inspect a pharmacy’s records to determine whether the pharmacy is in violation of one or more requirements of this Act if— (1) the inspection is conducted in coordination with the relevant State board or boards of pharmacy; or (2) the Secretary has evidence that the pharmacy may be in violation of such a requirement. (e) Regulations (1) In general The Secretary shall issue regulations to implement this section. (2) Advisory committee on compounding Before issuing regulations to implement subsections (a)(3)(A)(iii) and (a)(7), the Secretary shall convene and consult an advisory committee on compounding. The advisory committee shall include representatives from the National Association of Boards of Pharmacy, the United States Pharmacopoeia, pharmacists having current experience and expertise in compounding, physicians having background and knowledge in compounding, and consumer organizations with an expertise in compounding. (3) Interim lists Before the date on which final regulations are issued to implement subsections (a)(3)(A)(iii) and (a)(7), if the Secretary determines it is necessary to protect the public health, the Secretary may designate drug products or substances as described in such subsections, by— (A) publishing a notice of such drug products or substances proposed for designation, including the rationale for such designation, in the Federal Register; (B) providing a period of not less than 60 calendar days for comment on the notice; and (C) publishing a notice in the Federal Register designating such drug products or substances. (4) Updating lists The Secretary shall update the regulations containing the lists of drug products and substances described in subsections (a)(3)(A)(iii) and (a)(7) regularly, but not less than once every three years. (5) Sunset of notice Any notice published under paragraph (3) shall not be effective after the earlier of— (A) the date that is 3 years after the date of Compounding Clarity Act of 2013 ; and (B) the effective date of the final regulations issued to implement subsections (a)(3)(A)(iii) and (a)(7). (f) Definitions In this section: (1) The term compounding includes— (A) the combining, admixing, mixing, diluting, reconstituting, or otherwise altering of a marketed drug product, except when performed in accordance with specific directions for such acts contained in approved labeling provided by the product’s manufacturer or otherwise provided by that manufacturer consistent with that labeling; (B) the combining, admixing, mixing, diluting, reconstituting, or otherwise altering a bulk drug substance to create a drug product; and (C) repackaging. (2) The term essentially a copy of a marketed and approved drug product does not include— (A) a drug product in which there is a change, made for an identified individual patient, which produces for that patient a clinical difference, as determined by the prescribing practitioner, between the compounded drug product and the comparable marketed and approved drug product; or (B) a drug product that appears on the drug shortage list in effect under section 506E. (3) The term licensed pharmacist includes any individual who compounds drug products under the supervision of a practitioner licensed to compound drug products under State law. (4) The term marketed and approved drug product means a drug product that— (A) is currently marketed; and (B) is approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act. (5) (A) The term repackaging means taking a drug approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act from the container in which the drug is distributed by the original manufacturer and placing such drug in a different container of the same or smaller size without further manipulating the drug (such as by diluting it or mixing it with another, different drug or drugs). (B) Such term does not include removing the drug from its original container for immediate administration to an identified individual patient, such as withdrawing a drug into a syringe for immediate injection or removing the drug from its original container within a health care entity by a practitioner, or other licensed individual under the supervision or direction of such practitioner, for administration within the same day within such health care entity. . 3. Outsourcing facilities (a) In general Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended— (1) by redesignating section 503B as section 503C; and (2) by inserting after section 503A ( 21 U.S.C. 353a ) the following new section: 503B. Outsourcing facilities (a) In general Sections 502(f)(1) and 505 of this Act and section 351 of the Public Health Service Act shall not apply to a drug product compounded for human use by a licensed pharmacist in an outsourcing facility if each of the following conditions is met: (1) Registration and reporting The facility is in compliance with the registration and reporting requirements of subsection (b). (2) Drug product and substance limitations The facility does not compound drug products in violation of paragraphs (3) through (8) of section 503A(a). (3) Fees The facility has paid all fees owed by such facility pursuant to section 744K. (4) Standardized drug products from bulk The facility does not compound, from bulk drug substances, standardized dosages that are not otherwise commercially available of a marketed and approved drug product. (5) Labeling of drug products (A) Label The label of a drug product compounded by an outsourcing facility shall include— (i) the statement This is a compounded drug. or a reasonable comparable alternative statement (as specified by the Secretary) that prominently identifies the drug as a compounded drug product; (ii) the name, address, and phone number of the applicable outsourcing facility; and (iii) with respect to the compounded drug product— (I) the lot or batch number; (II) the established name of the drug product; (III) the dosage form and strength; (IV) the statement of quantity or volume, as appropriate; (V) the date that the drug product was compounded; (VI) the expiration date; (VII) storage and handling instructions; (VIII) the National Drug Code number, if available; (IX) the Not for resale statement required under section 503A(a)(1)(C)(v); and (X) subject to subparagraph (B)(i), a list of active and inactive ingredients, identified by established name and the quantity or proportion of each ingredient. (B) Container The container from which the individual units of a drug product compounded by an outsourcing facility are removed for dispensing or for administration (such as a plastic bag containing individual product syringes) shall include— (i) the information described under subparagraph (A)(iii)(X), if there is not space on the label for such information; (ii) the following information to facilitate adverse event reporting: www.fda.gov/medwatch and 1–800–FDA–1088; and (iii) directions for use, including, as appropriate, dosage and administration. (C) Additional information The label and labeling of a drug product compounded by an outsourcing facility shall include any other information as determined necessary and specified in regulations promulgated by the Secretary (b) Registration of outsourcing facilities and reporting of drug products (1) Registration of outsourcing facilities (A) Annual registration During the period beginning on October 1 and ending on December 31 each year, each outsourcing facility— (i) shall register with the Secretary its name, place of business, and unique facility identifier (which shall conform to the requirements for the unique facility identifier established under section 510), and a point of contact e-mail address; and (ii) shall indicate whether the out­sourc­ing facility intends to compound a drug product that appears on the list in effect under section 506E during the subsequent calendar year. (B) New outsourcing facilities Each outsourcing facility, upon first engaging in compounding pursuant to this section, shall immediately register with the Secretary and provide the information described in paragraph (1)(A). The Secretary shall establish a timeline for registration for the first calendar year following the effective date of the Compounding Clarity Act of 2013. In no case may registration be required until at least 60 calendar days following publication of the timeline in the Federal Register. (C) Availability of registration for inspection; list (i) Registrations The Secretary shall make available for inspection, to any person so requesting, any registration filed pursuant to this paragraph. (ii) List The Secretary shall make available on the public Internet Web site of the Food and Drug Administration a list of the name of each facility registered under this subsection as an outsourcing facility, the State in which each such facility is located, whether the facility compounds from bulk drug substances, and whether any such compounding from bulk drug substances is for sterile or non-sterile drug products. (2) Drug product reporting by outsourcing facilities (A) In general Upon initially registering as an outsourcing facility, once during the month of June of each year, and once during the month of December of each year, each outsourcing facility that registers with the Secretary under paragraph (1) shall submit to the Secretary a report— (i) identifying the drug products compounded by such outsourcing facility during the previous 6-month period; and (ii) with respect to each drug product identified under clause (i), providing the active ingredient; the source of such active ingredient; the National Drug Code number, if available, of the source drug product or bulk active ingredient; the strength of the active ingredient per unit; the dosage form and route of administration; the package description; the number of individual units produced; and the National Drug Code number of the final product, if assigned. (B) Form Each report under subparagraph (A) shall be prepared in such form and manner as the Secretary may prescribe by regulation or guidance. (C) Confidentiality Reports submitted under this paragraph shall be exempt from inspection under paragraph (1)(C), unless the Secretary finds that such an exemption would be inconsistent with the protection of the public health. (3) Electronic registration and reporting Registrations and drug product reporting under this subsection (including the submission of updated information) shall be submitted to the Secretary by electronic means unless the Secretary grants a request for waiver of such requirement because use of electronic means is not reasonable for the person requesting waiver. (4) Risk-based inspection frequency (A) In general Outsourcing facilities— (i) shall be subject to inspection pursuant to section 704; and (ii) shall not be eligible for the exemption under section 704(a)(2)(A). (B) Risk-based schedule The Secretary, acting through one or more officers or employees duly designated by the Secretary, shall inspect outsourcing facilities in accordance with a risk-based schedule established by the Secretary. (C) Risk factors In establishing the risk-based schedule, the Secretary shall inspect outsourcing facilities according to the known safety risks of such outsourcing facilities, which shall be based on the following factors: (i) The compliance history of the outsourcing facility. (ii) The record, history, and nature of recalls linked to the outsourcing facility. (iii) The inherent risk of the drug products compounded at the outsourcing facility. (iv) The inspection frequency and history of the outsourcing facility, including whether the outsourcing facility has been inspected pursuant to section 704 within the last 4 years. (v) Whether the outsourcing facility has registered under this paragraph as an entity that intends to compound a drug product that appears on the list in effect under section 506E. (vi) Any other criteria deemed necessary and appropriate by the Secretary for purposes of allocating inspection resources. (5) Adverse event reporting Outsourcing facilities shall be required to submit adverse event reports to the Secretary in accordance with the content and format requirements established through guidance or regulation under section 310.305 of title 21, Code of Federal Regulations (or any successor regulations) or section 600.80 of title 21, Code of Federal Regulations (or any successor regulations). (c) Definitions In this section: (1) Outsourcing facility The term outsourcing facility means a facility at one geographic location or address that compounds sterile drug products for office use in excess of the limitation set forth in section 503A(a)(1)(C)(iii). (2) Other definitions The terms compounding , essentially a copy of a marketed and approved drug product , licensed pharmacist , and marketed and approved drug product have the meanings given such terms in section 503A(f). . (b) Fees Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379f et seq. ) is amended by adding at the end the following: 9 Fees relating to outsourcing facilities 744J. Definitions In this part: (1) The term affiliate has the meaning given such term in section 735(11). (2) The term gross annual sales means the total worldwide gross annual sales, in United States dollars, for an outsourcing facility, including the sales of all the affiliates of the outsourcing facility. (3) The term outsourcing facility has the meaning given to such term in section 503B(c). (4) The term reinspection means, with respect to an outsourcing facility, one or more inspections conducted under section 704 subsequent to an inspection conducted under such provision which identified noncompliance materially related to an applicable requirement of this Act, specifically to determine whether compliance has been achieved to the Secretary’s satisfaction. 744K. Authority to assess and use outsourcing facility fees (a) Establishment and reinspection fees — (1) In general For fiscal year 2015 and each subsequent fiscal year, the Secretary shall, in accordance with this subsection, assess and collect— (A) an annual establishment fee from each outsourcing facility; and (B) a reinspection fee from each outsourcing facility subject to a reinspection in such fiscal year. (2) Multiple reinspections An outsourcing facility subject to multiple reinspections in a fiscal year shall be subject to a reinspection fee for each reinspection. (b) Establishment and reinspection fee setting The Secretary shall— (1) establish the amount of the establishment and reinspection fee to be collected under this section for each fiscal year based on the methodology described in subsection (c); and (2) publish such fee amounts in a Federal Register notice not later than 60 calendar days before the start of each such year. (c) Amount of establishment fee and reinspection fee (1) In general For each outsourcing facility in a fiscal year— (A) except as provided in paragraph (4), the amount of the annual establishment fee under subsection (b) shall be equal to the sum of— (i) $15,000, multiplied by the inflation adjustment factor described in paragraph (2); plus (ii) the small business adjustment factor described in paragraph (3); and (B) the amount of any reinspection fee (if applicable) under subsection (b) shall be equal to $15,000, multiplied by the inflation adjustment factor described in paragraph (3). (2) Inflation adjustment factor (A) In general For fiscal year 2015 and subsequent fiscal years, the fee amounts established in paragraph (1) shall be adjusted by the Secretary by notice, published in the Federal Register, for a fiscal year by the amount equal to the sum of— (i) one; (ii) the average annual percent change in the cost, per full-time equivalent position of the Food and Drug Administration, of all personnel compensation and benefits paid with respect to such positions for the first 3 years of the preceding 4 fiscal years, multiplied by the proportion of personnel compensation and benefits costs to total costs of an average full-time equivalent position of the Food and Drug Administration for the first 3 years of the preceding 4 fiscal years; and (iii) the average annual percent change that occurred in the Consumer Price Index for urban consumers (U.S. City Average; Not Seasonally Adjusted; All items; Annual Index) for the first 3 years of the preceding 4 years of available data multiplied by the proportion of all costs other than personnel compensation and benefits costs to total costs of an average full-time equivalent position of the Food and Drug Administration for the first 3 years of the preceding 4 fiscal years. (B) Compounded basis The adjustment made each fiscal year under subparagraph (A) shall be added on a compounded basis to the sum of all adjustments made each fiscal year after fiscal year 2014 under subparagraph (A). (3) Small business adjustment factor The small business adjustment factor referred to in paragraph (1)(A)(ii) shall be an amount established by the Secretary for each fiscal year based on the Secretary’s estimate of— (A) the number of small businesses that will pay a reduced establishment fee for such fiscal year; and (B) the adjustment to the establishment fee necessary to achieve total fees equaling the total fees that the Secretary would have collected if no entity qualified for the small business exception in paragraph (4). (4) Exception for small businesses (A) In general In the case of an outsourcing facility with gross annual sales of $1,000,000 or less in the 12 months ending April 1 of the fiscal year immediately preceding the fiscal year in which the fees under this section are assessed, the amount of the establishment fee under subsection (b) for a fiscal year shall be equal to 1/3 of the amount calculated under paragraph (1)(A)(i) for such fiscal year. (B) Application To qualify for the exception under this paragraph, a small business shall submit to the Secretary a written request for such exception, in a format specified by the Secretary in guidance, certifying its gross annual sales for the 12 months ending April 1 of the fiscal year immediately preceding the fiscal year in which fees under this subsection are assessed. Any such application shall be submitted to the Secretary not later than April 30 of such immediately preceding fiscal year. (5) Crediting of fees In establishing the small business adjustment factor under paragraph (3) for a fiscal year, the Secretary shall— (A) provide for the crediting of fees from the previous year to the next year if the Secretary overestimated the amount of the small business adjustment factor for such previous fiscal year; and (B) consider the need to account for any adjustment of fees and such other factors as the Secretary determines appropriate. (d) Use of fees The Secretary shall make all of the fees collected pursuant to subparagraphs (A) and (B) of subsection (a)(1) available solely to pay for the costs of oversight of outsourcing facilities. (e) Supplement not supplant Funds received by the Secretary pursuant to this section shall be used to supplement and not supplant any other Federal funds available to carry out the activities described in this section. (f) Crediting and availability of fees Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the purpose of paying the costs of oversight of outsourcing facilities. (g) Collection of fees (1) Establishment fee An outsourcing facility shall remit the establishment fee due under this section in a fiscal year when submitting a registration pursuant to section 503B(b) for such fiscal year. (2) Reinspection fee The Secretary shall specify in the Federal Register notice described in subsection (b)(2) the manner in which reinspection fees assessed under this section shall be collected and the timeline for payment of such fees. Such a fee shall be collected after the Secretary has conducted a reinspection of the outsourcing facility involved. (3) Effect of failure to pay fees (A) Registration An outsourcing facility shall not be considered registered under section 503B(b) in a fiscal year until the date that the outsourcing facility remits the establishment fee under this subsection for such fiscal year. (B) Misbranding All drug products manufactured, prepared, propagated, compounded, or processed by an outsourcing facility for which any establishment fee or reinspection fee has not been paid, as required by this section, shall be deemed misbranded under section 502 until the fees owed for such outsourcing facility under this section have been paid. (4) Collection of unpaid fees In any case where the Secretary does not receive payment of a fee assessed under this section within 30 calendar days after it is due, such fee shall be treated as a claim of the United States Government subject to provisions of subchapter II of chapter 37 of title 31, United States Code. (h) Annual report to Congress Not later than 120 calendar days after each fiscal year in which fees are assessed and collected under this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, to include a description of fees assessed and collected for such year, a summary description of entities paying the fees, a description of the hiring and placement of new staff, a description of the use of fee resources to support inspecting outsourcing facilities, and the number of inspections and reinspections of such facilities performed each year. (i) Authorization of appropriations For fiscal year 2015 and each subsequent fiscal year, there is authorized to be appropriated for fees under this subsection an amount equivalent to the total amount of fees assessed for such fiscal year under this section. . 4. Prohibited acts (a) Intentional falsification of prescription order for compounded drug product Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by inserting after paragraph (bbb) the following: (ccc) With respect to a drug product to be compounded under section 503A or 503B, the intentional falsification of a prescription, a purchase order, or patient name required under section 503A or 503B. . (b) Intentional failure of outsourcing facility To register Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by subsection (a), is further amended by inserting after paragraph (ccc) (as added by such subsection), the following: (ddd) With respect to any year in which an outsourcing facility is required to register with the Secretary under section 503B(b), the intentional failure of the outsourcing facility to so register. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3089ih/xml/BILLS-113hr3089ih.xml

113-hr-3090

I 113th CONGRESS 1st Session H. R. 3090 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Cartwright (for himself, Ms. Norton , Mr. Vargas , Ms. Eddie Bernice Johnson of Texas , Mr. Peters of Michigan , Mr. Barber , Mr. Rush , Mr. Grayson , Mr. Rangel , Mrs. Napolitano , Mr. Connolly , Mr. Courtney , Ms. Frankel of Florida , Mrs. Negrete McLeod , Mr. Langevin , Ms. Eshoo , Mr. Pallone , Mr. Doggett , Mr. Pascrell , Mr. Crowley , Mr. Cárdenas , Ms. Hahn , Mr. Grijalva , Mr. Rahall , Ms. Shea-Porter , Ms. Schwartz , Mr. Tonko , Ms. Jackson Lee , Mr. Gene Green of Texas , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Older Americans Act of 1965 to authorize Federal assistance to State adult protective services programs, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Elder Protection and Abuse Prevention Act . (b) Findings Congress finds the following: (1) In 2009, the Department of Justice estimated that 14.1 percent of non-institutionalized older adults in the United States had experienced some form of elder abuse in the past year. (2) Only 1 in 23.5 cases of elder abuse is ever reported due to a lack of screening, awareness, and prevention efforts. (3) The mortality rate of older adults who are victims of abuse is 3 times higher than older adults that are not victims of abuse. (4) The annual financial loss by victims of elder financial abuse is estimated to be at least $2,900,000,000, and steadily increasing. 2. Adult protective services; definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ) is amended— (1) by amending paragraph (1) to read as follows: (1) Abuse The term abuse means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. ; (2) by redesignating paragraphs (4) through (54) as paragraphs (5) through (55); (3) by inserting after paragraph (3), the following: (4) Adult protective services The term adult protective services means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other case work and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ; (4) by amending paragraph (18), as so redesignated, to read as follows: (18) Elder justice The term elder justice means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual's rights, including the right to be free of abuse, neglect, and exploitation. ; (5) in paragraph (19), as so redesignated, by striking The term exploitation means and inserting The terms exploitation and financial exploitation mean ; (6) in paragraph (25), as so redesignated— (A) in subparagraph (B), by striking and ; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) abuse, neglect (including self-neglect), financial exploitation, including factors that are the basis of a referral to adult protective services. ; (7) in paragraph (29)(C), as so redesignated, by inserting , including opportunities for work and volunteer service in the community after available ; (8) in paragraph (30), as so redesignated, by striking information and referral and inserting information and referral assistance ; and (9) in paragraph (37), as so redesignated, by inserting (including elder abuse and neglect screening) after educational services . 3. Coordination of elder justice activities (a) Use of funds Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 ) is amended by adding at the end the following: (g) The Assistant Secretary is authorized to use funds appropriated to carry out this Act to implement activities authorized under part I of subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397k et seq. ), including the establishment of the Advisory Board on Elder Abuse, Neglect, and Exploitation and the continuation of the work of the Elder Justice Coordinating Council. . (b) Assurance of appropriate training for staff Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 ) is amended by adding at the end the following: (g) The Assistant Secretary shall— (1) ensure, where appropriate, that all programs funded under this Act include appropriate training in prevention and provision of services that address elder justice and exploitation; and (2) periodically update the need for and benefit of such training related to prevention of abuse, neglect, and exploitation of older adults. . (c) Information and assistance services Section 202(a)(21) of the Older Americans Act of 1965 ( 42 U.S.C. 3012(a)(21) ) is amended to read as follows: (21) (A) establish information and assistance services as priority services for older individuals, and ensure that quality information and assistance services are consistently provided to older individuals; (B) ensure that there is full collaboration between all governmental information and assistance systems that serve older individuals, whether specialized, crisis intervention, disaster assistance, or others; and (C) develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll free number to identify community resources for older individuals; . (d) Integration of titles Section 701 of the Older Americans Act of 1965 ( 42 U.S.C. 3058 ) is amended by adding at the end the following: The Assistant Secretary, to the maximum extent practicable, shall ensure there be full integration of education and public awareness activities under this title with all service programs under title III with special emphasis on the nutrition programs, legal services, information and referral assistance activities, the work of aging and disability resource centers, and the long-term care ombudsman programs, including programs carried out under title VI. . 4. Coordination of national adult protective services resource center with elder abuse and exploitation prevention Subsection (e)(2) of section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 ) is amended in the matter preceding subparagraph (A) by inserting , and in coordination with State Directors of the Adult Protective Services Programs and State Directors of the Office of Long-Term Care Ombudsman Programs after and services . 5. National adult protective services resource center (a) In general Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 ), as amended by section 3, is further amended by adding at the end the following: (h) (1) The Assistant Secretary shall, by grant or contract with a national nonprofit entity, establish a National Adult Protective Services Resource Center (referred to in this subsection as the Center ). The purposes of the Center are to improve the capacity of State and local adult protective services programs to respond effectively to abuse, neglect, and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities, and to coordinate with the Long-Term Care Ombudsman Program to protect home care consumers and residents most effectively. (2) The nonprofit entity awarded a grant or contract under this subsection shall have expertise in, and representation by, State and local adult protective services programs. (3) The Center shall— (A) collect and disseminate information regarding, and increase public awareness of, the role of adult protective services programs in investigating the abuse, neglect (including self-neglect), and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities, and in intervening to protect the consumers and residents from abuse; (B) develop, distribute, and provide training and technical assistance for adult protective services program investigators and supervisors investigating the abuse, neglect (including self-neglect), and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities, and intervening to protect the consumers and residents from further abuse; (C) develop, distribute, and provide training to home care and long-term care professionals and others on recognizing, reporting (including regarding mandatory reporting requirements), and responding to the abuse, neglect (including self-neglect), and financial exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities; (D) compile and disseminate reports on research and best practices for adult protective services programs and other programs on effective responses to the abuse, neglect (including self-neglect), and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities; (E) work with the National Ombudsman Resource Center and long-term care ombudsman programs to develop and disseminate training, practice standards, and policies regarding— (i) the roles and responsibilities of adult protective services and ombudsman programs; (ii) confidentiality and abuse reporting issues and protocols; and (iii) effective ways to maximize the resources of adult protective services programs for the benefit of home care consumers and residents of long-term care facilities; and (F) establish a data system to collect information on the abuse, neglect (including self-neglect), and exploitation of home care consumers and residents of long-term care facilities and to measure the effectiveness of the activities carried out by the Center. (4) Not later than 18 months after the date of enactment of the Elder Protection and Abuse Prevention Act , the Director shall— (A) collect and analyze, from leading national and State experts, the best practices related to screening for elder abuse; (B) publish a report that describes recommendations regarding such best practices and disseminate such report to all grantees under programs established under this Act and described under this section; and (C) submit to Congress such report and a description of the dissemination activities under subparagraph (B). (5) In this subsection, the term home care consumer means a person who receives services in the person's home or community to promote independence and reduce the necessity for residence in a long-term care facility, which may include home care services provided through this Act, the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or another public or private funding source. . (b) Authorization of appropriations Section 216 of the Older Americans Act is amended by adding at the end the following: (d) National Adult Protective Services Resource Center There are authorized to be appropriated to carry out section 201(h) (relating to the National Adult Protective Services Resource Center), such sums as may be necessary for fiscal years 2014, 2015, 2016, 2017, and 2018. . 6. Inclusion of adult protective services programs in congressional reports Section 207(b)(1)(C) of the Older Americans Act of 1965 ( 42 U.S.C. 3018(b)(1)(C) ) is amended by inserting and the adult protective services programs of the States after of the States . 7. Prevention, assessment, and response to elder abuse (a) Preferences Section 305(a)(2)(E) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(2)(E) ) is amended by inserting older individuals who are or are alleged victims of elder abuse, neglect, or exploitation, after proficiency, . (b) Area plans Section 306 of the Older Americans Act of 1965 ( 42 U.S.C. 3026 ) is amended— (1) in subsection (a)(6)— (A) in subparagraph (G), by inserting and at the end; and (B) by adding at the end the following: (H) (i) in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse and financial exploitation, remove barriers to elder abuse education, prevention, investigation, and treatment; (ii) coordinate elder justice activities (including screenings) provided by the area agency on aging, community health centers, other public agencies, and nonprofit private organizations; (iii) develop standardized, coordinated, and reporting protocols with respect to elder abuse; and (iv) report any instances of elder abuse in accordance with State law. ; and (2) in subsection (b)(3)— (A) in subparagraph (J), by striking and ; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) protection from elder abuse, neglect, and financial exploitation; and . (c) State plans Section 307(a)(12) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); and (2) by inserting after subparagraph (A) the following: (B) that the State will develop and implement standardized protocols for screening and reporting with respect to elder abuse; . (d) Supportive services Section 321(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3030d(a) ) is amended— (1) in paragraph (1), by inserting elder abuse and neglect screening, after mental health), ; (2) in paragraph (8), by inserting , elder abuse, and neglect after mental health ; and (3) in paragraph (23), by inserting , elder abuse, neglect, and financial exploitation after mental health . (e) Nutrition Section 339(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3030g–21(2) ) is amended— (1) in subparagraph (J), by striking , and and inserting a comma; (2) in subparagraph (K), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (L) encourages individuals who distribute nutrition services under subpart 2 to distribute information on diabetes, elder abuse, neglect, financial exploitation, and the annual Medicare wellness exam. . 8. Abuse prevention education and training (a) Activities for health, independence, and longevity (1) Older individuals' protection from violence projects Section 413(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032b(b) ) is amended— (A) in paragraph (3), by striking or after the semicolon at the end; (B) in paragraph (4), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (5) research and replicate successful models of elder abuse, neglect, and exploitation prevention and training. . (2) Demonstration, support, and research projects Section 417(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3032f(a)(1) ) is amended— (A) in subparagraph (A), by striking or after the semicolon; (B) in subparagraph (B), by striking and after the semicolon and inserting or ; and (C) by adding at the end the following: (C) engage volunteers who are older than 50 years of age in providing support and information to older adults (and their families or caretakers) who have experienced or are at risk of elder abuse, including physical, emotional, or financial abuse, neglect, or exploitation and; . (b) Community service senior opportunities Section 502(b)(1)(E) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(b)(1)(E) ) is amended by inserting , and for the health and safety of, and prevention and detection of elder abuse for, older adults after families . (c) Allotments for vulnerable elder rights protection activities (1) State plan requirements Section 705(a)(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3058d(a)(2) ) is amended by inserting family caregivers, after title VI, . (2) State long-term care ombudsman program (A) Support of Office under the National Family Caregiver Support Program Section 373(g) of the Older Americans Act of 1965 ( 42 U.S.C. 3030s–1(g) ) is amended by adding at the end the following: (3) Use of funds for ombudsman program Amounts made available to a State to carry out the State program under this subpart may be used to support the Office of the State Long-Term Care Ombudsman, including supporting the development of resident and family councils. . (B) Ensuring effective programs and residents' rights Section 712 of the Older Americans Act of 1965 ( 42 U.S.C. 3058g ) is amended by adding at the end the following: (k) Ensuring effective programs and residents' rights The State agency shall ensure the Office— (1) provides facility residents with private and unimpeded access to the Office, including access to all records concerning the resident; and (2) allows all facility residents to receive services from the Office. . (3) Prevention of elder abuse, neglect, and exploitation Section 721(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3058i(b) ) is amended— (A) by redesignating paragraphs (7), (8), (9), (10), (11), and (12), as paragraphs (8), (10), (11), (12), (13), and (14), respectively; (B) by striking paragraph (6) and inserting the following: (6) conducting specialized abuse sensitivity training for caregivers described in part E of title III; (7) conducting training for professionals and paraprofessionals in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation, with particular focus on prevention and enhancement of self-determination and autonomy; ; and (C) by inserting after paragraph (8), as redesignated by subparagraph (B), the following: (9) conducting appropriate training to ensure cultural sensitivity in the provision of elder rights services, including training in cultural issues associated with abuse; .

https://www.govinfo.gov/content/pkg/BILLS-113hr3090ih/xml/BILLS-113hr3090ih.xml

113-hr-3091

I 113th CONGRESS 1st Session H. R. 3091 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Lance (for himself, Mr. Roskam , Mr. Guthrie , Mr. Paulsen , Mr. Rangel , Mr. Runyan , Ms. Schwartz , Mr. King of New York , Mr. McCaul , Mr. Walden , Mr. Tiberi , Mr. Loebsack , Mr. Ben Ray Luján of New Mexico , Mr. Ellison , Mr. Jones , and Mr. Long ) 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 promote the development of meaningful treatments for patients. 1. Short title This Act may be cited as the Modernizing Our Drug & Diagnostics Evaluation and Regulatory Network Cures Act of 2013 or the MODDERN Cures Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definitions. Title I—Advancing diagnostics for patients Sec. 101. Developing a common lexicon to facilitate progress on diagnostics. Sec. 102. Creating incentives for innovative diagnostics. Sec. 103. Promoting the development of innovative diagnostics. Title II—Capturing lost opportunities for patients Sec. 201. Dormant therapies. Sec. 202. Study regarding new indications for existing therapies. 3. Findings The Congress makes the following findings: (1) More than 133 million Americans, or 45 percent of the population, have at least one chronic condition. A quarter of Americans have multiple chronic conditions. (2) Chronic diseases have become the leading cause of death and disability in the United States. Seven out of every 10 deaths are attributable to chronic disease. Chronic diseases also compromise the quality of life of millions of Americans. (3) Despite $80 billion spent annually on research and development, many diseases and conditions lack effective treatments. (4) Many commonly used drugs are effective in only 50 to 75 percent of the patient population, which can lead to devastating long-term side effects, resulting in the potential risks outweighing the benefits for some patients. (5) Advanced and innovative diagnostic tests have the potential to dramatically increase the efficacy and safety of drugs by better predicting how patients will respond to a given therapy. (6) Despite their promise, many drugs and diagnostics may go undeveloped due to uncertain regulatory and reimbursement processes, among other reasons. (7) In addition, there is reason to believe that potential treatments with tremendous value to patients are never developed or are discontinued during research and development due to insufficiencies in the intellectual property system. (8) It is in the public interest to address the hurdles that may be precluding new treatments from reaching patients and to remove the disincentives for the development of therapies for these unmet needs. 4. Definitions In this Act: (1) The term biological product has the meaning given to that term in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (2) The term drug has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (3) The term medicine means a biological product or a drug. (4) The term Secretary means the Secretary of Health and Human Services. I Advancing diagnostics for patients 101. Developing a common lexicon to facilitate progress on diagnostics (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Department of Health and Human Services the Advanced Diagnostics Education Council (in this section referred to as the Council ). (b) Duties (1) In general The Council shall promote an improved understanding of key concepts related to innovative diagnostics by recommending standard terms and definitions for use by patients, physicians, health care providers, payers, and policymakers. (2) Guide The Secretary shall publish and disseminate a guide regarding such recommended terms and definitions for patients, physicians, health care providers, payers, and policymakers. (3) Report Not later than 12 months after the establishment of the Council, the Secretary shall prepare and submit a report to the Congress and to the public on the Council’s deliberations, activities, and determinations with respect to meeting its duties described in paragraphs (1) and (2). (c) Chairperson The Secretary, or the Secretary’s designee, shall serve as chairperson of the Council. (d) Members In addition to the Secretary, the Council shall consist of the following: (1) The head of each the following agencies (or a designee thereof): (A) The National Institutes of Health. (B) The Centers for Disease Control and Prevention. (C) The Food and Drug Administration. (D) The Agency for Healthcare Research and Quality. (E) The Centers for Medicare & Medicaid Services. (F) The Department of Defense. (G) The Department of Veterans Affairs. (H) The Health Resources and Services Administration. (I) The Substance Abuse and Mental Health Services Administration. (J) The Indian Health Service. (2) Seven members appointed by the Secretary from among individuals who collectively— (A) represent a broad range of perspectives; and (B) have expertise in— (i) basic and translational research, including with respect to molecular biology and genetics; (ii) bioinformatics; (iii) the discovery, development, and commercialization of in vitro diagnostics; and (iv) law and ethics. (3) Four members appointed by the Secretary who are each a chief medical or scientific officer of a patient advocacy organization. (e) Public input In carrying out its duties, the Council shall solicit input from relevant stakeholders and the public. (f) Termination The Council shall terminate after publishing the guide required by subsection (b)(2) and submitting the report required by subsection (b)(3), or later at the discretion of the Secretary. 102. Creating incentives for innovative diagnostics (a) Improvements to process for determining fee schedule amounts for new tests (1) Clarifying factors for rate-setting (A) In general In determining the payment amount under gapfilling procedures (as described in section 414.508(b) of title 42, Code of Federal Regulations, or any successor regulation to such section) for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act ( 42 U.S.C. 1395l(h)(8) ), the Secretary shall take into account, as applicable and available, the following factors with respect to such a new test: (i) Impact on patient care The impact of the new test on patient care, patient management, or patient treatment. (ii) Technical characteristics The technical characteristics of the new test, and the resources required to develop, validate, and perform the new test. (iii) Claims data Data from claims for which payment is made under part B of title XVIII of the Social Security Act. (iv) Laboratory charges Amounts charged by laboratories to self-pay patients for the new test. (v) Private insurance rates Amounts paid to laboratories for such new test under private health insurance coverage offered in the group market and the individual market. (vi) Advisory panel recommendations The findings and recommendations of the independent advisory panel convened under paragraph (2) with respect to that new test and any comments received during the open meeting of the advisory panel. (vii) Additional factors Such other factors as the Secretary may specify. (2) Input from patients, clinicians, and technical experts (A) Requirement for independent advisory panel The Secretary shall convene an independent advisory panel from which the Secretary shall request information and recommendations regarding any new test (as referred to under subparagraph (A) of section 1833(h)(8) of the Social Security Act ( 42 U.S.C. 1395l(h)(8) )) for which payment is made under such section, including technical, clinical, and quality information. (B) Composition of independent advisory panel The independent advisory panel shall be comprised of 19 members, including— (i) 4 individuals with expertise and experience with advanced clinical diagnostic laboratory tests, including expertise in the technical characteristics of the new test; (ii) 3 representatives of patients, including a patient representative for rare disorders; (iii) 3 clinicians who use results of the new test in patient care; (iv) 3 individuals with expertise in the requirements to develop, validate, and perform the new test; (v) 2 laboratorians; (vi) 2 experts in the area of pharmacoeconomics or health technology assessment; and (vii) 2 individuals with expertise on the impact of new tests on quality of patient care, including genetic counselors. (C) Terms A member of the panel shall be appointed to serve a term of 6 years, except with respect to the members first appointed, whose terms of appointment shall be staggered evenly over 2-year increments. (D) Expert consultants The Secretary may include to serve temporarily on the panel individuals who have expertise pertaining to the new test involved. (E) Open meetings The Secretary shall receive or review the findings and recommendations of the independent advisory panel with respect to the new tests described in subparagraph (A) involved during a meeting open to the public and provide opportunity for public comment. (F) Clarification of authority of secretary to consult carriers Nothing in this section shall be construed as affecting the authority of the Secretary to consult with appropriate Medicare administrative contractors. (b) Process for assignment of temporary codes for diagnostic tests The Secretary shall establish a process for application for the assignment of a temporary national HCPCS code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test. Assignments of a temporary national HCPCS code shall occur on a quarterly basis. The Secretary shall provide public notice through the Centers for Medicare & Medicaid Services website of applications made for such temporary national HCPCS codes. Upon assignment of a temporary code under this process, the Secretary shall treat such test as a new test for purposes of section 1833(h)(8) of the Social Security Act. (c) Development of further improvements in rate-Setting processes The Secretary shall analyze the process used for the gapfilling procedure used in determining payment amounts for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act. Taking into account the changes made by this section, the Secretary shall identify further changes to improve the accuracy and appropriateness of resulting rates and the openness, transparency, and predictability of the process. The Secretary shall examine what and how many entities should perform gapfilling, under contract or otherwise, and how to ensure that the process is informed by appropriate expertise and proceeds in a transparent and accountable manner. The Secretary shall implement improvements in the process, insofar as these are possible under the law through regulations, after public notice and opportunity for comment. For changes the Secretary determines would require a change in law, the Secretary shall transmit recommendations to the Speaker of the House of Representatives and the President of the Senate not later than July 1, 2015. (d) Definitions For purposes of this section: (1) New clinical diagnostic laboratory tests The term new clinical diagnostic laboratory test means a clinical diagnostic laboratory test— (A) that is assigned a new or substantially revised code on or after January 1, 2015; or (B) for which an application for a temporary national HCPCS code is made under subsection (b) on or after January 1, 2015. (2) Self-pay patient The term self-pay patient means, with respect to a health care item or service, an individual who pays out of pocket for such item or service and who does not have health insurance coverage for such item or service. (e) Effective date This section shall take effect on the date of enactment of this Act, and shall apply with respect to new clinical diagnostic laboratory tests. 103. Promoting the development of innovative diagnostics (a) Determination (1) Request The manufacturer or sponsor of a medicine may request the Secretary to determine that— (A) a diagnostic test has been developed by, or with the participation of, the manufacturer or sponsor of the medicine; and (B) use of the diagnostic test, as demonstrated through valid scientific information such as peer-reviewed literature— (i) provides for or improves the identification of a patient population for which the medicine will or will not be used in accordance with its approved indications; (ii) provides for or improves the determination of the most appropriate treatment option for a patient population with the medicine in accordance with its approved indications; or (iii) provides for the detection of a qualifying pathogen (as defined in section 505E(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(f) ). (2) Response by Secretary Not later than 30 days after the submission of a request under paragraph (1), the Secretary, shall— (A) make the requested determination and publish a notice of such determination and any extension under this section resulting from such determination; or (B) provide an explanation to the manufacturer or sponsor submitting the request of why the determination is not warranted. (b) Applicable extension period For purposes of subsections (c) and (d), the applicable extension period is— (1) with respect to a diagnostic test developed (as described in subsection (a)(1)(A)) contemporaneously with the development of the medicine involved, 12 months; and (2) with respect to a diagnostic test developed otherwise, 6 months. (c) Extension for drugs If, at the request of the manufacturer or sponsor of a drug, the Secretary makes the determination described in subsection (a)(1) with respect to such drug and a diagnostic test, then— (1) the four- and five-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), the three-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of such section 505, or the seven-year period described in section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ), as applicable, shall be extended by the applicable extension period; (2) if the drug is the subject of— (A) a listed patent for which a certification has been submitted under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of such section 505; or (B) a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of such section 505, then the period during which an application may not be approved under subsection (c)(3) or (j)(5)(B) of such section 505 shall be extended by the applicable extension period after the date the patent expires (including any patent extensions); and (3) if the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of such section 505, and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under subsection (c)(3) or (j)(5)(B) of such section 505 shall be extended by the applicable extension period after the date the patent expires (including any patent extension). (d) Extension for biological products If, at the request of the manufacturer or sponsor of a biological product, the Secretary makes the determination described in subsection (a)(1) with respect to such biological product and a diagnostic test, then the 12-year period described in subsection (k)(7)(A) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), the 4-year period described in subsection (k)(7)(B) of such section 351, and the 7-year period described in section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ), as applicable, shall be extended by the applicable extension period. (e) Relation to pediatric exclusivity Any extension under subsection (c) or (d) of a period shall be in addition to any extension of the period under section 505A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a ) with respect to the medicine. (f) Limitations Extensions under this section may apply— (1) not more than twice with respect to the same medicine; and (2) not more than once with respect to the same indication to be treated by the same medicine. II Capturing lost opportunities for patients 201. Dormant therapies (a) Designation as dormant therapy The Secretary shall designate a medicine as a dormant therapy if— (1) the sponsor of the medicine submits a request for such designation meeting the requirements under subsection (b), and the request has not been withdrawn under subsection (d)(1); and (2) the Secretary determines that— (A) the medicine is being investigated or is intended to be investigated for an indication to address one or more unmet medical needs; (B) a suitable clinical plan for such investigations of the medicine has been developed by the sponsor; (C) the sponsor intends to file an application pursuant to section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for approval or licensing of the medicine for an indication described in subparagraph (A); and (D) the request for designation was made on or before the date of submission of any application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the approval or licensure of commercial marketing or use of a medicine that in the case of a drug shares an active moiety that is the same as, and in the case of a biologic contains an active moiety that is highly similar to, an active moiety in the medicine for which designation is being requested. (b) Requirements for request for designation as dormant therapy A request under subsection (a)(1) with respect to a medicine may only be made by the sponsor of the medicine and shall contain each of the following: (1) A listing of all patents and applications for patents under which the sponsor has rights and that may be reasonably construed to provide protection for the medicine. (2) A waiver of patent rights to the extent required under subsection (c) to take effect, if at all, as provided under subsection (c)(3). (3) Such additional information as the Secretary may require by regulation in order to determine eligibility for designation under subsection (a). (c) Waiver of patent rights expiring after the protection period ends (1) Patent waiver (A) In general Subject to subparagraph (B), the request under this subsection shall include a waiver of the right to enforce or otherwise assert any patent described in subsection (b)(1) (or any patent issued on the basis of an application described in subsection (b)(1)), which may expire after the end of the protection period for the dormant therapy, against any applicable product described in paragraph (2). The waiver shall be made by the owner of the patent or application for patent, as the case may be. (B) Limitations on patent waiver Any patent waiver provided pursuant to this section, should it become effective— (i) shall have no effect during the protection period for the medicine to which the waiver relates; and (ii) shall have no effect with respect to the subject matter of a claimed invention in a patent that does not provide any protection for such medicine with respect to an applicable product described in paragraph (2). (2) Applicable products described An applicable product is described in this paragraph only if— (A) it is approved or licensed pursuant to an application that— (i) is filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) , (j)) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ); and (ii) references or otherwise relies upon the approval or licensure of the dormant therapy to which the waiver relates; and (B) the approval of the product occurs after the expiration of the protection period applicable to the medicine to which the request under subsection (a)(1) relates. (3) Effective date of waiver A waiver under subsection (b)(2) with respect to a patent shall take effect, if at all, on the date the Director publishes the notice required under subsection (e)(2)(F) relating to the patent. (d) Withdrawal of request for designation, revocation by the secretary (1) In general The sponsor of a medicine may withdraw a request for designation under subsection (a)(1) with respect to a medicine unless the medicine has been approved or licensed under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). The Secretary shall deny a designation request or revoke any designation granted if at any time the Secretary finds that the sponsor is not in compliance with subsections (c)(1) and (g)(1). (2) Effects of withdrawal of request or revocation of designation If the sponsor of a medicine withdraws a request under subsection (b) or the Secretary denies a designation request or revokes a designation with respect to the medicine— (A) any patent waiver submitted under this section with respect to the medicine, but not yet effective, is canceled and deemed a nullity; (B) any patent waiver that has taken effect under this section with respect to the medicine shall remain in effect; (C) any patent term extension granted by the Director under subsection (e)(2) with respect to the medicine shall be canceled, except that the Director shall maintain the patent term extension for one patent, to be selected by the sponsor of the medicine, for the period of extension that would have been applicable under section 156 of title 35, United States Code; and (D) the designation, if made, otherwise shall be treated as never having been requested or made or having effect. (3) Basis for revocation The Secretary may revoke a designation made under subsection (a), but only based upon a finding by the Secretary under paragraph (1). (e) Guaranteed protections for dormant therapies (1) Applications filed during the protection period During the protection period for a dormant therapy, notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or the Public Health Service Act ( 42 U.S.C. 201 et seq. )— (A) absent a right of reference from the holder of such approved application for the dormant therapy, the Secretary shall not approve an application filed pursuant to section 505(b)(2) or section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) , (j)) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) referencing or otherwise relying on the approval or licensure of the dormant therapy; (B) the Secretary shall not approve— (i) an application filed pursuant to such section 505(b)(2) or 505(j) that references or otherwise relies on the approval or licensure of a medicine that is not the dormant therapy, was approved subsequent to the approval of the dormant therapy, and contains the same active moiety as the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are the same); or (ii) an application filed pursuant to such section 351(k) that references or otherwise relies on the approval or licensure of a medicine that is not the dormant therapy, was approved subsequent to the approval or licensure of the dormant therapy, and contains an active moiety that is highly similar to the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are highly similar); and (C) the Secretary shall not approve an application filed pursuant to section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(1) ) for a drug that contains the same active moiety as the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are the same), or an application filed pursuant to section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for a biological product that contains an active moiety that is highly similar to the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are highly similar), unless— (i) the information provided to support approval of such application is comparable in scope and extent, including with respect to design and extent of preclinical and clinical testing, to the information provided to support approval of the application for the dormant therapy under section 505(b) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 355(b) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ); and (ii) if such clinical testing had not commenced before the approval of the application for the dormant therapy, the clinical testing establishes clinical superiority in the form of a significant therapeutic advantage over and above that provided by the dormant therapy in one or more of the following ways: (I) Greater effectiveness on a clinically meaningful endpoint. (II) Greater safety in a substantial portion of the target populations. (III) Where neither greater safety nor greater effectiveness has been shown, a demonstration that the drug otherwise makes a major contribution to patient care. (2) Patent term alignment with data package protection period (A) In general Notwithstanding any provision of title 35, United States Code, a sponsor of a medicine designated as a dormant therapy under subsection (a)(1), upon the approval or licensure thereof under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), and in lieu of filing a patent term extension application under section 156(d) of such title 35, shall be entitled to patent term extensions in accordance with this paragraph. (B) Submission of final listing of patents and applications for patents following approval (i) Submission The sponsor of the dormant therapy, within a period to be set by the Director of not less than 2 months beginning on the date the Secretary approves or licenses the dormant therapy, shall submit to the Director— (I) the listing of patents and applications for patents provided to the Secretary under subsection (b)(1); (II) any revisions to such listing as may be required for compliance with subsection (b)(1); and (III) any documentation the Director may require from the patentee or patent applicant (as the case may be) of the waiver of patent rights required under subsection (b)(2). (ii) Failure to provide sufficient documentation of waiver If the Director determines that the sponsor has not complied with the waiver requirements under subsection (c), after providing the sponsor the opportunity to remedy any insufficiency, the Director shall so notify the Secretary that the patent waiver requirements for designation have not been satisfied. (C) Extension of patents (i) In general Unless the Director has notified the Secretary of a determination under subparagraph (B)(ii), for each patent identified in a submission pursuant to subparagraph (B)(i), and for each patent issuing based upon an application for patent so identified, the Director shall, within the 3-month period beginning on the date of the submission, extend the patent to expire at the end of the protection period for the dormant therapy, if the patent would otherwise expire before the end of the protection period. If the Director has so notified the Secretary under subparagraph (B)(ii), the Director shall extend one such patent, selected by the sponsor, for the period that would have been applicable had an application for extension been filed under section 156 of title 35, United States Code, with respect to such patent. (ii) Application of certain provisions During the period of an extension under clause (i)— (I) the rights under the patent shall be limited in the manner provided under section 156(b) of title 35, United States Code; and (II) the terms product and approved product in such section 156(b) shall be deemed to include forms of the active moiety of the dormant therapy and highly similar active moieties that might be approved by the Secretary based upon an application filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) , (j)) or under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) that references or otherwise relies upon the dormant therapy. (D) Interim patent extensions Notwithstanding any provision of title 35, United States Code, with respect to any patent listed (or patent issuing on an application listed) under subsection (b)(1) that would otherwise expire before the sponsor could make a submission under subparagraph (B), the Director, upon application of the patentee, shall grant to the patentee an interim extension of such patent, subject to the limitations in section 156(d)(5)(F) of such title 35, for such period as may be necessary to permit the sponsor to submit the listing under subparagraph (B) and, if the patent is therein listed, to extend the patent as provided under subparagraph (C). The Director may require, for any patent extended under this subparagraph, that the sponsor of the dormant therapy to which the patent relates provide periodic certifications that development of the dormant therapy is continuing. The Director may terminate any interim extension for which a required certification has not been made. (E) Notice of extension For each patent that is extended under this paragraph, the Director shall publish a notice of such extension and issue a certificate of extension described in section 156(e)(1) of title 35, United States Code. (F) Notice of waiver For each patent identified in a submission under subparagraph (B)(i), and each patent issuing based upon an application for patent so identified, that expires after the end of the protection period for the dormant therapy, the Director shall publish a notice that the patent is subject to the limited waiver of the right to enforce described in subsection (c)(1). (f) Certain FDA protections inapplicable If a medicine has been designated as a dormant therapy under subsection (a), the protections otherwise applicable with respect to such medicine under sections 505A, 505E, and 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a , 355f, 360cc) shall not apply. The preceding sentence shall not be construed to affect any protections applicable with respect to a drug, including a drug designated under section 526 of such Act ( 21 U.S.C. 360bb ) for a rare disease or condition, under provisions other than such sections 505A, 505E, and 527. (g) Development certifications (1) In general The Secretary shall require that the sponsor of a dormant therapy provide periodic certifications that development of the dormant therapy to address one or more unmet medical needs is continuing. (2) Determination of noncompliance If the Secretary concludes that the sponsor has not complied with paragraph (1), after providing the sponsor the opportunity to remedy any insufficiency, the Secretary shall, for purposes of subsection (d)(1), determine that the sponsor is not in compliance with the certification requirement under paragraph (1). (h) Collaboration Nothing in this section shall be construed as preventing a sponsor from collaborating with other entities in developing a dormant therapy or applying for a dormant therapy designation. (i) Definitions For purposes of this section: (1) The term address one or more unmet medical needs refers to— (A) addressing a need for medicines for the treatment of one or more life-threatening or other serious diseases or conditions for which no therapy exists; or (B) if one or more therapies are available for the treatment of such a disease or condition, demonstrating through clinical investigations— (i) one or more improved effects on serious outcomes of the disease or condition that are affected by alternative therapies, such as superiority of the medicine used alone or in combination with other therapies in an active controlled trial assessing an endpoint reflecting serious morbidity; (ii) one or more effects on serious outcomes of the disease or condition not known to be affected by alternative therapies, such as progressive disability in multiple sclerosis when alternative therapies have shown an effect on exacerbations but have not shown an effect on progressive disability; (iii) an ability— (I) to provide one or more benefits in patients who are unable to tolerate or are unresponsive to alternative therapies, such as an antipsychotic agent that is effective in people failing standard therapy; or (II) to be used effectively in combination with other critical agents that cannot be combined with alternative therapies; (iv) an ability to provide one or more benefits similar to those of alternative therapies while— (I) avoiding serious toxicity that is present in alternative therapies; or (II) avoiding less serious toxicity that is common in alternative therapies and causes discontinuation of treatment of a life-threatening or serious disease; or (v) an ability to provide one or more benefits similar to those of alternative therapies but with improvement in some factor, such as compliance or convenience, that is shown to lead to improved effects on serious outcomes. (2) The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (3) The term dormant therapy means a medicine designated as a dormant therapy under subsection (a). (4) The term protection period for a dormant therapy means the period that— (A) begins on the date on which the Secretary first approves an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for the dormant therapy for any indication; and (B) ends on the date that is 15 years after the date of such approval. (5) The term sponsor for a dormant therapy is the person who takes responsibility for the designation and development of the dormant therapy. The sponsor may be a single entity or an entity collaborating with one or more other entities. 202. Study regarding new indications for existing therapies Not later than one year after the date of the enactment of this Act, the Secretary shall enter into an arrangement with the Institute of Medicine (or, if the Institute declines, another appropriate entity)— (1) to conduct a study on intellectual property laws and their impact on therapy and diagnostic development in order to formulate recommendations on how to facilitate the clinical evaluation and development of therapies currently available on the market for new potential indications; and (2) not later than 18 months after such date of the enactment, to submit a report to the Secretary and the Congress containing the results of such study.

https://www.govinfo.gov/content/pkg/BILLS-113hr3091ih/xml/BILLS-113hr3091ih.xml

113-hr-3092

I 113th CONGRESS 1st Session H. R. 3092 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Missing Children’s Assistance Act, and for other purposes. 1. Short title This Act may be cited as the E. Clay Shaw, Jr. Missing Children’s Assistance Reauthorization Act of 2013 . 2. Amendments (a) Findings Section 402 of the Missing Children’s Assistance Act ( 42 U.S.C. 5771 ) is amended— (1) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively, and (2) by inserting after paragraph (2) the following: (3) many missing children are runaways; . (b) Duties and functions of Administrator Section 404 of the Missing Children’s Assistance Act ( 42 U.S.C. 5773 ) is amended— (1) in subsection (a)— (A) in paragraph(5)— (i) by striking Representatives, and and inserting Representatives, the Committee on Education and the Workforce of the House of Representatives, , and (ii) by inserting , and the Committee on the Judiciary of the Senate after Senate , (B) by redesignating paragraphs (4) and (5) as (5) and (6), respectively, and (C) by inserting after paragraph (3) the following: (4) coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation; , (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (C)— (I) by striking and after governments, , and (II) by inserting State and local educational agencies, after agencies, , (ii) in subparagraph (R) by striking and at the end, (iii) in subparagraph (S) by striking the period at the end and inserting a semicolon, and (iv) by adding at the end the following: (T) provide technical assistance and training to State and local law enforcement agencies and statewide clearinghouses to coordinate with State and local educational agencies in identifying and recovering missing children; (U) assist the efforts of law enforcement agencies in coordinating with child welfare agencies to respond to foster children missing from the State welfare system; and (V) provide technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking. , and (B) by amending paragraph (2) to read as follows: (2) Limitation (A) In general Notwithstanding any other provision of law, no Federal funds may be used to pay the compensation of an individual employed by the Center if such compensation, as determined at the beginning of each grant year, exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government’s Senior Executive Service (SES) for that year. The Center may compensate an employee at a higher rate provided the amount in excess of this limitation is paid with non-Federal funds. (B) Definition of compensation For the purpose of this paragraph, the term compensation — (i) includes salary, bonuses, periodic payments, severance pay, the value of a compensatory or paid leave benefit not excluded by clause (ii), and the fair market value of any employee perquisite or benefit not excluded by clause (ii); and (ii) excludes any Center expenditure for health, medical, or life insurance, or disability or retirement pay, including pensions benefits. , (3) in subsection (c)(1)— (A) by striking periodically and inserting triennially , and (B) by striking kidnapings and inserting kidnappings , and (4) in subsection (c)(2) by inserting , in compliance with the Family Educational Rights and Privacy Act of 1974 ( 20 U.S.C. 1232g ) after birth certificates . (c) Grants Section 405(a) of the Missing Children’s Assistance Act ( 42 U.S.C. 5775(a) ) is amended— (1) in paragraph (1) by inserting schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers, after children, , and (2) in paragraph (3) by inserting and schools after communities . 3. Authorization of appropriations Section 407 of the Missing Children’s Assistance Act ( 42 U.S.C. 5777 ) is amended— (1) in subsection (a) by striking such and all that follows through the period at the end, and inserting $40,000,000 for each of the fiscal years 2014 through 2018, up to $32,200,000 of which shall be used to carry out section 404(b) for each such fiscal year. , and (2) by striking Sec. 407 and inserting Sec. 408 . 4. Oversight and accountability The Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ) is amended by inserting after section 406 the following: 407. Oversight and accountability All grants awarded by the Department of Justice that are authorized under this title shall be subject to the following: (1) Audit requirement For 2 of the fiscal years in the period of fiscal years 2014 through 2018, the Inspector General of the Department of Justice shall conduct audits of the recipient of grants under this title to prevent waste, fraud, and abuse by the grantee. (2) Mandatory exclusion If the recipient of grant funds under this title is found to have an unresolved audit finding, then that entity shall not be eligible to receive grant funds under this title during the 2 fiscal years beginning after the 12-month period described in paragraph (4). (3) Repayment of grant funds If an entity is awarded grant funds under this title during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall— (A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (4) Defined term In this section, the term unresolved audit finding means an audit report finding in the final report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued. (5) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this title, the term nonprofit , relating to an entity, means the entity is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition The Attorney General shall not award a grant under any grant program described in this title to a nonprofit organization that holds money in off-shore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a grant under this title and uses the procedures prescribed in regulations under section 53.4958-6 of title 26 of the Code of Federal Regulations to create a rebuttable presumption of reasonableness of the compensation for its officers, directors, trustees and key employees, shall disclose to the Attorney General the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information available for public inspection. (6) Conference expenditures (A) Limitation No amounts authorized to be appropriated under this title may be used to host or support any expenditure for conferences that uses more than $20,000 unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy director as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved by operation of this paragraph. (7) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this title may not be utilized by any grant recipient to— (i) lobby any representative of the Department of Justice regarding the award of any grant funding; or (ii) lobby any representative of a Federal, state, local, or tribal government regarding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant under this title has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this title for not less than 5 years. (C) Clarification For purposes of this paragraph, submitting an application for a grant under this title shall not be considered lobbying activity in violation of subparagraph (A). . Passed the House of Representatives September 17, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr3092eh/xml/BILLS-113hr3092eh.xml

113-hr-3093

I 113th CONGRESS 1st Session H. R. 3093 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mrs. Black (for herself, Mr. Griffin of Arkansas , Mr. Westmoreland , Mrs. Blackburn , Mr. Fleischmann , Mr. Crawford , and Mr. Duncan of Tennessee ) 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 exclude individuals who receive health insurance coverage pursuant to the terms of a collective bargaining agreement from tax credits and reductions in cost-sharing under the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Union Bailout Prevention Act of 2013 . 2. Limitation on subsidies for individuals in collectively bargained health plans (a) In general Notwithstanding any other provision of law, no premium tax credits shall be permitted under section 36B of the Internal Revenue Code of 1986 and no reductions in cost-sharing shall be permitted under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) with respect to an individual for health insurance coverage provided pursuant to the terms of a collective bargaining agreement involving one or more employers. (b) Qualified plans Section 1301(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a) ) is amended by adding at the end the following: (5) Collectively bargained plans The term qualified health plan shall not include health insurance coverage provided pursuant to the terms of a collective bargaining agreement involving one or more employers. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3093ih/xml/BILLS-113hr3093ih.xml

113-hr-3094

I 113th CONGRESS 1st Session H. R. 3094 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the deduction for qualified tuition and related expenses. 1. Short title This Act may be cited as the Tuition Relief for Students Act of 2013 . 2. Extension of deduction for qualified tuition and related expenses (a) In general Section 222(e) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2017 . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3094ih/xml/BILLS-113hr3094ih.xml

113-hr-3095

I 113th CONGRESS 1st Session H. R. 3095 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Bucshon (for himself, Mr. Lipinski , Mr. Radel , Mr. Farenthold , Mr. Young of Alaska , Mr. Hanna , Mr. Gibbs , Mr. Ribble , Mr. Meehan , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure that any new or revised requirement providing for the screening, testing, or treatment of individuals operating commercial motor vehicles for sleep disorders is adopted pursuant to a rulemaking proceeding, and for other purposes. 1. Commercial motor vehicle operator requirements relating to sleep disorders (a) In general The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding. (b) Applicability Subsection (a) shall not apply to a requirement that was in force before September 1, 2013. (c) Sleep disorders defined In this section, the term sleep disorders includes obstructive sleep apnea.

https://www.govinfo.gov/content/pkg/BILLS-113hr3095ih/xml/BILLS-113hr3095ih.xml

113-hr-3096

I 113th CONGRESS 1st Session H. R. 3096 IN THE HOUSE OF REPRESENTATIVES AN ACT To designate the building occupied by the Federal Bureau of Investigation located at 801 Follin Lane, Vienna, Virginia, as the Michael D. Resnick Terrorist Screening Center . 1. Designation The building occupied by the Federal Bureau of Investigation located at 801 Follin Lane, Vienna, Virginia, shall be known and designated as the Michael D. Resnick Terrorist Screening Center during the period in which the building is occupied by the Federal Bureau of Investigation. 2. References During the period in which the building referred to in section 1 is occupied by the Federal Bureau of Investigation, any reference in a law, map, regulation, document, paper, or other record of the United States to that building shall be deemed to be a reference to the Michael D. Resnick Terrorist Screening Center . Passed the House of Representatives September 27, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr3096eh/xml/BILLS-113hr3096eh.xml

113-hr-3097

I 113th CONGRESS 1st Session H. R. 3097 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Ms. DeLauro (for herself, Mr. Meeks , Mr. Rangel , Mr. Lewis , Ms. Clarke , Mr. Clay , Ms. Lee of California , Ms. Jackson Lee , Ms. Wilson of Florida , Ms. Eddie Bernice Johnson of Texas , Ms. Kelly of Illinois , Mr. Conyers , Mr. Cummings , Mr. Johnson of Georgia , Mr. Nadler , Mr. Watt , Mr. Carson of Indiana , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To posthumously award a congressional gold medal to Constance Baker Motley. 1. Short title This Act may be cited as the Congressional Tribute to Constance Baker Motley Act of 2013 . 2. Findings Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the LDF ), and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the United States. (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) In addition to writing briefs in Brown v. Board of Education, Motley was trial or appellate counsel in 57 civil rights cases in the United States Supreme Court, 82 cases in Federal courts of appeals, 48 cases in Federal district courts, and numerous cases in State courts. She argued four appeals in desegregation cases in one day. She won cases that ended de jure segregation in White only restaurants and lunch counters. She protected the right of protestors to march, sit-in, freedom ride, and demonstrate in other ways. She represented Dr. Martin Luther King, Jr., and other jailed civil rights activists and forced their release when they were arrested and locked up in Southern jails. She secured the right for Blacks to register, vote, and have access to the political power structure. She won education desegregation cases in almost every State in the South and the District of Columbia and secured the right for Blacks to attend formerly all White public schools, colleges, and universities including the representation of James Meredith against the University of Mississippi, Charlayne Hunter Gault and Hamilton Holmes against the University of Georgia, Autherine Lucy against the University of Alabama, Harvey Gantt against Clemson College, and Ernest Morial against Louisiana State University. Without her victories in the courtroom, the goal of ending racial segregation in public schools, colleges, and universities, public accommodations, and voting—a goal of the Civil Rights Movement—may not have been achieved. (6) As the country celebrates the 50th Anniversary of the Birmingham Movement , it is noted that Motley was the attorney who went South and represented Dr. King, defended his right to march in Birmingham, Alabama, and Albany, Georgia, and obtained the court order which mandated the reinstatement of over 1,000 school children who had been expelled from school for demonstrating with Dr. King in Birmingham fifty years ago. She represented Freedom Riders who rode buses to test the Supreme Court's 1960 ruling prohibiting segregation in interstate transportation. She protected the right of Blacks to ride and sit in any vacant seat on buses and trains, to use bathroom facilities and drink from fountains in bus and train stations, to be served and eat at lunch counters and restaurants, to vote, stay in hotels, and to go to parks, museums, and places of public accommodations on an equal basis with Whites. She won the case in the Supreme Court that led to the reversal of all arrests and convictions of all of the thousands of sit-in activists. (7) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one. (8) Constance Baker Motley’s only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (9) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (10) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (11) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (12) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (13) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (14) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (15) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (16) Constance Baker Motley passed away on September 28, 2005, and is survived by her son, Joel Motley III, her 3 grandchildren, her brother, Edward Baker of Florida, and her sisters Eunice Royster and Marian Green, of New Haven, Connecticut. 3. Congressional gold medal (a) Presentation authorized The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. National medals (a) National medal The medal struck under section 3 is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. 6. Authority to use fund amounts; Proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr3097ih/xml/BILLS-113hr3097ih.xml

113-hr-3098

I 113th CONGRESS 1st Session H. R. 3098 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. McNerney (for himself, Mr. Garamendi , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to enhance the treatment of certain small business concerns for purposes of Department of Veterans Affairs contracting goals and preferences. 1. Short title This Act may be cited as the Service Disabled Veteran Owned Small Business Relief Act . 2. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs (a) In general Section 8127(h) of title 38, United States Code, is amended— (1) in paragraph (3), by striking rated as and all that follows through disability. and inserting a period; and (2) in paragraph (2), by amending subparagraph (C) to read as follows: (C) The date that— (i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran’s death; or (ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran’s death. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to contracts awarded on or after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3098ih/xml/BILLS-113hr3098ih.xml

113-hr-3099

I 113th CONGRESS 1st Session H. R. 3099 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Miller of Florida (for himself, Mr. Richmond , Mr. Boustany , Mr. Duncan of South Carolina , Mr. Farenthold , Mr. Latta , Mr. Olson , Mr. Palazzo , Mr. Rogers of Alabama , Mr. Scalise , Mr. Austin Scott of Georgia , Mr. Thompson of Mississippi , Mr. Walz , Mr. Westmoreland , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the development of a fishery management plan for the Gulf of Mexico red snapper, and for other purposes. 1. Short title This Act may be cited as the Gulf of Mexico Red Snapper Conservation Act of 2013 . 2. Definitions In this Act: (1) Coastal waters The term coastal waters means all waters of the Gulf of Mexico— (A) shoreward of the baseline from which the territorial sea of the United States is measured; and (B) seaward from the baseline described in subparagraph (A) to the inner boundary of the exclusive economic zone. (2) Commission The term Commission means the Gulf States Marine Fisheries Commission. (3) Exclusive economic zone The term exclusive economic zone has the meaning given to such term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (4) Federal fishery management plan The term Federal fishery management plan means the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council pursuant to section 622.1 of title 50, Code of Federal Regulations. (5) Fishery management measure The term fishery management measure means any policy, process, or tool used by a Gulf coastal State to implement the fishery management plan. (6) Fishery management plan The term fishery management plan means a plan created by the Commission for the sustainability of Gulf of Mexico red snapper and the economic and community benefits of each of the Gulf coastal States. (7) Gulf coastal State The term Gulf coastal State means any of— (A) Alabama; (B) Florida; (C) Louisiana; (D) Mississippi; or (E) Texas. (8) Gulf of Mexico red snapper The term Gulf of Mexico red snapper means members of stocks or populations of the species Lutjanis campechanus, which ordinarily are found shoreward of coastal waters. (9) Overfishing The term overfishing has the meaning given to such term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ). (10) Secretary The term Secretary means the Secretary of Commerce. 3. Data collection strategy for Gulf of Mexico red snapper Not later than one year after the date of the enactment of this Act, the Commission, with the support of the Secretary, shall prepare and adopt by vote a strategy for the collection of data on the Gulf of Mexico red snapper fishery that shall include— (1) measures to enhance interstate collaboration on the collection of data regarding the Gulf of Mexico red snapper fishery; and (2) a plan to undertake annual stock assessments of Gulf of Mexico red snapper. 4. Adopting a fishery management plan (a) In general Not later than one year after the date of the enactment of this Act, the Commission shall prepare and adopt by vote a fishery management plan and submit the plan to the Secretary. (b) Requirements In adopting a fishery management plan under subsection (a), the Commission shall ensure— (1) adequate opportunity for public participation prior to a vote under subsection (a), including— (A) at least 1 public hearing held in each Gulf coastal State; and (B) procedures for submitting written comments on the fishery management plan to the Commission and for making such comments and responses of the Commission available to the public; and (2) that such plan contains standards and procedures for the long-term sustainability of Gulf of Mexico red snapper based on the available science. (c) Limitations on quotas The fishery management plan shall address the quotas of Gulf of Mexico red snapper on the date of the enactment of this Act as follows: (1) Based on stock assessments, the fishery management plan may increase the quota apportioned to commercial fishing in a fair and equitable manner. (2) Except as provided in paragraph (3), the fishery management plan shall not reduce such quota until the date that is 3 years after the date of the enactment of this Act. (3) If there is a reduction in the stock of Gulf of Mexico red snapper prior to the date specified in paragraph (2), the fishery management plan shall reduce quotas apportioned to all fishing sectors in a fair and equitable manner that ensures a sustainable harvest of Gulf of Mexico red snapper. (d) Gulf coastal State requirements The fishery management plan shall describe standards of compliance for Gulf coastal States to use in developing fishery management measures. 5. Review and certification by Secretary (a) Plan review The Secretary shall review the fishery management plan submitted pursuant to section 4 to determine if the plan— (1) is compatible, to the extent practicable, with section 301 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851 ); and (2) will ensure the long-term sustainability of Gulf of Mexico red snapper populations. (b) Plan certification The Secretary shall determine whether to certify the fishery management plan based on the review conducted under subsection (a). (c) Failure To certify If the Secretary does not certify the fishery management plan under subsection (b), the Secretary shall submit a written explanation to the Commission explaining why the plan was not certified. The Commission may submit a new fishery management plan to the Secretary pursuant to section 4. (d) Time for Secretary response If the Secretary fails to act pursuant to subsection (b) within 120 days of receipt of the fishery management plan, the plan shall be treated as certified by the Secretary. 6. State implementation of the fishery management plan (a) Management measures deadline The Commission shall establish a deadline for each Gulf coastal State to submit fishery management measures to the Commission. (b) Review and approval Within 60 days of receipt of the fishery management measures, the Commission shall review and approve such measures that ensure each Gulf coastal State is in compliance with the objectives of the fishery management plan. (c) Revocation of Federal management The Commission shall certify to the Secretary that the Commission has approved the fishery management measures submitted under subsection (a) for all Gulf coastal States. Upon receipt of the certification, the Secretary shall— (1) publish a notice in the Federal Register revoking those regulations and portions of the Federal fishery management plan that are in conflict with the fishery management plan submitted under section 4, including the deletion of the Gulf of Mexico red snapper from the Federal fishery management plan; and (2) transfer management of Gulf of Mexico red snapper to the Gulf coastal States. (d) Implementation Upon the transfer of management described in subsection (c)(2), each Gulf coastal State shall implement the measures approved under subsection (b). 7. Commission oversight responsibilities (a) Implementation and enforcement of fishery management measures In December of the year following the transfer of management described in section 6(c)(2), and at any other time the Commission considers appropriate after that December, the Commission shall determine if— (1) each Gulf coastal State has fully adopted and implemented fishery management measures; (2) such measures continue to be in compliance with the fishery management plan; and (3) the enforcement of such measures by each Gulf coastal State is satisfactory to maintain the long-term sustainability and abundance of Gulf of Mexico red snapper. (b) Certification of overfishing and rebuilding plans If the Gulf of Mexico red snapper in a Gulf coastal State is experiencing overfishing or is subject to a rebuilding plan, that Gulf coastal State shall submit a certification to the Commission showing that such State— (1) has implemented the necessary measures to end overfishing or rebuild the fishery; and (2) in consultation with the National Oceanic and Atmospheric Administration, has implemented a program to provide for data collection adequate to monitor the harvest of Gulf of Mexico red snapper by such Gulf coastal State. 8. Opportunity to remedy (a) In general If the Commission finds that a Gulf coastal State is noncompliant under section 7, the Commission shall offer assistance to that Gulf coastal State to remedy the finding of noncompliance. (b) Notification to Secretary for continued noncompliance If, after such time as determined by the Commission, the Gulf coastal State receiving assistance described in subsection (a) remains noncompliant, the Commission shall vote on whether to notify the Secretary. 9. Closure of the Gulf of Mexico red snapper fishery (a) Conditions for closure Not later than 60 days after the receipt of a notice under section 8(b), the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the Federal waters adjacent to the waters of the Gulf coastal State that is the subject of such notice. (b) Considerations Prior to making a declaration under subsection (a) the Secretary shall consider the comments of such Gulf coastal State and the Commission. (c) Actions prohibited during closure During a closure of the Gulf of Mexico red snapper fishery under subsection (a), it is unlawful for any person— (1) to engage in fishing for Gulf of Mexico red snapper within the Federal waters adjacent to the waters of the Gulf coastal State covered by the closure; (2) to land, or attempt to land, the Gulf of Mexico red snapper to which the closure applies; or (3) to fail to return to the water any Gulf of Mexico red snapper to which the closure applies that are caught incidental to commercial harvest or in other recreational fisheries. 10. Economic analysis and report (a) Economic analysis of Gulf of Mexico red snapper fishery The Secretary, in consultation with the Gulf coastal States and the Commission, shall conduct a study and analysis of the economic impacts for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. The study shall include an analysis of— (1) the beneficial economic impacts on industries directly related to the Gulf of Mexico red snapper fishery, including boat sales, marina activity, boat construction and repair, fishing gear and tackle sales, and other closely related industries; and (2) the downstream economic impacts of the Gulf of Mexico red snapper fishery on the economies of the Gulf coastal States, including hotels, restaurants, grocery stores, related tourism, and other peripheral businesses and industries. (b) Biennial reports Beginning 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit a report on the findings of the study conducted under subsection (a) to Congress, the Governor of each of the Gulf coastal States, and the Commission. Each report shall be made available to the public and shall include recommendations for additional actions to be taken to encourage the sustainability of the Gulf of Mexico red snapper fishery.

https://www.govinfo.gov/content/pkg/BILLS-113hr3099ih/xml/BILLS-113hr3099ih.xml

113-hr-3100

I 113th CONGRESS 1st Session H. R. 3100 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to make local funds of the District of Columbia available for use by the District during any portion of a fiscal year in which no Federal law appropriating local funds for the fiscal year is in effect, at the rates of operation provided under the local budget act for the fiscal year, and for other purposes. 1. Short title This Act may be cited as the District of Columbia Government Shutdown Avoidance Act of 2013 . 2. Availability of District of Columbia local funds in absence of Federal law appropriating local funds (a) In General Subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after section 446B the following new section: 446C. Availability of Local Funds In Absence of Federal Law (a) Availability of Local Funds at Rate Established by Local Law in Absence of Federal Law Appropriating Local Funds Notwithstanding any other provision of this Act, during any portion of a fiscal year in which neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for the fiscal year is in effect, the District of Columbia may obligate and expend local funds for projects and activities in accordance with the local budget act for the fiscal year at the rate of operations provided under such local budget act. (b) Terms and Conditions The obligation and expenditure of local funds for a project or activity during a fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the obligation and expenditure of local funds for the project or activity during the preceding fiscal year, or the authority granted for such project or activity under the applicable law in effect at the time. (c) Definitions In this section— (1) the term District of Columbia continuing resolution means, with respect to a fiscal year, any joint resolution making continuing appropriations for the fiscal year which includes continuing appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District; (2) the term local budget act means, with respect to a fiscal year, the act of the Council adopting the annual budget for the District of Columbia government for such fiscal year, as enacted pursuant to this Act; and (3) the term regular District of Columbia appropriation bill means, with respect to a fiscal year, an annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for the fiscal year for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (d) Effective date This section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. . (b) Conforming Amendment Section 446 of such Act (sec. 1–204.46, D.C. Official Code) is amended by inserting section 446C, after section 446B, . (c) Clerical Amendment The table of contents of subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after the item relating to section 446B the following: 446C. Availability of local funds in absence of Federal law. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3100ih/xml/BILLS-113hr3100ih.xml

113-hr-3101

I 113th CONGRESS 1st Session H. R. 3101 IN THE HOUSE OF REPRESENTATIVES September 12, 2013 Mr. Ruppersberger introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the credit for employers establishing workplace child care facilities, to increase the child care credit to encourage greater use of quality child care services, to provide incentives for students to earn child care-related degrees and to work in child care facilities, and to increase the exclusion for employer-provided dependent care assistance. 1. Short title This Act may be cited as the Right Start Child Care and Education Act of 2013 . 2. Increase in employer-provided child care credit (a) Increase in creditable percentage of child care expenditures Paragraph (1) of section 45F(a) of the Internal Revenue Code of 1986 is amended by striking 25 percent and inserting 35 percent . (b) Increase in creditable percentage of resource and referral expenditures Paragraph (2) of section 45F(a) of such Code is amended by striking 10 percent and inserting 20 percent . (c) Increase in maximum credit Subsection (b) of section 45F of such Code is amended by striking $150,000 and inserting $225,000 . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Increase in dependent care credit (a) Increase in incomes eligible for full credit Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended by striking $15,000 and inserting $20,000 . (b) Increase in percentage of expenses allowable Paragraph (2) of section 21(a) of such Code is amended— (1) by striking 35 percent and inserting 50 percent , and (2) by striking 20 percent and inserting 35 percent . (c) Increase in dollar limit on amount creditable Subsection (c) of section 21 of such Code is amended— (1) by striking $3,000 in paragraph (1) and inserting $6,000 , and (2) by striking $6,000 in paragraph (2) and inserting $12,000 . (d) Credit To be refundable (1) In general Section 21 of such Code is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 36B. (2) Technical amendments (A) Section 21 of such Code, as so moved, is redesignated as section 36C. (B) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (2)) is amended by striking this chapter and inserting this subtitle . (C) Paragraph (1) of section 23(f) of such Code is amended by striking 21(e) and inserting 36C(e) . (D) Paragraph (6) of section 35(g) of such Code is amended by striking 21(e) and inserting 36C(e) . (E) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (F) Paragraph (2) of section 129(b) of such Code is amended by striking section 21(d)(2) and inserting section 36C(d)(2) . (G) Paragraph (1) of section 129(e) of such Code is amended by striking section 21(b)(2) and inserting section 36C(b)(2) . (H) Subsection (e) of section 213 of such Code is amended by striking section 21 and inserting section 36C . (I) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking section 21 and inserting section 36C . (J) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking section 21, and inserting section 36C, . (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (L) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B and inserting the following: Sec. 36C. Expenses for household and dependent care services necessary for gainful employment. . (M) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 4. Three-year credit for individuals holding child care-related degrees who work in licensed child care facilities (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Right start child care and education credit (a) Allowance of credit In the case of an individual who is an eligible child care provider for the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of $2,000. (b) 3-Year credit (1) In general The credit allowable by subsection (a) for any taxable year to an individual shall be allowed for such year only if the individual elects the application of this section for such year. (2) Election An election to have this section apply may not be made by an individual for any taxable year if such an election by such individual is in effect for any 3 prior taxable years. (c) Eligible child care provider For purposes of this section— (1) In general The term eligible child care provider means, for any taxable year, any individual if— (A) as of the close of such taxable year, such individual holds a bachelor’s degree in early childhood education, child care, or a related degree and such degree was awarded by an eligible educational institution (as defined in section 25A(f)(2)), and (B) during such taxable year, such individual performs at least 1,200 hours of child care services at a facility if— (i) the principal use of the facility is to provide child care services, (ii) no more than 25 percent of the children receiving child care services at the facility are children (as defined in section 152(f)) of the individual or such individual’s spouse, and (iii) the facility meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility. Subparagraph (B)(i) shall not apply to a facility which is the principal residence (within the meaning of section 121) of the operator of the facility. (2) Child care services The term child care services means child care and early childhood education. . (b) Clerical amendment The table of sections for such subpart A is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Right start child care and education credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 5. Increase in exclusion for employer-provided dependent care assistance (a) In general Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 (relating to dependent care assistance programs) is amended by striking $5,000 ($2,500 and inserting $7,500 ($3,750 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3101ih/xml/BILLS-113hr3101ih.xml

113-hr-3102

I 113th CONGRESS 1st Session H. R. 3102 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Food and Nutrition Act of 2008; and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nutrition Reform and Work Opportunity Act of 2013 . (b) Table of contents The table of contents of this Act is the following: Sec. 1. Short title; table of contents. Title I—Supplemental nutrition assistance program Sec. 101. Preventing payment of cash to recipients of supplemental nutrition assistance benefits for the return of empty bottles and cans used to contain food purchased with benefits provided under the program. Sec. 102. Retailers. Sec. 103. Enhancing services to elderly and disabled supplemental nutrition assistance program participants. Sec. 104. Food distribution program on Indian reservations. Sec. 105. Updating program eligibility. Sec. 106. Exclusion of medical marijuana from excess medical expense deduction. Sec. 107. Standard utility allowances based on the receipt of energy assistance payments. Sec. 108. Eligibility disqualifications. Sec. 109. Repeal of State work program waiver authority. Sec. 110. Ending supplemental nutrition assistance program benefits for lottery or gambling winners. Sec. 111. Improving security of food assistance. Sec. 112. Demonstration projects on acceptance of benefits of mobile transactions. Sec. 113. Use of benefits for purchase of community-supported agriculture share. Sec. 114. Restaurant meals program. Sec. 115. Mandating State immigration verification. Sec. 116. Data exchange standardization for improved interoperability. Sec. 117. Pilot projects to improve Federal-State cooperation in identifying and reducing fraud in the supplemental nutrition assistance program. Sec. 118. Prohibiting Government-sponsored recruitment activities. Sec. 119. Repeal of bonus program. Sec. 120. Funding of employment and training programs. Sec. 121. Monitoring employment and training programs. Sec. 122. Cooperation with program research and evaluation. Sec. 123. Pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program. Sec. 124. Authorization of appropriations. Sec. 125. Limitation on use of block grant to Puerto Rico. Sec. 126. Assistance for community food projects. Sec. 127. Emergency food assistance. Sec. 128. Nutrition education. Sec. 129. Retailer trafficking. Sec. 130. Technical and conforming amendments. Sec. 131. Tolerance level for excluding small errors. Sec. 132. Commonwealth of the Northern Mariana Islands pilot program. Sec. 133. Annual State report on verification of SNAP participation. Sec. 134. Termination of existing agreement. Sec. 135. Service of traditional foods in public facilities. Sec. 136. Testing applicants for unlawful use of controlled substances. Sec. 137. Eligibility disqualifications for certain convicted felons. Sec. 138. Expungement of unused supplemental nutrition assistance program benefits. Sec. 139. Pilot projects to promote work and increase State accountability in the supplemental nutrition assistance program. Sec. 140. Improved wage verification using the National Directory of New Hires. Sec. 141. Feasibility study for Indian tribes. Title II—Commodity distribution programs Sec. 201. Commodity distribution program. Sec. 202. Commodity supplemental food program. Sec. 203. Distribution of surplus commodities to special nutrition projects. Sec. 204. Processing of commodities. Title III—Miscellaneous Sec. 301. Farmers’ market nutrition program. Sec. 302. Nutrition information and awareness pilot program. Sec. 303. Fresh fruit and vegetable program. Sec. 304. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops. Sec. 305. Encouraging locally and regionally grown and raised food. Sec. 306. Review of public health benefits of white potatoes. Sec. 307. Healthy Food Financing Initiative. Sec. 308. Review of sole-source contracts in Federal nutrition programs. Sec. 309. Purchase of Halal and Kosher food for emergency food assistance program. I Supplemental nutrition assistance program 101. Preventing payment of cash to recipients of supplemental nutrition assistance benefits for the return of empty bottles and cans used to contain food purchased with benefits provided under the program Section 3(k)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k)(1) ) is amended— (1) by striking and hot foods and inserting hot foods ; and (2) by adding at the end the following: and any deposit fee in excess of amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether such fee is included in the shelf price posted for such food or food product, . 102. Retailers (a) Definition of retail food store Section 3(p)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(p)(1)(A) ) is amended by striking at least 2 and inserting at least 3 . (b) Alternative benefit delivery Section 7(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(f) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Imposition of costs (A) In general Except as provided in subparagraph (B), the Secretary shall require participating retailers (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies. (B) Exemptions The Secretary may exempt from subparagraph (A)— (i) farmers’ markets and other direct-to-consumer markets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and (ii) establishments described in paragraphs (3), (4), and (9) of section 3(k), other than restaurants participating in a State option restaurant program. ; and (2) by adding at the end the following: (4) Termination of manual vouchers (A) In general Effective beginning on the effective date of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retailers to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation. (B) Exemptions The Secretary may exempt categories of retailers or individual retailers from subparagraph (A) based on criteria established by the Secretary. (5) Unique identification number required In an effort to enhance the antifraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain a unique business identification and a unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. In developing the regulations implementing this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions. The Secretary shall issue proposed regulations implementing this paragraph not earlier than 2 years after the date of enactment of this paragraph. . (c) Electronic benefit transfers Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(3)(B) ) is amended by striking is operational— and all that follows through (ii) in the case of other participating stores, and inserting is operational . (d) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended— (1) in the 2d sentence of subsection (a)(1) by striking ; and (C) and inserting ; (C) whether the applicant is located in an area with significantly limited access to food; and (D) ; and (2) by adding at the end the following: (g) EBT service requirement An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B). . 103. Enhancing services to elderly and disabled supplemental nutrition assistance program participants (a) Enhancing services to elderly and disabled program participants Section 3(p) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(p) ) is amended— (1) in paragraph (3) by striking and at the end; (2) in paragraph (4) by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (4) the following: (5) a governmental or private nonprofit food purchasing and delivery service that— (A) purchases food for, and delivers such food to, individuals who are— (i) unable to shop for food; and (ii) (I) not less than 60 years of age; or (II) physically or mentally handicapped or otherwise disabled; (B) clearly notifies the participating household at the time such household places a food order— (i) of any delivery fee associated with the food purchase and delivery provided to such household by such service; and (ii) that a delivery fee cannot be paid with benefits provided under supplemental nutrition assistance program; and (C) sells food purchased for such household at the price paid by such service for such food and without any additional cost markup. . (b) Implementation (1) Issuance of rules The Secretary of Agriculture shall issue regulations that— (A) establish criteria to identify a food purchasing and delivery service referred to in section 3(p)(5) of the Food and Nutrition Act of 2008 as amended by this Act; and (B) establish procedures to ensure that such service— (i) does not charge more for a food item than the price paid by the such service for such food item; (ii) offers food delivery service at no or low cost to households under such Act; (iii) ensures that benefits provided under the supplemental nutrition assistance program are used only to purchase food, as defined in section 3 of such Act; (iv) limits the purchase of food, and the delivery of such food, to households eligible to receive services described in section 3(p)(5) of such Act as so amended; (v) has established adequate safeguards against fraudulent activities, including unauthorized use of electronic benefit cards issued under such Act; and (vi) such other requirements as the Secretary deems to be appropriate. (2) Limitation Before the issuance of rules under paragraph (1), the Secretary of Agriculture may not approve more than 20 food purchasing and delivery services referred to in section 3(p)(5) of the Food and Nutrition Act of 2008 as amended by this Act, to participate as retail food stores under the supplemental nutrition assistance program. 104. Food distribution program on Indian reservations Section 4(b)(6)(F) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b)(6)(F) ) is amended by striking 2012 and inserting 2016 . 105. Updating program eligibility Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in the 2d sentence of subsection (a) by striking households in which each member receives benefits and inserting households in which each member receives cash assistance ; and (2) in subsection (j) by striking or who receives benefits under a State program and inserting or who receives cash assistance under a State program . 106. Exclusion of medical marijuana from excess medical expense deduction Section 5(e)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(5) ) is amended by adding at the end the following: (C) Exclusion of medical marijuana The Secretary shall promulgate rules to ensure that medical marijuana is not treated as a medical expense for purposes of this paragraph. . 107. Standard utility allowances based on the receipt of energy assistance payments (a) Standard utility allowances in the supplemental nutrition assistance program Section 5(e)(6)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(C) ) is amended— (1) in clause (i) by inserting , subject to clause (iv) after Secretary ; and (2) by striking subclause (I) of clause (iv) and inserting the following: (I) In general Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating and cooling costs, the standard utility allowance shall be made available to households that received a payment, or on behalf of which a payment was made, under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ) or other similar energy assistance program, if in the current month or in the immediately preceding 12 months, the household either received such payment, or such payment was made on behalf of the household, that was greater than $20 annually, as determined by the Secretary. ; and (b) Conforming amendment Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2)(A) ) is amended by inserting before the semicolon the following: , except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act ( 7 U.S.C. 2014(e)(6)(C)(iv)(I) ), as determined by the Secretary of Agriculture . (c) Effective date and implementation (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on October 1, 2013, and shall apply with respect to certification periods that begin after such date. (2) State option to delay implementation for current recipients A State may, at the option of the State, implement a policy that eliminates or reduces the effect of the amendments made by this section on households that received a standard utility allowance as of the date of enactment of this Act, for not more than a 180-day period that begins on the date on which such amendments would otherwise apply to the respective household. 108. Eligibility disqualifications Section 6(e)(3)(B) of Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e)(3)(B) ) is amended by striking section; and inserting the following: section, subject to the condition that the course or program of study— (i) is part of a program of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that may be completed in not more than 4 years at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); or (ii) is limited to remedial courses, basic adult education, literacy, or English as a second language; . 109. Repeal of State work program waiver authority Section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) ) is amended— (1) in paragraph (2)(D) by striking (5), or (6) and inserting or (5) ; (2) by striking paragraph (4); (3) in paragraph (6)— (A) in subparagraph (A)(ii)— (i) by striking subclause (II); (ii) in subclause (V) by striking (5) and inserting (4) ; and (iii) by redesignating subclauses (III), (IV), and (V) as subclauses (II), (III), and (IV), respectively; (B) in subparagraph (B) by striking (G) and inserting (H) ; (C) in subparagraph (D) by striking and each subsequent fiscal year and inserting through fiscal year 2013 ; (D) in subparagraph (F) by striking and each subsequent fiscal year and inserting through fiscal year 2013 ; and (E) by adding at the end the following: (H) Fiscal year 2014 and thereafter Subject to subparagraph (G), for fiscal year 2014 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of individuals identified as Nondisabled Adults Age 18–49 in Childless Households in the table B.5 Distribution of Participating Households by Household Composition and by State of the report entitled Characteristics of Supplemental Nutrition Assistance Program Households: Fiscal Year 2011 (Supplemental Nutrition Assistance Program Report No. SNAP–12–CHAR) prepared for and published by the Office of Research and Analysis of the Food and Nutrition Service of the Department of Agriculture in November 2012. ; and (4) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. 110. Ending supplemental nutrition assistance program benefits for lottery or gambling winners (a) In general Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended by adding at the end the following: (r) Ineligibility for benefits due to receipt of substantial lottery or gambling winnings (1) In general Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings. (2) Duration of ineligibility A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 5. (3) Agreements As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings. . (b) Conforming amendments Section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) ) is amended in the 2d sentence by striking sections 6(b), 6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g), and (r) of section 6 . 111. Improving security of food assistance Section 7(h)(8) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(8) ) is amended— (1) in the heading by striking card fee and inserting of cards ; (2) by striking A State and inserting the following: (A) Fees A State ; and (3) by adding after subparagraph (A) (as so designated by paragraph (2)) the following: (B) Purposeful loss of cards (i) In general Subject to terms and conditions established by the Secretary in accordance with clause (ii), if a household makes excessive requests for replacement of the electronic benefit transfer card of the household, the Secretary may require a State agency to decline to issue a replacement card to the household unless the household, upon request of the State agency, provides an explanation for the loss of the card. (ii) Requirements The terms and conditions established by the Secretary shall provide that— (I) the household be given the opportunity to provide the requested explanation and meet the requirements under this paragraph promptly; (II) after an excessive number of lost cards, the head of the household shall be required to review program rights and responsibilities with State agency personnel authorized to make determinations under section 5(a); and (III) any action taken, including actions required under section 6(b)(2), other than the withholding of the electronic benefit transfer card until an explanation described in subclause (I) is provided, shall be consistent with the due process protections under section 6(b) or 11(e)(10), as appropriate. (C) Protecting vulnerable persons In implementing this paragraph, a State agency shall act to protect homeless persons, persons with disabilities, victims of crimes, and other vulnerable persons who lose electronic benefit transfer cards but are not intentionally committing fraud. (D) Effect on eligibility While a State may decline to issue an electronic benefits transfer card until a household satisfies the requirements under this paragraph, nothing in this paragraph shall be considered a denial of, or limitation on, the eligibility for benefits under section 5. . 112. Demonstration projects on acceptance of benefits of mobile transactions Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended by adding at the end the following: (14) Demonstration projects on acceptance of benefits of mobile transactions (A) In general The Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores, farmers markets, and other direct producer-to-consumer marketing outlets to accept benefits from recipients of supplemental nutrition assistance through mobile transactions. (B) Demonstration projects To be eligible to participate in a demonstration project under subsection (a), a retail food store, farmers market, or other direct producer-to-consumer marketing outlet shall submit to the Secretary for approval a plan that includes— (i) a description of the technology; (ii) the manner by which the retail food store, farmers market or other direct producer-to-consumer marketing outlet will provide proof of the transaction to households; (iii) the provision of data to the Secretary, consistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and (iv) such other criteria as the Secretary may require. (C) Date of completion The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016. (D) Report to congress The Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes a finding, based on the data provided under subparagraph (C) whether or not implementation in all States is in the best interest of the supplemental nutrition assistance program. . 113. Use of benefits for purchase of community-supported agriculture share Section 10 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2019 ) is amended in the 1st sentence by inserting agricultural producers who market agricultural products directly to consumers shall be authorized to redeem benefits for the initial cost of the purchase of a community-supported agriculture share, after food so purchased, . 114. Restaurant meals program (a) In general Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (1) in paragraph (22) by striking and at the end; (2) in paragraph (23)(C) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (24) if the State elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs (3), (4), and (9) of section 3(k)— (A) the plans of the State agency for operating the program, including— (i) documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area; (ii) the manner by which the State agency will limit participation to only those private establishments that the State determines necessary to meet the need identified in clause (i); and (iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and (B) a report by the State agency to the Secretary annually, the schedule of which shall be established by the Secretary, that includes— (i) the number of households and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and (ii) an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i). . (b) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended by adding at the end the following: (h) Private establishments (1) In general Subject to paragraph (2), no private establishment that contracts with a State agency to offer meals at concessional prices as described in paragraphs (3), (4), and (9) of section 3(k) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the private establishment is required to meet a documented need in accordance with section 11(e)(24). (2) Existing contracts (A) In general If, on the day before the effective date of this subsection, a State has entered into a contract with a private establishment described in paragraph (1) and the Secretary has not determined that the participation of the private establishment is necessary to meet a documented need in accordance with section 11(e)(24), the Secretary shall allow the operation of the private establishment to continue without that determination of need for a period not to exceed 180 days from the date on which the Secretary establishes determination criteria, by regulation, under section 11(e)(24). (B) Justification If the Secretary determines to terminate a contract with a private establishment that is in effect on the effective date of this subsection, the Secretary shall provide justification to the State in which the private establishment is located for that termination. (3) Report to Congress Not later than 90 days after September 30, 2014, and 90 days after the last day of each fiscal year thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the effectiveness of a program under this subsection using any information received from States under section 11(e)(24) as well as any other information the Secretary may have relating to the manner in which benefits are used. . (c) Conforming amendments Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) ) is amended by inserting subject to section 9(h) after concessional prices each place it appears. 115. Mandating State immigration verification Section 11(p) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(p) ) is amended to read as follows: (p) State verification option In carrying out the supplemental nutrition assistance program, a State agency shall be required to use an income and eligibility, or an immigration status, verification system established under section 1137 of the Social Security Act ( 42 U.S.C. 1320b–7 ), in accordance with standards set by the Secretary. . 116. Data exchange standardization for improved interoperability (a) Data exchange standardization Section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) is amended by adding at the end the following: (v) Data exchange standards for improved interoperability (1) Designation The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern, under this part— (A) necessary categories of information that State agencies operating such programs are required under applicable law to electronically exchange with another State agency; and (B) Federal reporting and data exchange required under applicable law. (2) Requirements The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language; (B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; (C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance; (D) be consistent with and implement applicable accounting principles; (E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and (F) be capable of being continually upgraded as necessary. (3) Rules of construction Nothing in this subsection shall be construed to require a change to existing data exchange standards for Federal reporting found to be effective and efficient. . (b) Effective Date The Secretary shall issue a proposed rule within 24 months after the date of the enactment of this Act. The rule shall identify federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges. It should also specify state implementation options and describe future milestones. 117. Pilot projects to improve Federal-State cooperation in identifying and reducing fraud in the supplemental nutrition assistance program Section 12 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2021 ) is amended by adding at the end the following: (i) Pilot projects To improve Federal-State cooperation in identifying and reducing fraud in the supplemental nutrition assistance program (1) In general The Secretary shall carry out, under such terms and conditions as determined by the Secretary, pilot projects to test innovative Federal-State partnerships to identify, investigate, and reduce retailer fraud in the supplemental nutrition assistance program, including allowing States to operate retail Food Store investigation programs. At least 1 such pilot project shall be carried out in an urban area that is among the 10 largest urban areas in the United States (based on population) if the supplemental nutrition assistance program is separately administered in such area and if the administration of such program in such area complies with the other applicable requirements of such program. (2) Selection criteria Pilot projects shall be selected based on criteria the Secretary establishes, which shall include— (A) enhancing existing efforts by the Secretary to reduce retailer fraud; (B) requiring participant States to maintain their overall level of effort at addressing recipient fraud, as determined by the Secretary, prior to participation in the pilot project; (C) collaborating with other law enforcement authorities as necessary to carry out an effective pilot project; (D) commitment of the participant State agency to follow Federal rules and procedures with respect to retailer investigations; and (E) the extent to which a State has committed resources to recipient fraud and the relative success of those efforts. (3) Evaluation (A) The Secretary shall evaluate the projects selected under this subsection to measure the impact of the pilot projects. (B) Such evaluation shall include— (i) each pilot project’s impact on increasing the Secretary’s capacity to address retailer fraud; (ii) the effectiveness of the pilot projects in identifying, preventing and reducing retailer fraud; and (iii) the cost effectiveness of such pilot projects. (4) Report to congress Not later than September 30, 2017, 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 the results of each pilot project, including an evaluation of the impact of the project on retailer fraud and the costs associated with each pilot project. (5) Funding Any costs incurred by the State to operate the pilot projects in excess of the amount expended under this Act for retailer fraud in the respective State in the previous fiscal year shall not be eligible for Federal reimbursement under this Act. . 118. Prohibiting government-sponsored recruitment activities (a) Administrative cost-Sharing and quality control Section 16(a)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a)(4) ) is amended by inserting after recruitment activities the following: designed to persuade an individual to apply for program benefits or that promote the program via television, radio, or billboard advertisements . (b) Limitation on use of funds authorized To be appropriated under Act Section 18 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027 ) is amended by adding at the end the following: (g) Ban on recruitment and promotion activities (1) Except as provided in paragraph (2), no funds authorized to be appropriated under this Act shall be used by the Secretary for— (A) recruitment activities designed to persuade an individual to apply for supplemental nutrition assistance program benefits; (B) television, radio, or billboard advertisements that are designed to promote supplemental nutrition assistance program benefits and enrollment; or (C) any agreements with foreign governments designed to promote supplemental nutrition assistance program benefits and enrollment. (2) Paragraph (1)(B) shall not apply to programmatic activities undertaken with respect to benefits made available in response to a natural disaster. . (c) Ban on recruitment activities by entities that receive funds Section 18 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027 ) is amended by adding at the end the following: (h) Ban on recruitment by entities that receive funds The Secretary shall issue regulations that forbid entities that receive funds under this Act to compensate any person for conducting outreach activities relating to participation in, or for recruiting individuals to apply to receive benefits under, the supplemental nutrition assistance program if the amount of such compensation would be based on the number of individuals who apply to receive such benefits. . 119. Repeal of bonus program Section 16(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(d) ) is repealed. 120. Funding of employment and training programs Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(1)(A) ) is amended by striking $90,000,000 and all that follows through $79,000,000 , and inserting $79,000,000 for each fiscal year . 121. Monitoring employment and training programs (a) Reporting measures Section 16(h)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(5) ) is amended to read: (5) (A) In general The Secretary shall monitor the employment and training programs carried out by State agencies under section 6(d)(4) and assess their effectiveness in— (i) preparing members of households participating in the supplemental nutrition assistance program for employment, including the acquisition of basic skills necessary for employment; and (ii) increasing the numbers of household members who obtain and retain employment subsequent to their participation in such employment and training programs. (B) Reporting measures The Secretary, in consultation with the Secretary of Labor, shall develop reporting measures that identify improvements in the skills, training education or work experience of members of households participating in the supplemental nutrition assistance program. Measures shall be based on common measures of performance for federal workforce training programs, so long as they reflect the challenges facing the types of members of households participating in the supplemental nutrition assistance program who participate in a specific employment and training component. The Secretary shall require that each State employment and training plan submitted under section 11(e)(19) identify appropriate reporting measures for each of their proposed components that serve at least 100 people. Such measures may include: (i) the percentage and number of program participants who received employment and training services and are in unsubsidized employment subsequent to the receipt of those services; (ii) the percentage and number of program participants who obtain a recognized postsecondary credential, including a registered apprenticeship, or a regular secondary school diploma or its recognized equivalent, while participating in or within 1 year after receiving employment and training services; (iii) the percentage and number of program participants who are in an education or training program that is intended to lead to a recognized postsecondary credential, including a registered apprenticeship or on-the-job training program, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; (iv) subject to the terms and conditions set by the Secretary, measures developed by each State agency to assess the skills acquisition of employment and training program participants that reflect the goals of their specific employment and training program components, which may include, but are not limited to— (I) the percentage and number of program participants who are meeting program requirements in each component of the State’s education and training program; and (II) the percentage and number of program participants who are gaining skills likely to lead to employment as measured through testing, quantitative or qualitative assessment or other method; and (v) other indicators as approved by the Secretary. (C) State report Each State agency shall annually prepare and submit to the Secretary a report on the State’s employment and training program that includes the numbers of supplemental nutrition assistance program participants who have gained skills, training, work or experience that will increase their ability to obtain regular employment using measures identified in subparagraph (B). (D) Modifications to the state employment and training plan Subject to the terms and conditions established by the Secretary, if the Secretary determines that the state agency’s performance with respect to employment and training outcomes is inadequate, the Secretary may require the State agency to make modifications to their employment and training plan to improve such outcomes. (E) Periodic evaluation (i) In general Subject to terms and conditions established by the Secretary, not later than October 1, 2016, and not less frequently than once every 5 years thereafter, the Secretary shall conduct a study to review existing practice and research to identify employment and training program components and practices that— (I) effectively assist members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment, and (II) are best integrated with statewide workforce development systems. (ii) Report to congress The Secretary shall submit a report that describes the results of the study under clause (i) to the Committee on Agriculture in the House of Representatives, and the Committee on Agriculture, Nutrition and Forestry in the Senate. . (b) Effective date Notwithstanding section 4(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(a) ), the Secretary shall issue interim final regulations implementing the amendment made by subsection (a) no later than 18 months after the date of enactment of this Act. States shall include such reporting measures in their employment and training plans for the 1st fiscal year thereafter that begins no sooner than 6 months after the date that such regulations are published. 122. Cooperation with program research and evaluation 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) Cooperation with program research and evaluation States, State agencies, local agencies, institutions, facilities such as data consortiums, and contractors participating in programs authorized under this Act shall cooperate with officials and contractors acting on behalf of the Secretary in the conduct of evaluations and studies under this Act and shall submit information at such time and in such manner as the Secretary may require. . 123. Pilot projects to reduce dependency and increase work effort in the supplemental nutrition assistance program Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ), as amended by section 121, is amended by adding at the end the following: (m) Pilot projects To reduce dependency and increase work effort in the supplemental nutrition assistance program (1) In general The Secretary shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to identify best practices for employment and training programs under this Act to raise the number of work registrants who obtain unsubsidized employment, increase their earned income, and reduce their reliance on public assistance, including but not limited to the supplemental nutrition assistance program. (2) Selection criteria Pilot projects shall be selected based on criteria the Secretary establishes, that shall include— (A) enhancing existing employment and training programs in the State; (B) agreeing to participate in the evaluation described in paragraph (3), including making available data on participants’ employment activities and post-participation employment, earnings, and public benefit receipt; (C) collaborating with the State workforce board and other job training programs in the State and local area; (D) the extent to which the pilot project’s components can be easily replicated by other States or political subdivisions; and (E) such additional criteria that ensure that the pilot projects— (i) target a variety of populations of work registrants, including childless adults, parents, and individuals with low skills or limited work experience; (ii) are selected from a range of existing employment and training programs including programs that provide— (I) section 20 workfare; (II) skills development for work registrants with limited employment history; (III) post-employment support services necessary for maintaining employment; and (IV) education leading to a recognized postsecondary credential, registered apprenticeship, or secondary school diploma or its equivalent; (iii) are located in a range of geographic areas, including rural, urban, and Indian reservations; and (iv) include participants who are exempt and not exempt under section (6)(d)(2). (3) Evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection to measure the impact of the pilot projects on the ability of each pilot project target population to find and retain employment that leads to increased household income and reduced dependency, compared to what would have occurred in the absence of the pilot project. (4) Report to congress By September 30, 2017, 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— (A) the results of each pilot project, including an evaluation of the impact of the project on the employment, income, and public benefit receipt of the targeted population of work registrants; (B) the Federal, State, and other costs of each pilot project; (C) the planned dissemination of the reports’ findings with State agencies; and (D) the steps and funding necessary to incorporate components of pilot projects that demonstrate increased employment and earnings into State employment and training programs. (5) Funding From amounts made available under section 18(a)(1), the Secretary shall make $10,000,000 available for each of the fiscal years 2014, 2015, and 2016 to carry out this subsection. Such amounts shall remain available until expended. (6) Use of funds (A) Funds provided under this subsection for pilot projects shall be used only for— (i) pilot projects that comply with the provisions of this Act; (ii) the costs and administration of the pilot projects; (iii) the costs incurred in providing information and data to the independent evaluation under paragraph (3); and (iv) the costs of the evaluation under paragraph (3). (B) Funds made available under this subsection may not be used to supplant non-Federal funds used for existing employment and training activities. . 124. Authorization of appropriations Section 18(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(1) ) is amended in the 1st sentence by striking 2012 and inserting 2016 . 125. Limitation on use of block grant to Puerto Rico Section 19(a)(2)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(a)(2)(B) ) is amended by adding at the end the following: (iii) Limitation on use of funds None of the funds made available to the Commonwealth of Puerto Rico under this subparagraph may be used to provide nutrition assistance in the form of cash benefits. . 126. Assistance for community food projects (a) Definition Section 25(a)(1)(B)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034(a)(1)(B)(i) ) is amended— (1) in subclause (II) by striking and at the end; (2) in subclause (III) by striking or at the end and inserting and ; and (3) by adding at the end the following: (IV) to provide incentives for the consumption of fruits and vegetables among low-income individuals; or . (b) Additional funding Section 25(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034 ) is amended by adding at the end the following: (3) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $10,000,000 for fiscal year 2014 and each fiscal year thereafter. Of the amount made available under this subparagraph for each such fiscal year, $5,000,000 shall be available to carry out subsection (a)(1)(B)(I)(IV). (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section, the funds transferred under subparagraph (A) without further appropriation. (C) Maintenance of funding The funding provided under subparagraph (A) shall supplement (and not supplant) other Federal funding made available to the Secretary to carry out this section. . 127. Emergency food assistance (a) Purchase of commodities Section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) is amended— (1) in paragraph (1) by striking 2008 through 2012 and inserting 2013 through 2016 ; (2) in paragraph (2) by striking subparagraphs (A), (B), and (C), and inserting the following: (A) for fiscal year 2013, $265,750,000; (B) for fiscal year 2014, the dollar amount of commodities specified in subparagraph (A) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2012 and June 30, 2013, and increased by $70,000,000; (C) for fiscal year 2015, the dollar amount of commodities determined for fiscal year 2014 under subparagraph (B) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2013 and June 30, 2014; (D) for fiscal year 2016, the dollar amount of commodities determined for fiscal year 2015 under subparagraph (C) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2014 and June 30, 2015, and reduced by $50,000,000; and (E) for each subsequent fiscal year, the dollar amount of commodities determined for the preceding fiscal year adjusted to reflect the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) for the 12-month period ending on the preceding June 30. ; and (3) by adding at the end the following: (3) Funds availability For purposes of the funds described in this subsection, the Secretary shall— (A) make the funds available for 2 fiscal years; and (B) allow States to carry over unexpended balances to the next fiscal year pursuant to such terms and conditions as are determined by the Secretary. . (b) Emergency food program infrastructure grants Section 209(d) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7511a(d) ) is amended by striking 2012 and inserting 2016 . 128. Nutrition education Section 28 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a ) is amended— (1) in subsection (b) by inserting and physical activity after healthy food choices ; and (2) in subsection (d)(1)— (A) in subparagraph (D) by striking $401,000,000; and inserting $372,000,000; and ; (B) by striking subparagraph (E); and (C) in subparagraph (F) by striking (F) for fiscal year 2016 and inserting (E) for fiscal year 2015 . 129. Retailer trafficking The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended by adding at the end the following: 29. Retailer trafficking (a) Purpose The purpose of this section is to provide the Department of Agriculture with additional resources to prevent trafficking in violation of this Act by strengthening recipient and retailer program integrity. Additional funds are provided to supplement the Department’s payment accuracy, and retailer and recipient integrity activities. (b) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $5,000,000 for fiscal year 2014 and each fiscal year thereafter. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1) without further appropriation. (3) Maintenance of funding The funding provided under paragraph (1) shall supplement (and not supplant) other Federal funding for programs carried out under this Act. . 130. Technical and conforming amendments (a) Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (g) by striking coupon, the last place it appears and inserting coupon ; (2) in subsection (k)(7) by striking or are and inserting and ; (3) by striking subsection (l); (4) by redesignating subsections (m) through (t) as subsections (l) through (s), respectively; and (5) by inserting after subsection (s) (as so redesignated) the following: (t) Supplemental nutritional assistance program means the program operated pursuant to this Act. . (b) Section 4(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(a) ) is amended by striking benefits the last place it appears and inserting Benefits . (c) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in the last sentence of subsection (i)(2)(D) by striking section 13(b)(2) and inserting section 13(b) ; and (2) in subsection (k)(4)(A) by striking paragraph (2)(H) and inserting paragraph (2)(G) . (d) Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended— (1) in subparagraph (B)(vii) by moving the left margin 4 ems to the left, and (2) in subparagraph (F)(iii) by moving the left margin 6 ems to the left. (e) Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended by redesignating the 2d paragraph (12) as paragraph (13). (f) Section 12 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2021 ) is amended— (1) in subsection (b)(3)(C) by striking civil money penalties and inserting civil penalties ; and (2) in subsection (g)(1) by striking ( 7 U.S.C. 1786 ) and inserting ( 42 U.S.C. 1786 ) . (g) Section 15(b)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2024(b)(1) ) is amended in the 1st sentence by striking an benefit both places it appears and inserting a benefit . (h) Section 16(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) ) is amended in the proviso following paragraph (8) by striking , as amended. . (i) Section 18(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(e) ) is amended in the 1st sentence by striking sections 7(f) and inserting section 7(f) . (j) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(10)(B)(i) ) is amended in the last sentence by striking Food benefits and inserting Benefits . (k) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2035(f)(3)(C) ) is amended by striking subsection and inserting subsections . (l) Section 27(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a)(1) ) is amended by striking ( Public Law 98–8 ; 7 U.S.C. 612c note) and inserting ( 7 U.S.C. 7515 ) . (m) Section 509 of the Older Americans Act of 1965 ( 42 U.S.C. 3056g ) is amended in the section heading by striking food stamp programs and inserting supplemental nutrition assistance program . (n) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1871) is amended by striking 531 and inserting 454 . (o) Section 3803(c)(2)(C)(vii) of title 31 of the United States Code is amended by striking section 3(l) and inserting section 3(s) . (p) Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Public Law 104–193 ) is amended— (1) in subsection (a)(2) by striking section 3(l) and inserting section 3(s) ; (2) in subsection (b)(2) by striking section 3(l) and inserting section 3(s) ; and (3) in subsection (e)(2) by striking section 3(l) and inserting section 3(s) . (q) The Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c ) is amended— (1) in section 4(a) by striking Food Stamp Act of 1977 and inserting Food and Nutrition Act of 2008 ; and (2) in section 5— (A) in subsection (i)(1) by striking Food Stamp Act of 1977 and inserting Food and Nutrition Act of 2008 ; and (B) in subsection (l)(2)(B) by striking Food Stamp Act of 1977 and inserting Food and Nutrition Act of 2008 . (r) The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended— (1) in the heading of section 453(j)(10) by striking food stamp and inserting supplemental nutrition assistance ; (2) in section 1137— (A) in subsection (a)(5)(B) by striking food stamp and inserting supplemental nutrition assistance ; and (B) in subsection (b)(4) by striking food stamp program under the Food Stamp Act of 1977 and inserting supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ; and (3) in the heading of section 1631(n) by striking food stamp and inserting supplemental nutrition assistance . 131. Tolerance level for excluding small errors The Secretary shall set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c) )— (1) for fiscal year 2014 at an amount no greater than $25; and (2) for each fiscal year thereafter, the amount specified in paragraph (1) adjusted by the percentage by which the thrifty food plan is adjusted under section 3(u)(4) of such Act between June 30, 2012, and June 30 of the immediately preceding fiscal year. 132. Commonwealth of the Northern Mariana Islands pilot program (a) Study (1) In general Prior to establishing the pilot program under subsection (b), the Secretary shall conduct a study to be completed not later than 2 years after the effective date of this section to assess— (A) the capabilities of the Commonwealth of the Northern Mariana Islands to operate the supplemental nutrition assistance program in the same manner in which the program is operated in the States (as defined in section 3 of the Food and Nutrition Act ( 7 U.S.C. 2011 et seq. )); and (B) alternative models of the supplemental nutrition assistance program operation and benefit delivery that best meet the nutrition assistance needs of the Commonwealth of the Northern Mariana Islands. (2) Scope The study conducted under paragraph (1)(A) will assess the capability of the Commonwealth to fulfill the responsibilities of a State agency, including— (A) extending and limiting participation to eligible households, as prescribed by sections 5 and 6 of the Act; (B) issuing benefits through EBT cards, as prescribed by section 7 of the Act; (C) maintaining the integrity of the program, including operation of a quality control system, as prescribed by section 16(c) of the Act; (D) implementing work requirements, including operating an employment and training program, as prescribed by section 6(d) of the Act; and (E) paying a share of administrative costs with non-Federal funds, as prescribed by section 16(a) of the Act. (b) Establishment If the Secretary determines that a pilot program is feasible, the Secretary shall establish a pilot program for the Commonwealth of the Northern Mariana Islands to operate the supplemental nutrition assistance program in the same manner in which the program is operated in the States. (c) Scope The Secretary shall utilize the information obtained from the study conducted under subsection (a) to establish the scope of the pilot program established under subsection (b). (d) Report Not later than June 30, 2019, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the pilot program carried out under this section, including an analysis of the feasibility of operating in the Commonwealth of the Northern Mariana Islands the supplemental nutrition assistance program as it is operated in the States. (e) Funding (1) Study Of the funds made available under section 18(a)(1) of the Food and Nutrition Act of 2008, the Secretary may use not more than $1,000,000 in each of fiscal years 2014 and 2015 to conduct the study described in subsection (a). (2) Pilot program Of the funds made available under section 18(a)(1) of the Food and Nutrition Act of 2008, for the purposes of establishing and carrying out the pilot program established under subsection (b) of this section, including the Federal costs for providing technical assistance to the Commonwealth, authorizing and monitoring retail food stores, and assessing pilot operations, the Secretary may use not more than— (A) $13,500,000 in fiscal year 2016; and (B) $8,500,000 in each of fiscal years 2017 and 2018. 133. Annual State report on verification of SNAP participation (a) Annual report Not later 1 year after the date specified by the Secretary in the 180-day period beginning on the date of the enactment of this Act, and annually thereafter, each State agency that carries out the supplemental nutrition assistance program shall submit to the Secretary a report containing sufficient information for the Secretary to determine whether the State agency has, for the then most recently concluded fiscal year preceding such annual date, verified that households to which such State agency provided such assistance in such fiscal year— (1) did not obtain benefits attributable to a deceased individual; (2) did not include an individual who was simultaneously included in a household receiving such assistance in another State; and (3) did not include, during the time benefits were provided, an individual who was then disqualified from receiving benefits. (b) Penalty for noncompliance For any fiscal year for which a State agency fails to comply with subsection (a), the Secretary shall reduce by 50 percent the amount otherwise payable to such State agency under section 16(a) of the Food and Nutrition Act of 2008 with respect to such fiscal year. 134. Termination of existing agreement Effective on the date of the enactment of this Act, the memorandum of understanding entered into on July 22, 2004, by the Secretary of Agriculture of the United States Department of Agriculture and the Secretary of Foreign Affairs of the Republic of Mexico and known as the Partnership for Nutrition Assistance Initiative is null and void. 135. Service of traditional foods in public facilities (a) Definitions In this section: (1) Food service program The term food service program includes— (A) food service at a residential child care facility with a license from an appropriate State agency; (B) a child nutrition program (as defined in section 25(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f(b) ); (C) food service at a hospital or clinic or long term care facility; and (D) a senior meal program. (2) Indian; Indian tribe; Indian tribal organization The terms Indian ; Indian tribe ; and Indian Tribal Organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (3) Traditional food (A) In general The term traditional food means food that has traditionally been prepared and consumed by an Indian tribe. (B) Inclusions The term traditional food includes— (i) wild game meat; (ii) fish; (iii) seafood; (iv) marine mammals; (v) plants; and (vi) berries. (b) Program Notwithstanding any other provision of law, the Secretary shall allow the donation to and serving of traditional food through a food service program at a public facility, nonprofit facility, including facilities operated by an Indian tribe or tribal organization that primarily serves Indians if the operator of the food service program— (1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing; (2) makes a reasonable determination that— (A) the animal was not diseased; (B) the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and (C) the food will not cause a significant health hazard or potential for human illness; (3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or processing of other food for the applicable program to prevent cross-contamination; (4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; and (5) labels donated traditional food with the name of the food and stores the traditional food separately from other food for the applicable program, including through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator. (c) Liability Liability for damages from donated traditional food and products to the participating food service program shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of donated food. 136. Testing applicants for unlawful use of controlled substances Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ), as amended by section 109, is amended by adding at the end the following: (s) Testing applicants for unlawful use of controlled substances (1) Nothing in this Act, or in any other Federal law, shall be considered to prevent a State, at the full cost to such State, from— (A) enacting legislation to provide for testing any individual who is a member of a household applying for supplemental nutrition assistance benefits, for the unlawful use of controlled substances as a condition for receiving such benefits; and (B) finding an individual ineligible to participate in the supplemental nutrition assistance program on the basis of the positive result of the testing conducted by the State under such legislation. (2) For purposes of this subsection, term controlled substance has the meaning given such term in section 102 of the Controlled Substances Act (( 21 U.S.C. 802 ). . 137. Eligibility disqualifications for certain convicted felons (a) Amendment Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ), as amended by sections 109 and 135, is amended by adding at the end the following: (t) Disqualification for certain convicted felons (1) In general An individual shall not be eligible for benefits under this Act if the individual is convicted of— (A) aggravated sexual abuse under section 2241 of title 18, United States Code; (B) murder under section 1111 of title 18, United States Code; (C) an offense under chapter 110 of title 18, United States Code; (D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ); or (E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C). (2) Effects on assistance and benefits for others The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household. (3) Enforcement Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1). . (b) Conforming amendment Section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) ), as amended by section 109, is amended in the 2d sentence by striking and (r) and inserting , (r), and (t) . (c) Inapplicability to convictions occurring on or before enactment The amendments made by this section shall not apply to a conviction if the conviction is for conduct occurring on or before the date of the enactment of this Act. 138. Expungement of unused supplemental nutrition assistance program benefits Section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ), as amended by section 115, is amended by adding at the end the following: (w) Expungement of unused benefits The State agency shall expunge from the EBT account of a household benefits that are not used before the expiration of the 60-day period beginning on the date such benefits are posted to such account. . 139. Pilot projects to promote work and increase State accountability in the supplemental nutrition assistance program (a) Pilot projects Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ), as amended by sections 122 and 123, is amended by adding at the end the following: (n) 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 to enter into a cooperative agreement to operate a pilot project under this subsection, a State shall amend its State plan under section 11(d) to include a description of its pilot project and explanations of how such project meets the criteria required under this subsection. The Secretary may not disapprove a pilot project which meets the requirements under this subsection. (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 (3) to adults assigned and required to participate under paragraph (4)(A) and who are not exempt under paragraph (4)(B). (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. (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; and (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 this subsection 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 (3); (ii) participate in work activities specified in paragraph (3) 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) those with 1 or more dependent children under 1 year of age; (iii) 1 adult family member per household who is needed in the home to care for a disabled family member; (iv) an adult who is receiving temporary or permanent disability benefits provided by a governmental entity; and (v) 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 a cooperative 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 described in subclause (III)) 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 this subsection; (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 for control 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) Additional 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) Administrative expenses (i) Reimbursement Except as provided in clause (ii)— (I) if, in carrying out a pilot project under this subsection during a fiscal year, a State incurs costs that exceed the amount allocated to the State agency under section 16(h)(1), the Secretary shall pay such State an amount equal to 50 percent of such costs; and (II) the Secretary shall also reimburse the State in an amount equal to 50 percent of the total amount of payments made or costs incurred by the State agency in connection with transportation costs and other expenses reasonably necessary and directly related to participation in a pilot project under this subsection, except that the amount of the reimbursement for dependent care expenses shall not exceed an amount equal to the payment made under section 6(d)(4)(I)(i)(II) but not more than the applicable local market rate, and such reimbursement shall not be made out of funds allocated under section 16(h)(1). (ii) Limitation For any fiscal year, the Secretary may not pay under clause (i) to a State an amount the exceeds the amount equal to the product of— (I) the amount of administrative expenses that would be reimbursable for such fiscal year to such State under clause (i) without regard to this clause; and (II) $277,000,000 (plus the amount carried over, if any, under clause (iii)), divided by the aggregate amount of administrative expenses that would be reimbursable for such fiscal year to all of the States under clause (i) without regard to this clause. (iii) Carryover The amount by which $277,000,000 exceeds the aggregate amount paid under clause (i) for a particular fiscal year shall remain available for payments under such clause for any subsequent fiscal year. (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 under paragraph (6)(A)(i) 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 subparagraph (6)(A)(ii) shall be used only for— (i) pilot projects that comply with this subsection; and (ii) any State purpose, not to be restricted to the supplemental nutrition assistance program or its beneficiary population. . (b) Conforming amendments The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended— (1) in section 16, as amended by section 121 of this Act— (A) in subsection (a) by striking subsection (k) and inserting subsections (k) and (h) and section 20 ; and (B) in subsection (h)— (i) in paragraph (1)— (I) in subparagraph (A) by inserting under sections 6(d)(4) and 17(n) after programs ; and (II) by striking subparagraph (E); (ii) by striking paragraphs (2) and (3), and inserting the following: (2) Exclusion of reimbursement for administrative costs No funds may be paid under subsection (a) to a State agency for administrative costs incurred to carry out any of such programs in such fiscal year. ; (iii) in paragraph (4) by inserting or 17(n) after section 6(d)(4) ; and (iv) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (2) in section 20 by amending subsection (g) to read as follows: (g) Exclusion of reimbursement for administrative costs No funds may be paid under this section to a State agency for administrative costs incurred to carry out a workfare program operated under this section. ; and (3) in section 22(d)(1)(B)(ii) by striking , (g), (h)(2), and (h)(3) and inserting and (g) . 140. 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. . 141. Feasibility study for Indian tribes Section 4 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013 ) is amended by adding at the end the following: (d) Feasibility study for Indian tribes (1) Study Subject to the availability of appropriations to carry out this subsection, the Secretary shall conduct a study to determine the feasibility of a tribal demonstration project for tribes to administer all Federal food assistance programs, services, functions, and activities (or portions thereof) of the agency. (2) Considerations In conducting the study, the Secretary shall consider— (A) the probable effects on specific programs and program beneficiaries of such a demonstration project; (B) statutory, regulatory, or other impediments to implementation of such a demonstration project; (C) strategies for implementing such a demonstration project; (D) probable costs or savings associated with such a demonstration project; (E) methods to assure quality and accountability in such a demonstration project; and (F) such other issues that may be determined by the Secretary or developed through consultation with pursuant to paragraph (4). (3) Report Not later than 18 months after the effective date of this subsection, the Secretary shall submit a report to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. The report shall contain— (A) the results of the study under this subsection; (B) a list of programs, services, functions, and activities (or portions thereof) within each agency with respect to which it would be feasible to include in a tribal demonstration project; (C) a list of programs, services, functions, and activities (or portions thereof) included in the list provided pursuant to subparagraph (B) that could be included in a tribal demonstration project without amending a statute, or waiving regulations that the Secretary may not waiver; and (D) a list of legislative actions required in order to include those programs, services, function, and activities (or portions thereof) included in the list provided pursuant to subparagraph (B) but not included in the list provided pursuant to subparagraph (C), in a tribal demonstration project. (4) Consultation with Indian tribes The Secretary shall consult with Indian tribes to determine a protocol for consultation under paragraph (1) prior to consultation under such paragraph with the other entities described in such paragraph. The protocol shall require, at a minimum, that— (A) the government-to-government relationship with Indian tribes forms the basis for the consultation process; (B) the Indian tribes and the Secretary jointly conduct the consultations required by this subsection; and (C) the consultation process allows for separate and direct recommendations from the Indian tribes and other entities described in paragraph (1). (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $1,000,000. . II Commodity distribution programs 201. Commodity distribution program Section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ) is amended in the 1st sentence by striking 2012 and inserting 2016 . 202. Commodity supplemental food program Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ) is amended— (1) in paragraphs (1) and (2)(B) of subsection (a) by striking 2012 each place it appears and inserting 2016 ; (2) in the 1st sentence of subsection (d)(2) by striking 2012 and inserting 2016 ; (3) by striking subsection (g) and inserting the following: (g) Eligibility Except as provided in subsection (m), the States shall only provide assistance under the commodity supplemental food program to low-income individuals aged 60 and older. ; and (4) by adding at the end the following: (m) Phase-Out Notwithstanding any other provision of law, an individual who receives assistance under the commodity supplemental food program on the day before the effective date of this subsection shall continue to receive that assistance until the date on which the individual no longer qualifies for assistance under the eligibility criteria for the program in effect on the day before the effective date of this subsection. . 203. Distribution of surplus commodities to special nutrition projects Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 ( 7 U.S.C. 1431e(2)(A) ) is amended in the 1st sentence by striking 2012 and inserting 2016 . 204. Processing of commodities (a) Section 17 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note) is amended by— (1) striking the heading and inserting Commodity donations and processing ; and (2) adding at the end the following: (c) Processing For any program included in subsection (b), the Secretary may, notwithstanding any other provision of State or Federal law relating to the procurement of goods and services— (1) retain title to commodities delivered to a processor, on behalf of a State (including a State distributing agency and a recipient agency), until such time as end products containing such commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and (2) promulgate regulations to ensure accountability for commodities provided to a processor for processing into end products, and to facilitate processing of commodities into end products for use by recipient agencies. Such regulations may provide that— (A) a processor that receives commodities for processing into end products, or provides a service with respect to such commodities or end products, in accordance with its agreement with a State distributing agency or a recipient agency, provide to the Secretary a bond or other means of financial assurance to protect the value of such commodities; and (B) in the event a processor fails to deliver to a State distributing agency or a recipient agency an end product in conformance with the processing agreement entered into under this Act, the Secretary take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this paragraph and distribute any proceeds obtained by the Secretary to one or more State distributing agencies and recipient agencies as determined appropriate by the Secretary. . (b) Definitions Section 18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note) is amended by striking paragraphs (1) and (2) and inserting the following: (1) The term commodities means agricultural commodities and their products that are donated by the Secretary for use by recipient agencies. (2) The term end product means a food product that contains processed commodities. . (c) Technical and conforming amendments Section 3 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note; Public Law 100–237 ) is amended— (1) in subsection (a)— (A) in paragraph (2) by striking subparagraph (B) and inserting the following: (B) the program established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); ; and (B) in paragraph (3)(D) by striking the Committee on Education and Labor and inserting the Committee on Education and the Workforce ; (2) in subsection (b)(1)(A)(ii) by striking section 32 of the Agricultural Adjustment Act ( 7 U.S.C. 601 et seq. ) and inserting section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ) ; (3) in subsection (e)(1)(D)(iii) by striking subclause (II) and inserting the following: (II) the program established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); ; and (4) in subsection (k) by striking the Committee on Education and Labor and inserting the Committee on Education and the Workforce . III Miscellaneous 301. Farmers’ market nutrition program Section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 ) is amended— (1) in the section heading by striking Seniors ; (2) by amending subsection (a) to read as follows: (a) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out and expand the farmers market nutrition program $20,600,000 for each of fiscal years 2014 through 2016. (2) Additional funding There is authorized to be appropriated such sums as are necessary to carry out this subsection for each of the fiscal years specified in paragraph (1). (3) Requirement Not less than 50 percent of the funds made available to carry out this section in any fiscal year shall be used to provide assistance to seniors. ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking seniors ; and (B) in paragraph (1) by inserting , and low-income families who are determined to be at nutritional risk after low-income seniors ; (4) in subsection (c) by striking seniors ; (5) in subsection (d) by striking seniors ; (6) in subsection (e) by striking seniors ; (7) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and (8) by inserting after subsection (b) the following: (c) State grants and other assistance The Secretary shall carry out the Program through grants and other assistance provided in accordance with agreements made with States, for implementation through State agencies and local agencies, that include provisions— (1) for the issuance of coupons or vouchers to participating individuals; (2) establishing an appropriate annual percentage limitation on the use of funds for administrative costs; and (3) specifying other terms and conditions as the Secretary deems appropriate to encourage expanding the participation of small scale farmers in Federal nutrition programs. . 302. Nutrition information and awareness pilot program Section 4403 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3171 note; Public Law 107–171 ) is repealed. 303. Fresh fruit and vegetable program Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a ) is amended— (1) in the section heading, by striking Fresh ; (2) in subsection (a), by striking fresh ; (3) in subsection (b), by striking fresh ; and (4) in subsection (e), by striking fresh . 304. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops Section 10603 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 612c–4 ) is amended— (1) in subsection (b), by striking 2012 and inserting 2016 ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Pilot grant program for purchase of fresh fruits and vegetables (1) In general Using amounts made available to carry out subsection (b), the Secretary of Agriculture shall conduct a pilot program under which the Secretary will give not more than five participating States the option of receiving a grant in an amount equal to the value of the commodities that the participating State would otherwise receive under this section for each of fiscal years 2014 through 2016. (2) Use of grant funds A participating State receiving a grant under this subsection may use the grant funds solely to purchase fresh fruits and vegetables for distribution to schools and service institutions in the State that participate in the food service programs under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). (3) Selection of participating States The Secretary shall select participating States from applications submitted by the States. (4) Reporting requirements (A) School and service institution requirement Schools and service institutions in a participating State shall keep records of purchases of fresh fruits and vegetables made using the grant funds and report such records to the State. (B) State requirement Each participating State shall submit to the Secretary a report on the success of the pilot program in the State, including information on— (i) the amount and value of each type of fresh fruit and vegetable purchased by the State; and (ii) the benefit provided by such purchases in conducting the school food service in the State, including meeting school meal requirements. . 305. Encouraging locally and regionally grown and raised food (a) Commodity Purchase Streamlining The Secretary may permit each school food authority with a low annual commodity entitlement value, as determined by the Secretary, to elect to substitute locally and regionally grown and raised food for the authority’s allotment, in whole or in part, of commodity assistance for the school meal programs under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), if— (1) the election is requested by the school food authority; (2) the Secretary determines that the election will reduce State and Federal administrative costs; and (3) the election will provide the school food authority with greater flexibility to purchase locally and regionally grown and raised foods. (b) Farm-to-School demonstration programs (1) In general The Secretary may establish farm-to-school demonstration programs under which school food authorities, agricultural producers producing for local and regional markets, and other farm-to-school stakeholders will collaborate with the Agriculture Marketing Service to, on a cost neutral basis, source food for the school meal programs under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) from local farmers and ranchers in lieu of the commodity assistance provided to the school food authorities for the school meal programs. (2) Requirements (A) In general Each demonstration program carried out under this subsection shall— (i) facilitate and increase the purchase of unprocessed and minimally processed locally and regionally grown and raised agricultural products to be served under the school meal programs; (ii) test methods to improve procurement, transportation, and meal preparation processes for the school meal programs; (iii) assess whether administrative costs can be saved through increased school food authority flexibility to source locally and regionally produced foods for the school meal programs; and (iv) undertake rigorous evaluation and share information about results of the demonstration program, including cost savings, with the Secretary, other school food authorities, agricultural producers producing for the local and regional market, and the general public. (B) Plans In order to be selected to carry out a demonstration program under this subsection, a school food authority shall submit to the Secretary a plan at such time and in such manner as the Secretary may require, and containing information with respect to the requirements described in clauses (i) through (iv) of subparagraph (A). (3) Technical assistance The Secretary shall provide technical assistance to demonstration program participants to assist such participants to acquire bids from potential vendors in a timely and cost-effective manner. (4) Length The Secretary shall determine the appropriate length of time for each demonstration program under this subsection. (5) Coordination The Secretary shall coordinate among relevant agencies of the Department of Agriculture and non-governmental organizations with appropriate expertise to facilitate the provision of training and technical assistance necessary to successfully carry out demonstration programs under this subsection. (6) Number Subject to the availability of funds to carry out this subsection, the Secretary shall select at least 10 demonstration programs to be carried out under this subsection. (7) Diversity and balance In selecting demonstration programs to be carried out under this subsection, the Secretary shall, to the maximum extent practicable, ensure— (A) geographical diversity; (B) that at least half of the demonstration programs are completed in collaboration with school food authorities with small annual commodity entitlements, as determined by the Secretary; (C) that at least half of the demonstration programs are completed in rural or tribal communities; (D) equitable treatment of school food authorities with a high percentage of students eligible for free or reduced price lunches, as determined by the Secretary; and (E) that at least one of the demonstration programs is completed on a military installation as defined in section 2687(e)(1) of title 10, United States Code. 306. Review of public health benefits of white potatoes The Secretary shall conduct a review of the economic and public health benefits of white potatoes on low-income families who are determined to be at nutritional risk. Not later than 1 year after the date of the enactment of this Act, the Secretary shall report the findings of this review to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. 307. Healthy Food Financing Initiative (a) In general Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6951 et seq. ) is amended by adding at the end the following: 242. Healthy Food Financing Initiative (a) Purpose The purpose of this section is to enhance the authorities of the Secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to eligible fresh, healthy food retailers to overcome the higher costs and initial barriers to entry in underserved areas. (b) Definitions In this section: (1) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Initiative The term Initiative means the Healthy Food Financing Initiative established under subsection (c)(1). (3) National fund manager The term national fund manager means a community development financial institution that is— (A) in existence on the date of enactment of this section; and (B) certified by the Community Development Financial Institution Fund of the Department of Treasury to manage the Initiative for purposes of— (i) raising private capital; (ii) providing financial and technical assistance to partnerships; and (iii) funding eligible projects to attract fresh, healthy food retailers to underserved areas, in accordance with this section. (4) Partnership The term partnership means a regional, State, or local public-private partnership that— (A) is organized to improve access to fresh, healthy foods; (B) provides financial and technical assistance to eligible projects; and (C) meets such other criteria as the Secretary may establish. (5) Perishable food The term perishable food means a staple food that is fresh, refrigerated, or frozen. (6) Quality job The term quality job means a job that provides wages and other benefits comparable to, or better than, similar positions in existing businesses of similar size in similar local economies. (7) Staple food (A) In general The term staple food means food that is a basic dietary item. (B) Inclusions The term staple food includes— (i) bread; (ii) flour; (iii) fruits; (iv) vegetables; and (v) meat. (c) Initiative (1) Establishment The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in accordance with this subsection. (2) Implementation (A) In general (i) In general In carrying out the Initiative, the Secretary shall provide funding to entities with eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C). (ii) Use of funds Funds provided to an entity pursuant to clause (i) shall be used— (I) to create revolving loan pools of capital or other products to provide loans to finance eligible projects or partnerships; (II) to provide grants for eligible projects or partnerships; (III) to provide technical assistance to funded projects and entities seeking Initiative funding; and (IV) to cover administrative expenses of the national fund manager in an amount not to exceed 10 percent of the Federal funds provided. (B) Eligible projects Subject to the approval of the Secretary, the national fund manager shall establish eligibility criteria for projects under the Initiative, which shall include the existence or planned execution of agreements— (i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and (ii) to accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (C) Priorities In carrying out the Initiative, priority shall be given to projects that— (i) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of Treasury; and (ii) include 1 or more of the following characteristics: (I) The project will create or retain quality jobs for low-income residents in the community. (II) The project supports regional food systems and locally grown foods, to the maximum extent practicable. (III) In areas served by public transit, the project is accessible by public transit. (IV) The project involves women- or minority-owned businesses. (V) The project receives funding from other sources, including other Federal agencies. (VI) The project otherwise advances the purpose of this section, as determined by the Secretary. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $125,000,000, to remain available until expended. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— (1) in paragraph (6) by striking or at the end; (2) in paragraph (7) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (8) the authority of the Secretary to establish and carry out the Health Food Financing Initiative under section 242. . 308. Review of sole-source contracts in Federal nutrition programs The Secretary shall conduct an evaluation of sole-source contracts in Federal nutrition programs, and the effect such contracts have on program participation, program goals, nonprogram consumers, retailers, and free market dynamics. Not later than 1 year after the date of the enactment of this Act, the Secretary shall report the findings of this review to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. 309. Purchase of Halal and Kosher food for emergency food assistance program Section 202 of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7502 ) is amended by adding at the end the following: (h) Kosher and Halal food As soon as practicable after the date of enactment of this subsection, the Secretary shall finalize and implement a plan— (1) to increase the purchase of Kosher and Halal food from food manufacturers with a Kosher or Halal certification to carry out the program established under this Act if the Kosher and Halal food purchased is cost neutral as compared to food that is not from food manufacturers with a Kosher or Halal certification; and (2) to modify the labeling of the commodities list used to carry out the program in a manner that enables Kosher and Halal food bank operators to identify which commodities to obtain from local food banks. . Passed the House of Representatives September 19, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr3102eh/xml/BILLS-113hr3102eh.xml

113-hr-3103

I 113th CONGRESS 1st Session H. R. 3103 IN THE HOUSE OF REPRESENTATIVES September 16, 2013 Mr. Thompson of California (for himself, Mr. LoBiondo , Mr. Gutiérrez , and Mr. Forbes ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to modify the reporting requirements for decisions of the Foreign Intelligence Surveillance Court. 1. Short title This Act may be cited as the Intelligence Oversight and Accountability Act of 2013 . 2. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871(c) ) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and .

https://www.govinfo.gov/content/pkg/BILLS-113hr3103ih/xml/BILLS-113hr3103ih.xml

113-hr-3104

I 113th CONGRESS 1st Session H. R. 3104 IN THE HOUSE OF REPRESENTATIVES September 16, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the application of all laws, including the Patient Protection and Affordable Care Act, to the Federal Government and Congress, and for other purposes. 1. Application of general laws to Executive Branch and Congress Congress and the Executive Branch are expressly and equally bound by any Federal law which is intended to be broadly enforced upon the American people. 2. No Federally funded health care premium subsidies for Members of Congress, the President, and other civilian Federal workers until ACA is fully repealed (a) In general Subject to subsection (b), until the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is fully repealed, a Member or employee of Congress, the President, the Vice-President, any employee of the Executive Office of the President, and any other civilian Federal worker is not eligible for any Federally funded health care premium subsidies. (b) Exception Subsection (a) shall not apply to the provision of a health care premium subsidy— (1) under title XVIII or XIX of the Social Security Act; (2) for coverage under a health care program under chapter 17 of title 38, United States Code; or (3) for medical coverage under chapter 55 of title 10, United States Code, including coverage under the TRICARE program.

https://www.govinfo.gov/content/pkg/BILLS-113hr3104ih/xml/BILLS-113hr3104ih.xml

113-hr-3105

I 113th CONGRESS 1st Session H. R. 3105 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Crawford introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lacey Act Amendments of 1981 to exempt from such Act animals accidentally included in shipments of aquatic species produced in commercial aquaculture, and for other purposes. 1. Short title This Act may be cited as the Aquaculture Risk Reduction Act . 2. Exemption from Lacey Act of animals inadvertently included in shipments by commercial fish farmers (a) In general Section 2 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 ) is amended in paragraph (a)— (1) by striking The term and inserting (1) Except as provided in subparagraph (B), the term ; and (2) by adding at the end the following: (B) Such term does not include any animal accidentally included in a shipment of an aquatic species produced in commercial aquaculture for human consumption or for use for recreational or ornamental purposes. . (b) Application The amendment made by subsection (a) shall apply beginning on the date of the issuance of final regulations under subsection (c). (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Interior, acting through the United States Fish and Wildlife Service, shall issue regulations implementing the amendment made by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr3105ih/xml/BILLS-113hr3105ih.xml

113-hr-3106

I 113th CONGRESS 1st Session H. R. 3106 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mrs. Brooks of Indiana (for herself, Mr. Messer , Mr. Stutzman , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Veterans Affairs and the Secretary of the Army to reconsider decisions to inter or honor the memory of a person in a national cemetery, and for other purposes. 1. Short title This Act may be cited as the Alicia Dawn Koehl Respect for National Cemeteries Act . 2. Authority to reconsider decisions of Secretary of Veterans Affairs or Secretary of the Army to inter the remains or honor the memory of a person in a national cemetery (a) Authority To reconsider prior decisions Section 2411 of title 38, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): (d) (1) In a case described in paragraph (2)(A), the appropriate Federal official may reconsider a decision to— (A) inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or (B) honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title). (2) (A) A case described in this paragraph is a case in which the appropriate Federal official receives information that a person described in subparagraph (B) may have committed a Federal capital crime or a State capital crime but was not convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. (B) A person described in this subparagraph is a person— (i) whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or (ii) whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery. (3) (A) If in a case described in paragraph (2), the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a manner prescribed by the appropriate Federal official, that the person had committed a Federal capital crime or a State capital crime but had not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Federal official shall provide notice to the deceased person’s next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person. (B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows: (i) By the Secretary in accordance with section 5104 of this title. (ii) By the Secretary of Defense in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. (4) (A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (3) to file a notice of disagreement with the Federal official that provided the notice. (B) (i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed with the Board of Veterans’ Appeals under chapter 71 of this title, and shall be decided by the Board in accordance with the provisions of that chapter. (ii) A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. (5) When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (4)(A) or by a decision pursuant to paragraph (4)(B), the appropriate Federal official may take any of the following actions: (A) Disinter the remains of the person from the cemetery in the National Cemetery Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery. (B) Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person. . (b) Applicability The amendments made by subsection (a) shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act. 3. Disinterment of remains of Michael Lashawn Anderson from Fort Custer National Cemetery (a) Disinterment of remains The Secretary of Veterans Affairs shall disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery. (b) Notification of next-of-Kin The Secretary of Veterans Affairs shall— (1) notify the next-of-kin of record for Michael LaShawn Anderson of the impending disinterment of his remains; and (2) upon disinterment, relinquish the remains to the next-of-kin of record for Michael LaShawn Anderson or, if the next-of-kin of record for Michael LaShawn Anderson is unavailable, arrange for an appropriate disposition of the remains.

https://www.govinfo.gov/content/pkg/BILLS-113hr3106ih/xml/BILLS-113hr3106ih.xml

113-hr-3107

I 113th CONGRESS 1st Session H. R. 3107 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Ms. Clarke introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Secretary of Homeland Security to establish cybersecurity occupation classifications, assess the cybersecurity workforce, develop a strategy to address identified gaps in the cybersecurity workforce, and for other purposes. 1. Short title This Act may be cited as the Homeland Security Cybersecurity Boots-on-the-Ground Act . 2. Cybersecurity occupation classifications, workforce assessment, and strategy (a) Cybersecurity occupation classifications (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and issue comprehensive occupation classifications for individuals performing activities in furtherance of the cybersecurity mission of the Department of Homeland Security. (2) Applicability The Secretary of Homeland Security shall ensure that the comprehensive occupation classifications issued under subsection (a) may be used throughout the Department of Homeland Security and are made available to other Federal agencies. (b) Cybersecurity workforce assessment (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Chief Human Capital Officer and Chief Information Officer of the Department of Homeland Security, shall assess the readiness and capacity of the Department to meet its cybersecurity mission. (2) Contents The assessment required under paragraph (1) shall, at a minimum, include the following: (A) Information where cybersecurity positions are located within the Department of Homeland Security, specified in accordance with the cybersecurity occupation classifications issued under subsection (a). (B) Information on which cybersecurity positions are— (i) performed by— (I) permanent full time departmental employees; (II) individuals employed by independent contractors; and (III) individuals employed by other Federal agencies, including the National Security Agency; and (ii) vacant. (C) The number of individuals hired by the Department pursuant to the authority granted to the Secretary of Homeland Security in 2009 to permit the Secretary to fill 1,000 cybersecurity positions across the Department over a three-year period, and information on what challenges, if any, were encountered with respect to the implementation of such authority. (D) Information on vacancies within the Department’s cybersecurity supervisory workforce, from first line supervisory positions through senior departmental cybersecurity positions. (E) Information on the percentage of individuals within each cybersecurity occupation classification who received essential training to perform their jobs, and in cases in which such training is not received, information on what challenges, if any, were encountered with respect to the provision of such training. (c) Workforce strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive workforce strategy that enhances the readiness, capacity, training, and recruitment and retention of the cybersecurity workforce of the Department of Homeland Security. (2) Contents The comprehensive workforce strategy developed under paragraph (1) shall include— (A) a multiphased recruitment plan; and (B) a 10-year projection of Federal workforce needs. (d) Information security training Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish and maintain a process to verify on an ongoing basis that individuals employed by independent contractors who serve in cybersecurity positions at the Department of Homeland Security receive initial and recurrent information security training comprised of general security awareness training necessary to perform their job functions, and role-based security training that is commensurate with assigned responsibilities. The Secretary shall monitor and maintain documentation to ensure that training provided to an individual under this subsection meets or exceeds requirements for such individual’s job function. (e) Updates Together with the submission to Congress of annual budget requests, the Secretary of Homeland Security shall provide updates regarding the cybersecurity workforce assessment required under subsection (b), information on the progress of carrying out the comprehensive workforce strategy developed under subsection (c), and information on the status of the implementation of the information security training required under subsection (d). 3. Definition In this Act, the term cybersecurity mission means activities that encompass the full range of threat reduction, vulnerability reduction, deterrence, incident response, resiliency, and recovery activities to foster the security and stability of cyberspace.

https://www.govinfo.gov/content/pkg/BILLS-113hr3107ih/xml/BILLS-113hr3107ih.xml

113-hr-3108

I 113th CONGRESS 1st Session H. R. 3108 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Conyers (for himself and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the American Recovery and Reinvestment Act of 2009 to extend the period during which supplemental nutrition assistance program benefits are temporarily increased. 1. Short title This Act may be cited as the Extend Not Cut SNAP Benefits Act . 2. Extension of temporary increase in supplemental nutrition assistance benefits Section 101(a) of title I of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 120) is amended— (1) in paragraph (1) by striking section 3(o) and inserting section 3(u) , and (2) in paragraph (2) by striking 2013 and inserting 2016, or the 1st date on which the value of the thrifty food plan as specified under section 3(u) of such Act equals or exceeds 113.6 percent of the June 2008 value of such plan as specified under section 3 of such Act, whichever occurs earlier . 3. Effective date This Act and the amendments made by this Act shall take effect on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3108ih/xml/BILLS-113hr3108ih.xml

113-hr-3109

I 113th CONGRESS 1st Session H. R. 3109 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes. 1. Exemption from prohibitions for Alaskan Native articles containing migratory bird parts Section 2 of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) is amended by adding at the end the following: (c) Exemption for authentic Alaskan Native articles of handicraft or clothing (1) In general Notwithstanding any other provisions of this Act, nothing in this Act prohibits possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped, delivered for transportation, transport or causing to be transported, carrying or causing to be carried, or receiving for shipment, transportation, or carriage, any authentic Alaskan Native article of handicraft or clothing on the basis that it contains a nonedible migratory bird part. (2) Limitation This subsection shall not apply with respect to any handicraft or clothing containing any part of a migratory bird that was taken in a wasteful manner. (3) Definitions In this subsection: (A) Alaskan Native The term Alaskan Native means any Indian, Aleut, or Eskimo who resides in Alaska. (B) Authentic Alaskan Native article of handicraft or clothing The term authentic Alaskan Native article of handicraft or clothing — (i) means any item that is— (I) composed wholly or in some significant respect of natural materials; and (II) produced, decorated, or fashioned by an Alaskan Native, in the exercise of traditional Alaskan Native handicrafts, without the use of any pantograph or other mass copying device; and (ii) includes any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting described in clause (i), or any combination thereof. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3109ih/xml/BILLS-113hr3109ih.xml

113-hr-3110

I 113th CONGRESS 1st Session H. R. 3110 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To allow for the harvest of gull eggs by the Huna Tlingit people within Glacier Bay National Park in the State of Alaska. 1. Short title This Act may be cited as the Huna Tlingit Traditional Gull Egg Use Act . 2. Limited authorization for collection of gull eggs (a) In general The Secretary of the Interior (referred to in this Act as the Secretary ) may allow the collection by members of the Hoonah Indian Association of the eggs of glaucous-winged gulls (Laurus glaucescens) within Glacier Bay National Park (referred to in this Act as the Park ) not more frequently than twice each calendar year at up to 5 locations within the Park, subject to any terms and conditions that the Secretary determines to be necessary. (b) Applicable law For the purposes of sections and 816 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 410hh–2 , 3126), the collection of eggs of glaucous-winged gulls within the Park in accordance with subsection (a) shall be considered to be a use specifically permitted by that Act. (c) Harvest plan The Secretary shall establish schedules, locations, and any additional terms and conditions that the Secretary determines to be necessary for the harvesting of eggs of glaucous-winged gulls in the Park, based on an annual harvest plan to be prepared by the Secretary and the Hoonah Indian Association.

https://www.govinfo.gov/content/pkg/BILLS-113hr3110ih/xml/BILLS-113hr3110ih.xml

113-hr-3111

I 113th CONGRESS 1st Session H. R. 3111 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Carter (for himself, Mr. Williams , Mr. Wolf , Mr. Rooney , Mr. McCaul , Mr. Thornberry , Ms. Granger , Mr. Barton , Mr. Weber of Texas , Mr. Sam Johnson of Texas , Mr. Huizenga of Michigan , Mr. Sessions , Mr. Brady of Texas , Mr. Neugebauer , Mr. Hudson , Mr. King of Iowa , Mr. Collins of Georgia , Mr. Messer , Mr. Sensenbrenner , Mr. Pitts , Mr. Webster of Florida , Mr. Hensarling , Mr. Wilson of South Carolina , Mr. Ribble , Mr. Hunter , Mr. Amodei , Mr. Meehan , Mr. Diaz-Balart , Mr. Nunes , Mr. Culberson , Mr. Gutiérrez , Mr. Fortenberry , Mr. Westmoreland , Mr. Roe of Tennessee , Mr. Bentivolio , Ms. Lofgren , Mr. Hall , Mrs. Noem , Mr. Yoder , Mr. Conaway , Mr. Fincher , Mrs. Black , Mr. DesJarlais , Mr. Yoho , Mr. Crenshaw , Mr. Aderholt , Mr. Rogers of Alabama , Mr. Alexander , Mr. Valadao , Mr. Cook , Mr. McKeon , Mr. Calvert , Mr. Palazzo , Mr. Rogers of Kentucky , Mr. Posey , Mr. Miller of Florida , Mr. Marchant , Mr. Gohmert , Mr. Smith of Texas , Mr. Cole , Mr. Pearce , Mr. Tipton , Mrs. Wagner , Mr. Stivers , Mr. Farenthold , Mr. Barletta , Mrs. Hartzler , Mr. Cuellar , Mr. Olson , Mr. Kelly of Pennsylvania , Mr. Woodall , Mr. Womack , Mr. McHenry , Mr. Mullin , Mr. Cramer , Mr. Collins of New York , Mr. Buchanan , Mr. Fleischmann , Mr. Pittenger , Mr. Wenstrup , Mr. Griffith of Virginia , Mr. Young of Alaska , Mrs. Blackburn , Mr. LaMalfa , Mr. Petri , Mr. Burgess , Mr. Al Green of Texas , Mr. LoBiondo , Mr. Chabot , Mr. Murphy of Pennsylvania , Mr. Duncan of South Carolina , Mr. Garrett , Mr. Bachus , Mr. Harper , Mr. Thompson of Pennsylvania , Mr. DeSantis , Mrs. Capito , Mr. Stutzman , Mr. Hurt , Mr. Franks of Arizona , Ms. Eddie Bernice Johnson of Texas , Mr. Gene Green of Texas , Mr. Hinojosa , Ms. Jackson Lee , Mr. Flores , Mr. Price of Georgia , Mr. Frelinghuysen , Mr. Stockman , Mr. Fattah , Mr. Vela , Mrs. Miller of Michigan , Mrs. Lummis , Mr. Poe of Texas , Mr. Griffin of Arkansas , Mr. King of New York , Mr. Mulvaney , Ms. Jenkins , Mr. Nunnelee , Mr. Duffy , and Mr. Barr ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To declare the November 5, 2009, attack at Fort Hood, Texas, a terrorist attack, and to ensure that the victims of the attack and their families receive the same honors and benefits as those Americans who have been killed or wounded in a combat zone overseas and their families. 1. Short title This Act may be cited as the Honoring the Fort Hood Heroes Act . 2. Declarations of policy Congress makes the following declarations of policy: (1) The November 5, 2009, attack at Fort Hood, Texas, constituted an act of terrorism, not merely workplace violence. (2) The United States Government has a fundamental duty to our military service members to safeguard them against avoidable harm in the course of their service, and the attack on Fort Hood could and should have been prevented. (3) Nidal Hasan, the perpetrator of the attack, had become radicalized while serving in the United States Army and was principally motivated to carry out the attack by an ideology of violent Islamist extremism. (4) Through his actions that day, Nidal Hasan proved himself to be not just a terrorist, but also a traitor and an enemy of the United States. 3. Awards required (a) Purple Heart The Secretary of the military department concerned shall award the Purple Heart to the members of the Armed Forces who were killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009. (b) Secretary of Defense Medal for the Defense of Freedom The Secretary of Defense shall award the Secretary of Defense Medal for the Defense of Freedom to civilian employees of the Department of Defense and civilian contractors who were killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009. 4. Benefits for members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in the November 5, 2009, attack at Fort Hood, Texas (a) Treatment For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009, shall be deemed, effective as of such date, as follows: (1) In the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States. (2) In the case of a civilian employee of the Department of Defense— (A) to have been killed or wounded by hostile action while serving with the Armed Forces in a contingency operation; and (B) to have been killed or wounded in a terrorist attack. (b) Exception Subsection (a) shall not apply to a member of the Armed Forces whose death or wound as described in that subsection is the result of the willful misconduct of the member. (c) Coverage of psychological injuries Subsection (a) applies to members of the Armed Forces and civilian employees of the Department of Defense suffering from Post-Traumatic Stress Disorder (PTSD) or other psychological injuries as a result of the attack that occurred at Fort Hood, Texas, on November 5, 2009.

https://www.govinfo.gov/content/pkg/BILLS-113hr3111ih/xml/BILLS-113hr3111ih.xml

113-hr-3112

I 113th CONGRESS 1st Session H. R. 3112 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Thompson of Pennsylvania (for himself and Mr. Thompson of California ) 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 modify the designation of accreditation organizations for orthotics and prosthetics, to apply accreditation and licensure requirements to suppliers of such devices and items for purposes of payment under the Medicare program, and to modify the payment rules for such devices and items under such program to account for practitioner qualifications and complexity of care, and for other purposes. 1. Short title This Act may be cited as the Medicare Orthotics and Prosthetics Improvement Act of 2013 . 2. Modification of requirements applicable under medicare to designation of accreditation organizations for suppliers of orthotics and prosthetics (a) In general Section 1834(a)(20)(B) of the Social Security Act ( 42 U.S.C. 1395m(a)(20)(B) ) is amended— (1) by striking organizations .—Not later than and inserting: organizations.— (i) In general Subject to clause (ii), not later than ; and (2) by adding after clause (i), as added by paragraph (1), the following new clauses: (ii) Special requirements for accreditation of suppliers of orthotics and prosthetics For purposes of applying quality standards under subparagraph (A) for suppliers (other than suppliers described in clause (iii)) of items and services described in subparagraph (D)(ii), the Secretary shall designate and approve an independent accreditation organization under clause (i) only if such organization is a Board or program described in subsection (h)(1)(F)(iv). Not later than January 1, 2014, the Secretary shall ensure that at least one independent accreditation organization is designated and approved in accordance with this clause. (iii) Exception Suppliers described in this clause are physicians, occupational therapists, or physical therapists who are licensed or otherwise regulated by the State in which they are practicing and who receive payment under this title, including regulations promulgated pursuant to this subsection. . (b) Effective date An organization must satisfy the requirement of section 1834(a)(20)(B)(ii), as added by subsection (a)(2), not later than January 1, 2014, regardless of whether such organization is designated or approved as an independent accreditation organization before, on, or after the date of the enactment of this Act. 3. Application of existing accreditation and licensure requirements to certain prosthetics and custom-fabricated or custom-fitted orthotics (a) In general Section 1834(h)(1)(F) of the Social Security Act ( 42 U.S.C. 1395m(h)(1)(F) ) is amended— (1) in the heading, by inserting or custom-fitted after custom-fabricated ; (2) in clause (i), by striking an item of custom-fabricated orthotics described in clause (ii) or for an item of prosthetics unless such item is and inserting an item of orthotics or prosthetics, including an item of custom-fabricated orthotics described in clause (ii), unless such item is ; (3) in clause (ii)(II), by striking a list of items to which this subparagraph applies and inserting a list of items for purposes of clause (i) ; (4) in clause (iii)(III), by striking to provide or manage the provision of prosthetics and custom-designed or -fabricated orthotics and inserting to provide or manage the provision of orthotics and prosthetics (and custom-designed or -fabricated orthotics, in the case of an item described in clause (ii)) ; and (5) by adding at the end the following new clause: (v) Exemption of off-the-shelf orthotics included in a competitive acquisition program This subparagraph shall not apply to an item of orthotics described in paragraph (2)(C) of section 1847(a) furnished on or after January 1, 2014, that is included in a competitive acquisition program in a competitive acquisition area under such section. . (b) Effective date The amendments made by subsection (a) shall apply to orthotics and prosthetics furnished on or after January 1, 2014. 4. Eligibility for medicare payment for orthotics and prosthetics based on supplier qualifications and complexity of care Section 1834(h) of the Social Security Act ( 42 U.S.C. 1395m(h) ) is amended— (1) in paragraph (1)(F)(iii), in the matter preceding subclause (I), by striking other individual who and inserting other individual who, with respect to a category of orthotics and prosthetics care described in clause (i), (ii), (iii), (iv), or (v) of paragraph (5)(C) furnished on or after January 1, 2014, and subject to paragraph (5)(A), satisfies all applicable criteria of the supplier qualification designation for such category described in the respective clause, and who ; (2) in paragraph (1)(F)(iv), by inserting before the period the following: and, with respect to a category of orthotics and prosthetics care described in clause (i), (ii), (iii), (iv), or (v) of paragraph (5)(C) furnished on or after January 1, 2014, and subject to paragraph (5)(A), satisfies all applicable criteria of the provider qualification designation for such category described in the respective clause ; and (3) by adding at the end the following new paragraph: (5) Eligibility for payment based on supplier qualifications and complexity of care (A) Considerations for eligibility for payments (i) In general In applying clauses (iii) and (iv) of paragraph (1)(F) for purposes of determining whether payment may be made under this subsection for orthotics and prosthetics furnished on or after January 1, 2014, the Secretary shall take into account the complexity of the respective item and, subject to clauses (ii), (iii), and (iv), the qualifications of the individual or entity furnishing and fabricating such respective item in accordance with this paragraph. (ii) Individual and entities exempted from supplier qualification designation criteria With respect to an item of orthotics or prosthetics described in clause (ii), (iii), (iv) or (v) of subparagraph (C), any criteria for the supplier qualification designations under such respective clause, including application of subparagraph (D), shall not apply to physicians, occupational therapists, or physical therapists who are licensed or otherwise regulated by the State in which they are practicing and who receive payment under this title, including regulations promulgated pursuant to this subsection, for the provision of orthotics and prosthetics. (iii) Suppliers medicare-eligible prior to January 1, 2014, exempted In the case of a qualified supplier who is eligible to receive payment under this title before January 1, 2014— (I) with respect to an item of orthotics or prosthetics described in clause (i) of subparagraph (C), any criteria for the provider qualification designations under such clause, including application of subparagraph (D), shall not apply to such supplier, respectively, for the furnishing or fabrication of such an item so described; and (II) with respect to an item of orthotics or prosthetics described in clause (ii), (iii), or (iv) of subparagraph (C), any criteria for the supplier qualification designations under the respective clause (or a subsequent clause of such subparagraph), including application of subparagraph (D), shall not apply to such supplier, respectively, for the furnishing or fabrication of such an item described in such respective (or such subsequent) clause. (iv) Delayed application of certain supplier qualification designation criteria The supplier qualification designations under clauses (i), (ii), and (iii) of subparagraph (C), including the application of subparagraph (D) to such clauses, shall not be taken into account with respect to payment made under this subsection for orthotics and prosthetics furnished before January 1, 2015. (v) Modifications The Secretary shall, in consultation with the Boards and programs described in paragraph (1)(F)(iv), periodically review the criteria for the supplier qualification designation under subparagraph (C)(i)(III) and may implement by regulation any modifications to such criteria, as determined appropriate in accordance with such consultation. Any such modification shall take effect no earlier than January 1, 2016. (B) Assignment of billing codes For purposes of subparagraph (A), the Secretary, in consultation with representatives of the fields of occupational therapy, physical therapy, orthotics, and prosthetics shall utilize and incorporate the set of L-codes listed, as of the date of the enactment of this paragraph, in the Centers for Medicare & Medicaid Services document entitled Transmittal 656 (CMS Pub. 100–04, Change Request 3959, August 19, 2005). Transmittal 656 shall be the controlling source of category, product, and code assignments for the orthotics and prosthetics care described in each of clauses (i) through (v) of subparagraph (C) using the supplier qualification designation for each HCPCS code as stated in such document. In the case that Transmittal 656 is updated, reissued, or replaced by a subsequent document, the previous sentence shall be applied with respect to the most recent update, reissuance, or replacement of such document. (C) Categories of orthotic and prosthetic care described (i) Custom-fabricated limb prosthetics category The category of orthotic and prosthetic care described in this clause is a category for artificial legs and arms, including replacements (as described in section 1861(s)(9)) that are made from detailed measurements, images, or models in accordance with a prescription and that can only be utilized by a specific intended patient and for which payment is made under this part. The supplier qualification designation for the category shall reflect each of the following, in accordance with subparagraph (D): (I) The category of care involves the highest level of complexity with substantial clinical risk. (II) The category of care requires a supplier who satisfies any of the education requirements described in subclause (III), has completed a prosthetic residency accredited by the National Commission on Orthotic and Prosthetic Education ( NCOPE ), and is certified or licensed in prosthetics to ensure the comprehensive provision of prosthetic care. (III) The category of care requires a supplier who has completed any of the following education requirements: (aa) A bachelor’s degree or master’s degree in prosthetics as offered by educational institutions accredited by the Commission on Accreditation of Allied Health Education Programs. (bb) A bachelor’s degree, plus a certificate in prosthetics as offered by educational institutions accredited by the Commission on Accreditation of Allied Health Education Programs. (cc) A foreign degree determined by the World Education Service to be equivalent to an educational program in prosthetics accredited by the Commission on Accreditation of Allied Health Education Programs. (ii) Custom-fabricated orthotics ca­te­go­ry The category of orthotics and prosthetics care described in this clause is a category for custom-fabricated orthotics that are made from detailed measurements, images, or models in accordance with a prescription and that can only be utilized by a specific intended patient. The supplier qualification designation for the category shall reflect the following, in accordance with subparagraph (D): (I) The category of care involves the highest level of complexity with substantial clinical risk. (II) The category of care requires a supplier who satisfies any of the education requirements described in clause (i)(III) (except that for purposes of this subclause such clause shall be applied by substituting the term orthotics each place the term prosthetics is used), has completed an orthotic residency accredited by the National Commission on Orthotic and Prosthetic Education, and is certified or licensed in orthotics to ensure the appropriate provision of orthotic care. (iii) Custom-fitted high orthotics category The category of orthotic care described in this clause is a category for prefabricated orthotics 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. The supplier qualification designation for the category shall reflect the following, in accordance with subparagraph (D): (I) The category of care involves moderate to high complexity with substantial clinical risk. (II) The category of care requires a practitioner who either— (aa) satisfies any of the education requirements described in clause (i)(III), except that for purposes of this subclause such clause shall be applied by substituting the term orthotics each place the term prosthetics is used; or (bb) is certified or licensed in orthotics to ensure the appropriate provision of orthotic care within the practitioner’s normal scope of practice. (iv) Custom-fitted low orthotics category The category of orthotics and prosthetics care described in this clause is a category for prefabricated orthotics that are manufactured with no specific patient in mind, but that are appropriately sized and adjusted to a specific patient in accordance with a prescription. The supplier qualification designation for the category shall reflect the following: (I) The category of care involves a low level of complexity and low clinical risk. (II) The category of care requires a supplier that is certified or licensed within a limited scope of practice to ensure appropriate provision of orthotic care. The supplier’s education and training shall ensure that basic clinical knowledge and technical expertise is available to confirm successful fit and device compliance with the prescription. (v) Off-the-shelf The category of orthotic care described in this clause is described in section 1847(a)(2)(C). The supplier qualification designation for the category shall reflect that no formal credentialing, clinical education, or technical training is required to dispense such items. (D) Care based on sound clinical judgment and technical expertise Care described in clauses (i), (ii), and (iii) of subparagraph (C) shall be based on sound clinical judgment and technical expertise based on the supplier’s education and clinical training, in order to allow the practitioner to determine— (i) with respect to care described in clause (i) or (ii) of subparagraph (C), the device parameters and design, fabrication process, and functional purpose specific to the needs of the patient to maximize optimal clinical outcomes; and (ii) with respect to care described in clause (iii) of such subparagraph, the appropriate device relative to the diagnosis and specific to the needs of the patient to maximize optimal clinical outcomes. . 5. Consultation In implementing the provisions of, and amendments made by, this Act, the Secretary of Health and Human Services shall consult with appropriate experts in orthotics and prosthetics, including suppliers that furnish items within the categories of orthotic and prosthetic care described in paragraph (5)(C) of section 1834(h) of the Social Security Act ( 42 U.S.C. 1395m(h) ), as added by section 4. 6. Reports (a) Report on enforcing new licensing and accreditation requirements Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the steps taken by the Department of Health and Human Services to ensure that the State licensure and accreditation requirements under section 1834(h)(1)(F) of the Social Security Act ( 42 U.S.C. 1395m(h)(1)(F) ), as amended by section 3, are enforced. Such report shall include a determination of the extent to which payments for orthotics and prosthetics under the Medicare program under title XVIII of such Act are made only to those suppliers that meet the relevant accreditation and licensure requirements under such section and a determination of whether additional steps are needed. (b) Report on fraud and abuse Not later than 30 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the effect of the requirements under subsection (a)(20)(B)(ii) of section 1834 of the Social Security Act ( 42 U.S.C. 1395m ), as added by section 2, and subsection (h)(1)(F) of such section, as amended by section 3, on the occurrence of fraud and abuse under the Medicare program under title XVIII of such Act, with respect to orthotics and prosthetics for which payment is made under such program. 7. Reduction in medicare spending (a) Projection of cumulative effect on spending Not later than December 31, 2014, the Secretary of Health and Human Services (in this section referred to as the Secretary ), acting through the Chief Actuary of the Centers for Medicare & Medicaid Services (in this section referred to as the Chief Actuary ), shall submit to Congress, and have published in the Federal Register, a projection of the effect on cumulative Federal spending under part B of title XVIII of the Social Security Act for the period of years 2014 through 2018 as a result of the implementation of the provisions of, and amendments made by, this Act. (b) Strengthening standards applicable if savings not achieved (1) In general Subject to paragraph (2), if the Chief Actuary projects under subsection (a) that the implementation of the provisions of, and amendments made by, this Act will not result in a cumulative reduction in spending under such part of at least $250,000,000 for the period of years 2014 through 2018 (using a 2013 baseline), the Secretary shall, in accordance with the Chief Actuary’s projection, issue an interim final regulation (to take effect for 2015 and subsequent years) with a period for public comment on such regulation after the date of publication to strengthen the licensure, accreditation, and quality standards applicable to suppliers of orthotics and prosthetics under title XVIII of the Social Security Act, including such standards described in subsections (a)(20) and (h)(1)(F) of section 1834 of such Act ( 42 U.S.C. 1395m ), as amended by this Act, in order to produce such cumulative reduction by December 31, 2018. (2) Exception The interim final regulation issued under paragraph (1) shall not apply to a qualified physical therapist or qualified occupational therapist (as described in section 1834(h)(1)(F)(iii) of the Social Security Act ( 42 U.S.C. 1395m(h)(1)(F)(iii) )). 8. No effect on payment basis for orthotics and prosthetics or competitive bidding programs Nothing in the provisions of, or amendments made by, this Act shall have any effect on— (1) the determination of the payment basis for orthotics and prosthetics under section 1834(h) of the Social Security Act ( 42 U.S.C. 1395m(h) ); or (2) the implementation of competitive acquisition programs under section 1847 of such Act ( 42 U.S.C. 1395w–3 ), including such implementation with respect to off-the-shelf orthotics described in subsection (a)(2)(C) of that section, that are included in a competitive acquisition program in a competitive acquisition area under that section.

https://www.govinfo.gov/content/pkg/BILLS-113hr3112ih/xml/BILLS-113hr3112ih.xml

113-hr-3113

I 113th CONGRESS 1st Session H. R. 3113 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Pascrell (for himself and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title III of the Public Health Service Act to provide for the establishment and implementation of guidelines on best practices for diagnosis, treatment, and management of mild traumatic brain injuries (MTBIs) in school-aged children, and for other purposes. 1. Short title This Act may be cited as the Concussion Treatment and Care Tools Act of 2013 or the ConTACT Act of 2013 . 2. Findings Congress finds the following: (1) Concussions are mild traumatic brain injuries, the long-term effects of which are not well understood. (2) According to the Centers for Disease Control and Prevention (CDC), each year United States emergency departments treat an estimated 173,285 sports- and recreation-related mild traumatic brain injuries (MTBIs), including concussions, among children and adolescents, from birth to 19 years of age. However, this number does not capture the total number, as many MTBIs go undiagnosed. (3) There is an increased risk for subsequent brain injuries among persons who have had at least one previous brain injury. (4) A repeat concussion, one that occurs before the brain recovers from a previous concussion, can slow recovery or increase the likelihood of having long-term problems. (5) In rare cases, repeat concussions can result in second impact syndrome, which can be marked by brain swelling, permanent brain damage, and death. (6) Recurrent brain injuries and second impact syndrome are highly preventable. (7) Many States have adopted concussion management rules and regulations, but many schools lack the resources to implement best practices in concussion diagnosis and management. 3. Guidelines on best practices for diagnosis, treatment, and management of mild traumatic brain injuries in school-aged children Part B of title III of the Public Health Service Act 6 ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317T the following: 317U. Guidelines on best practices for diagnosis, treatment, and management of mild traumatic brain injuries in school-aged children (a) Guidelines (1) By Secretary Not later than 90 days after issuance of the final report under paragraph (2), the Secretary shall establish guidelines for States on the implementation of best practices for diagnosis, treatment, and management of MTBIs in school-aged children. (2) By Panel Not later than March 15, 2015, the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention shall issue a final report on best practices for diagnosis, treatment, and management of MTBIs in school-aged children. (3) Student athletes returning to play The guidelines under paragraph (1) and the report under paragraph (2) shall address best practices for diagnosis, treatment, and management of MTBIs in student athletes returning to play after an MTBI. (b) Grants to States (1) In general After establishing the guidelines under subsection (a)(1), the Secretary may make grants to States for purposes of— (A) adopting such guidelines, and disseminating such guidelines to elementary and secondary schools; and (B) ensuring that elementary and secondary schools— (i) implement such guidelines; (ii) are adequately staffed with athletic trainers and other medical professionals necessary to implement such guidelines; and (iii) implement computerized pre-season baseline and post-injury neuropsychological testing for student athletes. (2) Grant applications (A) In general To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Minimum contents The Secretary shall require that an application of a State under subparagraph (A) contain at a minimum— (i) a description of the strategies the State will use to disseminate the guidelines under subsection (a)(1) to elementary and secondary schools, and to ensure implementation of such guidelines by such schools, including any strategic partnerships that the State will form; and (ii) an agreement by the State to periodically provide data with respect to the incidence of MTBIs and second impact syndrome among student athletes in the State. (3) Utilization of high school sports associations and local chapters of national brain injury organizations The Secretary shall require States receiving grants under this section to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations and local chapters of national brain injury organizations in such States. (c) Coordination of activities In carrying out this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to MTBIs. (d) Report to Congress Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (b) and shall include in such report— (1) the number of States that have adopted the guidelines under subsection (a)(1); (2) the number of elementary and secondary schools that have implemented computerized pre-season baseline and post-injury neuro-psychological testing for student athletes; and (3) the data collected with respect to the incidence of MTBIs and second impact syndrome among student athletes. (e) Definitions In this section, the following definitions apply: (1) The term MTBI means a mild traumatic brain injury. (2) The term school-aged child means an individual in the range of 5 through 18 years of age. (3) The term second impact syndrome means catastrophic or fatal events that occur when an individual suffers an MTBI while symptomatic and healing from a previous MTBI. (4) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. (5) The term State means each of the 50 States and the District of Columbia. (6) The term student athlete means a school-aged child in any of the grades 6th through 12th who participates in a sport through such child’s elementary or secondary school. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2017 through 2020. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3113ih/xml/BILLS-113hr3113ih.xml

113-hr-3114

I 113th CONGRESS 1st Session H. R. 3114 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Barber introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the increase in the income threshold used in determining the deduction for medical care. 1. Short title This Act may be cited as the Helping Families and Seniors Save on Health Care Act of 2013 . 2. Repeal of increase in income threshold for determining medical care deduction Section 9013 of the Patient Protection and Affordable Care Act (and the amendments made by such section) are hereby repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if such section (and amendments) had not been enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr3114ih/xml/BILLS-113hr3114ih.xml

113-hr-3115

I 113th CONGRESS 1st Session H. R. 3115 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Ms. Kuster introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Jobs Act of 2010 to extend and expand the State Trade and Export Promotion (STEP) Grant Program. 1. Short title This Act may be cited as the Small Business Growth Through Exports Act of 2013 . 2. Extension and Expansion of STEP grant program Section 1207 of the Small Business Jobs Act of 2010 ( 15 U.S.C. 649b note) is amended— (1) in subsection (i), by striking 2013 and inserting 2013, and $60,000,000 for each of fiscal years 2014, 2015, and 2016 ; and (2) in subsection (j), by striking 3 and inserting 6 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3115ih/xml/BILLS-113hr3115ih.xml

113-hr-3116

I 113th CONGRESS 1st Session H. R. 3116 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Mr. Lance (for himself, Mr. Roskam , Mr. Guthrie , Mr. Paulsen , Mr. Rangel , Mr. Runyan , Ms. Schwartz , Mr. King of New York , Mr. McCaul , Mr. Walden , Mr. Tiberi , Mr. Loebsack , Mr. Ben Ray Luján of New Mexico , Mr. Ellison , Mr. Jones , and Mr. Long ) 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 promote the development of meaningful treatments for patients. 1. Short title This Act may be cited as the Modernizing Our Drug & Diagnostics Evaluation and Regulatory Network Cures Act of 2013 or the MODDERN Cures Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definitions. Title I—Advancing diagnostics for patients Sec. 101. Developing a common lexicon to facilitate progress on diagnostics. Sec. 102. Creating incentives for innovative diagnostics. Sec. 103. Promoting the development of innovative diagnostics. Title II—Capturing lost opportunities for patients Sec. 201. Dormant therapies. Sec. 202. Study regarding new indications for existing therapies. 3. Findings The Congress makes the following findings: (1) More than 133 million Americans, or 45 percent of the population, have at least one chronic condition. A quarter of Americans have multiple chronic conditions. (2) Chronic diseases have become the leading cause of death and disability in the United States. Seven out of every 10 deaths are attributable to chronic disease. Chronic diseases also compromise the quality of life of millions of Americans. (3) Despite $80 billion spent annually on research and development, many diseases and conditions lack effective treatments. (4) Many commonly used drugs are effective in only 50 to 75 percent of the patient population, which can lead to devastating long-term side effects, resulting in the potential risks outweighing the benefits for some patients. (5) Advanced and innovative diagnostic tests have the potential to dramatically increase the efficacy and safety of drugs by better predicting how patients will respond to a given therapy. (6) Despite their promise, many drugs and diagnostics may go undeveloped due to uncertain regulatory and reimbursement processes, among other reasons. (7) In addition, there is reason to believe that potential treatments with tremendous value to patients are never developed or are discontinued during research and development due to insufficiencies in the intellectual property system. (8) It is in the public interest to address the hurdles that may be precluding new treatments from reaching patients and to remove the disincentives for the development of therapies for these unmet needs. 4. Definitions In this Act: (1) The term biological product has the meaning given to that term in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (2) The term drug has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (3) The term medicine means a biological product or a drug. (4) The term Secretary means the Secretary of Health and Human Services. I Advancing diagnostics for patients 101. Developing a common lexicon to facilitate progress on diagnostics (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Department of Health and Human Services the Advanced Diagnostics Education Council (in this section referred to as the Council ). (b) Duties (1) In general The Council shall promote an improved understanding of key concepts related to innovative diagnostics by recommending standard terms and definitions for use by patients, physicians, health care providers, payers, and policymakers. (2) Guide The Secretary shall publish and disseminate a guide regarding such recommended terms and definitions for patients, physicians, health care providers, payers, and policymakers. (3) Report Not later than 12 months after the establishment of the Council, the Secretary shall prepare and submit a report to the Congress and to the public on the Council’s deliberations, activities, and determinations with respect to meeting its duties described in paragraphs (1) and (2). (c) Chairperson The Secretary, or the Secretary’s designee, shall serve as chairperson of the Council. (d) Members In addition to the Secretary, the Council shall consist of the following: (1) The head of each of the following agencies (or a designee thereof): (A) The National Institutes of Health. (B) The Centers for Disease Control and Prevention. (C) The Food and Drug Administration. (D) The Agency for Healthcare Research and Quality. (E) The Centers for Medicare & Medicaid Services. (F) The Department of Defense. (G) The Department of Veterans Affairs. (H) The Health Resources and Services Administration. (I) The Substance Abuse and Mental Health Services Administration. (J) The Indian Health Service. (2) Seven members appointed by the Secretary from among individuals who collectively— (A) represent a broad range of perspectives; and (B) have expertise in— (i) basic and translational research, including with respect to molecular biology and genetics; (ii) bioinformatics; (iii) the discovery, development, and commercialization of in vitro diagnostics; and (iv) law and ethics. (3) Four members appointed by the Secretary who are each a chief medical or scientific officer of a patient advocacy organization. (e) Public input In carrying out its duties, the Council shall solicit input from relevant stakeholders and the public. (f) Termination The Council shall terminate after publishing the guide required by subsection (b)(2) and submitting the report required by subsection (b)(3), or later at the discretion of the Secretary. 102. Creating incentives for innovative diagnostics (a) Improvements To process for determining fee schedule amounts for new tests (1) Clarifying factors for rate-setting In determining the payment amount under gapfilling procedures (as described in section 414.508(b) of title 42, Code of Federal Regulations, or any successor regulation to such section) for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act ( 42 U.S.C. 1395l(h)(8) ), the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall take into account, as applicable and available, the following factors with respect to such a new test: (A) Impact on patient care The impact of the new test on patient care, patient management, or patient treatment. (B) Technical characteristics The technical characteristics of the new test, and the resources required to develop, validate, and perform the new test. (C) Claims data Data from claims for which payment is made under part B of title XVIII of the Social Security Act. (D) Laboratory charges Amounts charged by laboratories to self-pay patients for the new test. (E) Private insurance rates Amounts paid to laboratories for such new test under private health insurance coverage offered in the group market and the individual market. (F) Advisory panel recommendations The findings and recommendations of the independent advisory panel convened under paragraph (2) with respect to that new test and any comments received during the open meeting of the advisory panel. (G) Additional factors Such other factors as the Secretary may specify. (2) Input from patients, clinicians, and technical experts (A) Requirement for independent advisory panel The Secretary shall convene an independent advisory panel from which the Secretary shall request information and recommendations regarding any new test (as referred to under subparagraph (A) of section 1833(h)(8) of the Social Security Act ( 42 U.S.C. 1395l(h)(8) )) for which payment is made under such section, including technical, clinical, and quality information. (B) Composition of independent advisory panel Subject to subparagraph (D), the independent advisory panel shall be comprised of 19 members, including— (i) 7 individuals with expertise and experience with clinical diagnostic laboratory tests including expertise in the technical characteristics of the new test as well as expertise in the requirements to develop, validate, and perform the new test; (ii) 3 representatives of patients, including a patient representative for rare disorders; (iii) 3 clinicians who use results of the new test in patient care; (iv) 2 laboratorians; (v) 2 individuals with expertise in the area of pharmacoeconomics or health technology assessment; and (vi) 2 individuals with expertise on the impact of new tests on quality of patient care, including genetic counselors. (C) Terms Subject to subparagraph (D), a member of the panel shall be appointed to serve a term of 6 years, except with respect to the members first appointed, whose terms of appointment shall be staggered evenly over 2-year increments. (D) Temporary appointment of experts Insofar as the Secretary determines with respect to a new test that there are an insufficient number of members of the panel with expertise with respect to that specific test, the Secretary may appoint individuals who have expertise pertaining to the new test involved to serve on the panel. (E) Open meetings The Secretary shall receive or review the findings and recommendations of the independent advisory panel with respect to the new tests described in subparagraph (A) involved during a meeting open to the public and provide opportunity for public comment. (F) Clarification of authority of secretary to consult carriers Nothing in this section shall be construed as affecting the authority of the Secretary to consult with appropriate Medicare administrative contractors. (3) Justification for payment determinations (A) Initial justification With respect to decisions regarding payments made under the clinical laboratory fee schedule for new clinical diagnostic laboratory tests, the Secretary shall publicly provide a justification for the payment basis and payment rate determination, including a detailed summary of the information submitted to, or obtained by, the Secretary regarding the factors specified in paragraph (1), such that interested stakeholders can readily understand the Secretary’s rationale for the payment basis and rate determinations. (B) Reconsideration period After providing such justification for a payment basis and payment rate determination, the Secretary shall provide for a reasonable period of reconsideration to receive any appeal of the determination and to evaluate any additional information received regarding the justification and the factors specified in paragraph (1). (C) Final determination After the period of reconsideration the Secretary shall make a final payment basis and payment rate determination and provide a justification for such final determination explaining what additional information was evaluated during the reconsideration and how such information was taken into account with respect to the final determination. Nothing in this paragraph shall be construed as authorizing the Secretary to reveal proprietary information which is otherwise prohibited from disclosure under law. (b) Process for assignment of temporary codes for diagnostic tests The Secretary shall establish a process for application for the assignment of a temporary national HCPCS code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test. Assignments of a temporary national HCPCS code shall occur on a quarterly basis. The Secretary shall provide public notice through the Centers for Medicare & Medicaid Services Web site of applications made for such temporary national HCPCS codes. Upon assignment of a temporary code under this process, the Secretary shall treat such test as a new test for purposes of section 1833(h)(8) of the Social Security Act. (c) Development of further improvements in rate-Setting processes The Secretary shall analyze the process used for the gapfilling procedure used in determining payment amounts for new clinical diagnostic laboratory tests under section 1833(h)(8) of the Social Security Act. Taking into account the changes made by this section, the Secretary shall identify further changes to improve the accuracy and appropriateness of resulting rates and the openness, transparency, and predictability of the process. The Secretary shall examine what and how many entities should perform gapfilling, under contract or otherwise, and how to ensure that the process is informed by appropriate expertise and proceeds in a transparent and accountable manner. The Secretary shall implement improvements in the process, insofar as these are possible under the law through regulations, after public notice and opportunity for comment. For changes the Secretary determines would require a change in law, the Secretary shall transmit recommendations to the Speaker of the House and the President of the Senate not later than July 1, 2014. (d) Definitions For purposes of this section: (1) New clinical diagnostic laboratory tests The term new clinical diagnostic laboratory test means a clinical diagnostic laboratory test— (A) that is assigned a new or substantially revised code on or after January 1, 2013; or (B) for which a temporary national HCPCS code is granted under subsection (b) on or after January 1, 2014. (2) Self-pay patient The term self-pay patient means, with respect to a health care item or service, an individual who pays out of pocket for such item or service and who does not have health insurance coverage for such item or service. (e) Effective date (1) In general Subject to paragraph (2), this section shall take effect on the date of enactment of this Act and shall apply with respect to new clinical diagnostic laboratory tests. (2) Application of justifications to current rate determinations Subsection (a)(3) shall apply to payment basis and payment rate determinations made on or after January 1, 2013. 103. Promoting the development of innovative diagnostics (a) Determination (1) Request The manufacturer or sponsor of a medicine may request the Secretary to determine that— (A) a diagnostic test has been developed by, or with the participation of, the manufacturer or sponsor of the medicine; and (B) use of the diagnostic test, as demonstrated through valid scientific information such as peer-reviewed literature— (i) provides for or improves the identification of a patient population for which the medicine will or will not be used in accordance with its approved indications; (ii) provides for or improves the determination of the most appropriate treatment option for a patient population with the medicine in accordance with its approved indications; or (iii) provides for the detection of a qualifying pathogen (as defined in section 505E(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(f) ). (2) Response by Secretary Not later than 30 days after the submission of a request under paragraph (1), the Secretary, shall— (A) make the requested determination and publish a notice of such determination and any extension under this section resulting from such determination; or (B) provide an explanation to the manufacturer or sponsor submitting the request of why the determination is not warranted. (b) Applicable extension period For purposes of subsections (c) and (d), the applicable extension period is— (1) with respect to a diagnostic test developed (as described in subsection (a)(1)(A)) contemporaneously with the development of the medicine involved, 12 months; and (2) with respect to a diagnostic test developed otherwise, 6 months. (c) Extension for drugs If, at the request of the manufacturer or sponsor of a drug, the Secretary makes the determination described in subsection (a)(1) with respect to such drug and a diagnostic test, then— (1) the four- and five-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), the three-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of such section 505, or the seven-year period described in section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ), as applicable, shall be extended by the applicable extension period; (2) if the drug is the subject of— (A) a listed patent for which a certification has been submitted under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of such section 505; or (B) a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of such section 505, then the period during which an application may not be approved under subsection (c)(3) or (j)(5)(B) of such section 505 shall be extended by the applicable extension period after the date the patent expires (including any patent extensions); and (3) if the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of such section 505, and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under subsection (c)(3) or (j)(5)(B) of such section 505 shall be extended by the applicable extension period after the date the patent expires (including any patent extension). (d) Extension for biological products If, at the request of the manufacturer or sponsor of a biological product, the Secretary makes the determination described in subsection (a)(1) with respect to such biological product and a diagnostic test, then the 12-year period described in subsection (k)(7)(A) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), the 4-year period described in subsection (k)(7)(B) of such section 351, and the 7-year period described in section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ), as applicable, shall be extended by the applicable extension period. (e) Relation to pediatric exclusivity Any extension under subsection (c) or (d) of a period shall be in addition to any extension of the period under section 505A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a ) with respect to the medicine. (f) Limitations Extensions under this section may apply— (1) not more than twice with respect to the same medicine; and (2) not more than once with respect to the same indication to be treated by the same medicine. II Capturing lost opportunities for patients 201. Dormant therapies (a) Designation as dormant therapy The Secretary shall designate a medicine as a dormant therapy if— (1) the sponsor of the medicine submits a request for such designation meeting the requirements under subsection (b), and the request has not been withdrawn under subsection (d)(1); and (2) the Secretary determines that— (A) the medicine is being investigated or is intended to be investigated for an indication to address one or more unmet medical needs; (B) a suitable clinical plan for such investigations of the medicine has been developed by the sponsor; (C) the sponsor intends to file an application pursuant to section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for approval or licensing of the medicine for an indication described in subparagraph (A); and (D) the request for designation was made on or before the date of submission of any application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the approval or licensure of commercial marketing or use of a medicine that in the case of a drug shares an active moiety that is the same as, and in the case of a biologic contains an active moiety that is highly similar to, an active moiety in the medicine for which designation is being requested. (b) Requirements for request for designation as dormant therapy A request under subsection (a)(1) with respect to a medicine may only be made by the sponsor of the medicine and shall contain each of the following: (1) A listing of all patents and applications for patents under which the sponsor has rights and that may be reasonably construed to provide protection for the medicine. (2) A waiver of patent rights to the extent required under subsection (c) to take effect, if at all, as provided under subsection (c)(3). (3) Such additional information as the Secretary may require by regulation in order to determine eligibility for designation under subsection (a). (c) Waiver of patent rights expiring after the protection period ends (1) Patent waiver (A) In general Subject to subparagraph (B), the request under this subsection shall include a waiver of the right to enforce or otherwise assert any patent described in subsection (b)(1) (or any patent issued on the basis of an application described in subsection (b)(1)), which may expire after the end of the protection period for the dormant therapy, against any applicable product described in paragraph (2). The waiver shall be made by the owner of the patent or application for patent, as the case may be. (B) Limitations on patent waiver Any patent waiver provided pursuant to this section, should it become effective— (i) shall have no effect during the protection period for the medicine to which the waiver relates; and (ii) shall have no effect with respect to the subject matter of a claimed invention in a patent that does not provide any protection for such medicine with respect to an applicable product described in paragraph (2). (2) Applicable products described An applicable product is described in this paragraph only if— (A) it is approved or licensed pursuant to an application that— (i) is filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) , (j)) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ); and (ii) references or otherwise relies upon the approval or licensure of the dormant therapy to which the waiver relates; and (B) the approval of the product occurs after the expiration of the protection period applicable to the medicine to which the request under subsection (a)(1) relates. (3) Effective date of waiver A waiver under subsection (b)(2) with respect to a patent shall take effect, if at all, on the date the Director publishes the notice required under subsection (e)(2)(F) relating to the patent. (d) Withdrawal of request for designation, revocation by the secretary (1) In general The sponsor of a medicine may withdraw a request for designation under subsection (a)(1) with respect to a medicine unless the medicine has been approved or licensed under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). The Secretary shall deny a designation request or revoke any designation granted if at any time the Secretary finds that the sponsor is not in compliance with subsections (c)(1) and (g)(1). (2) Effects of withdrawal of request or revocation of designation If the sponsor of a medicine withdraws a request under subsection (b) or the Secretary denies a designation request or revokes a designation with respect to the medicine— (A) any patent waiver submitted under this section with respect to the medicine, but not yet effective, is canceled and deemed a nullity; (B) any patent waiver that has taken effect under this section with respect to the medicine shall remain in effect; (C) any patent term extension granted by the Director under subsection (e)(2) with respect to the medicine shall be canceled, except that the Director shall maintain the patent term extension for one patent, to be selected by the sponsor of the medicine, for the period of extension that would have been applicable under section 156 of title 35, United States Code; and (D) the designation, if made, otherwise shall be treated as never having been requested or made or having effect. (3) Basis for revocation The Secretary may revoke a designation made under subsection (a), but only based upon a finding by the Secretary under paragraph (1). (e) Guaranteed protections for dormant therapies (1) Applications filed during the protection period During the protection period for a dormant therapy, notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or the Public Health Service Act ( 42 U.S.C. 201 et seq. )— (A) absent a right of reference from the holder of such approved application for the dormant therapy, the Secretary shall not approve an application filed pursuant to section 505(b)(2) or section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) , (j)) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) referencing or otherwise relying on the approval or licensure of the dormant therapy; (B) the Secretary shall not approve— (i) an application filed pursuant to such section 505(b)(2) or 505(j) that references or otherwise relies on the approval or licensure of a medicine that is not the dormant therapy, was approved subsequent to the approval of the dormant therapy, and contains the same active moiety as the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are the same); or (ii) an application filed pursuant to such section 351(k) that references or otherwise relies on the approval or licensure of a medicine that is not the dormant therapy, was approved subsequent to the approval or licensure of the dormant therapy, and contains an active moiety that is highly similar to the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are highly similar); and (C) the Secretary shall not approve an application filed pursuant to section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(1) ) for a drug that contains the same active moiety as the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are the same), or an application filed pursuant to section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for a biological product that contains an active moiety that is highly similar to the active moiety in the dormant therapy (or if the dormant therapy contains more than one active moiety, all of the active moieties are highly similar), unless— (i) the information provided to support approval of such application is comparable in scope and extent, including with respect to design and extent of preclinical and clinical testing, to the information provided to support approval of the application for the dormant therapy under section 505(b) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 355(b) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ); and (ii) if such clinical testing had not commenced before the approval of the application for the dormant therapy, the clinical testing establishes clinical superiority in the form of a significant therapeutic advantage over and above that provided by the dormant therapy in one or more of the following ways: (I) Greater effectiveness on a clinically meaningful endpoint. (II) Greater safety in a substantial portion of the target populations. (III) Where neither greater safety nor greater effectiveness has been shown, a demonstration that the drug otherwise makes a major contribution to patient care. (2) Patent term alignment with data package protection period (A) In general Notwithstanding any provision of title 35, United States Code, a sponsor of a medicine designated as a dormant therapy under subsection (a)(1), upon the approval or licensure thereof under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), and in lieu of filing a patent term extension application under section 156(d) of such title 35, shall be entitled to patent term extensions in accordance with this paragraph. (B) Submission of final listing of patents and applications for patents following approval (i) Submission The sponsor of the dormant therapy, within a period to be set by the Director of not less than 2 months beginning on the date the Secretary approves or licenses the dormant therapy, shall submit to the Director— (I) the listing of patents and applications for patents provided to the Secretary under subsection (b)(1); (II) any revisions to such listing as may be required for compliance with subsection (b)(1); and (III) any documentation the Director may require from the patentee or patent applicant (as the case may be) of the waiver of patent rights required under subsection (b)(2). (ii) Failure to provide sufficient documentation of waiver If the Director determines that the sponsor has not complied with the waiver requirements under subsection (c), after providing the sponsor the opportunity to remedy any insufficiency, the Director shall so notify the Secretary that the patent waiver requirements for designation have not been satisfied. (C) Extension of patents (i) In general Unless the Director has notified the Secretary of a determination under subparagraph (B)(ii), for each patent identified in a submission pursuant to subparagraph (B)(i), and for each patent issuing based upon an application for patent so identified, the Director shall, within the 3-month period beginning on the date of the submission, extend the patent to expire at the end of the protection period for the dormant therapy, if the patent would otherwise expire before the end of the protection period. If the Director has so notified the Secretary under subparagraph (B)(ii), the Director shall extend one such patent, selected by the sponsor, for the period that would have been applicable had an application for extension been filed under section 156 of title 35, United States Code, with respect to such patent. (ii) Application of certain provisions During the period of an extension under clause (i)— (I) the rights under the patent shall be limited in the manner provided under section 156(b) of title 35, United States Code; and (II) the terms product and approved product in such section 156(b) shall be deemed to include forms of the active moiety of the dormant therapy and highly similar active moieties that might be approved by the Secretary based upon an application filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) , (j)) or under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) that references or otherwise relies upon the dormant therapy. (D) Interim patent extensions Notwithstanding any provision of title 35, United States Code, with respect to any patent listed (or patent issuing on an application listed) under subsection (b)(1) that would otherwise expire before the sponsor could make a submission under subparagraph (B), the Director, upon application of the patentee, shall grant to the patentee an interim extension of such patent, subject to the limitations in section 156(d)(5)(F) of such title 35, for such period as may be necessary to permit the sponsor to submit the listing under subparagraph (B) and, if the patent is therein listed, to extend the patent as provided under subparagraph (C). The Director may require, for any patent extended under this subparagraph, that the sponsor of the dormant therapy to which the patent relates provide periodic certifications that development of the dormant therapy is continuing. The Director may terminate any interim extension for which a required certification has not been made. (E) Notice of extension For each patent that is extended under this paragraph, the Director shall publish a notice of such extension and issue a certificate of extension described in section 156(e)(1) of title 35, United States Code. (F) Notice of waiver For each patent identified in a submission under subparagraph (B)(i), and each patent issuing based upon an application for patent so identified, that expires after the end of the protection period for the dormant therapy, the Director shall publish a notice that the patent is subject to the limited waiver of the right to enforce described in subsection (c)(1). (f) Certain FDA protections inapplicable If a medicine has been designated as a dormant therapy under subsection (a), the protections otherwise applicable with respect to such medicine under sections 505A, 505E, and 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a , 355f, 360cc) shall not apply. The preceding sentence shall not be construed to affect any protections applicable with respect to a drug, including a drug designated under section 526 of such Act ( 21 U.S.C. 360bb ) for a rare disease or condition, under provisions other than such sections 505A, 505E, and 527. (g) Development certifications (1) In general The Secretary shall require that the sponsor of a dormant therapy provide periodic certifications that development of the dormant therapy to address one or more unmet medical needs is continuing. (2) Determination of noncompliance If the Secretary concludes that the sponsor has not complied with paragraph (1), after providing the sponsor the opportunity to remedy any insufficiency, the Secretary shall, for purposes of subsection (d)(1), determine that the sponsor is not in compliance with the certification requirement under paragraph (1). (h) Collaboration Nothing in this section shall be construed as preventing a sponsor from collaborating with other entities in developing a dormant therapy or applying for a dormant therapy designation. (i) Definitions For purposes of this section: (1) The term address one or more unmet medical needs refers to— (A) addressing a need for medicines for the treatment of one or more life-threatening or other serious diseases or conditions for which no therapy exists; or (B) if one or more therapies are available for the treatment of such a disease or condition, demonstrating through clinical investigations— (i) one or more improved effects on serious outcomes of the disease or condition that are affected by alternative therapies, such as superiority of the medicine used alone or in combination with other therapies in an active controlled trial assessing an endpoint reflecting serious morbidity; (ii) one or more effects on serious outcomes of the disease or condition not known to be affected by alternative therapies, such as progressive disability in multiple sclerosis when alternative therapies have shown an effect on exacerbations but have not shown an effect on progressive disability; (iii) an ability— (I) to provide one or more benefits in patients who are unable to tolerate or are unresponsive to alternative therapies, such as an antipsychotic agent that is effective in people failing standard therapy; or (II) to be used effectively in combination with other critical agents that cannot be combined with alternative therapies; (iv) an ability to provide one or more benefits similar to those of alternative therapies while— (I) avoiding serious toxicity that is present in alternative therapies; or (II) avoiding less serious toxicity that is common in alternative therapies and causes discontinuation of treatment of a life-threatening or serious disease; or (v) an ability to provide one or more benefits similar to those of alternative therapies but with improvement in some factor, such as compliance or convenience, that is shown to lead to improved effects on serious outcomes. (2) The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (3) The term dormant therapy means a medicine designated as a dormant therapy under subsection (a). (4) The term protection period for a dormant therapy means the period that— (A) begins on the date on which the Secretary first approves an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for the dormant therapy for any indication; and (B) ends on the date that is 15 years after the date of such approval. (5) The term sponsor for a dormant therapy is the person who takes responsibility for the designation and development of the dormant therapy. The sponsor may be a single entity or an entity collaborating with one or more other entities. 202. Study regarding new indications for existing therapies Not later than one year after the date of the enactment of this Act, the Secretary shall enter into an arrangement with the Institute of Medicine (or, if the Institute declines, another appropriate entity)— (1) to conduct a study on intellectual property laws and their impact on therapy and diagnostic development in order to formulate recommendations on how to facilitate the clinical evaluation and development of therapies currently available on the market for new potential indications; and (2) not later than 18 months after such date of the enactment, to submit a report to the Secretary and the Congress containing the results of such study.

https://www.govinfo.gov/content/pkg/BILLS-113hr3116ih/xml/BILLS-113hr3116ih.xml

113-hr-3117

I 113th CONGRESS 1st Session H. R. 3117 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 bring an end to the spread of HIV/AIDS in the United States and around the world. 1. Short title; table of contents (a) Short title This Act may be cited as the Ending the HIV/AIDS Epidemic Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Statement of policy. Sec. 3. Findings. Title I—Global HIV/AIDS-Free Generation Strategy Sec. 101. Global HIV/AIDS-Free Generation Strategy. Title II—Using funds strategically to maximize results Sec. 201. Support for operations research to improve program delivery, efficiency, impact, and effectiveness. Sec. 202. Increasing coordination and integration of HIV/AIDS programs with development programs. Sec. 203. Increasing program effectiveness and sustainability to achieve successful country ownership. Title III—Addressing legal and policy barriers to accessing health care Subtitle A—General provisions Sec. 301. Support for laws and regulations that improve health outcomes and promote human rights. Sec. 302. Intensifying efforts to establish effective programs for engaging key affected populations. Sec. 303. Ensuring United States trade policy does not restrict access to affordable medicines. Subtitle B—Repeal of certain provisions of Public Law 108–25 Sec. 311. Repeal of conscience clause requirement for eligibility for assistance. Sec. 312. Repeal of limitation on use of funds for assistance for sex workers. Sec. 313. Repeal of reporting requirement on activities promoting abstinence and related activities. Sec. 314. Effective date. Title IV—Definitions Sec. 401. Definitions. 2. Statement of policy It is the policy of the United States to achieve an AIDS-free generation, and to— (1) expand access to lifesaving antiretroviral therapy for people living with HIV/AIDS and immediately link people to continuous and coordinated high-quality care when they learn they are infected with HIV; (2) expand targeted efforts to prevent HIV infection using a combination of effective, evidence-based approaches, including the elimination of new pediatric HIV infections worldwide, routine HIV screening, and universal access to HIV prevention tools in the communities where HIV/AIDS is most heavily concentrated; (3) ensure laws, policies, and regulations do not impede access to prevention, treatment, and care for people living with HIV/AIDS or at risk for acquiring HIV; (4) accelerate research for more efficacious HIV prevention and treatments tools, a cure, and a vaccine; and (5) respect the human rights and dignity of persons living with HIV/AIDS. 3. Findings The Congress makes the following findings: (1) An estimated 34,000,000 people around the world were living with HIV at the end of 2010, up from 8,000,000 in 1990. (2) Developing countries continue to bear the brunt of the HIV/AIDS epidemic, with sub-Saharan Africa accounting for 68 percent of all adults and children living with HIV/AIDS, 59 percent of whom are female. (3) Despite global efforts, 1,000 children around the world still contract HIV each day, the majority through mother-to-child transmission of HIV. (4) HIV prevalence among young people aged 15 to 24 has declined in many countries most impacted by HIV; nevertheless, young people still account for 42 percent of all new infections among individuals aged 15 and older. (5) A substantial number of HIV-positive women in HIV care and treatment programs or prevention of mother-to-child transmission (PMTCT) programs experience an unplanned pregnancy. (6) Making contraceptive services more widely available through HIV care, treatment, and PMTCT programs would make it easier for women to coordinate their HIV-related care with their pregnancy prevention goals, and at the same time, help prevent mother-to-child HIV transmission. (7) In 2008, the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act was enacted into law, reauthorizing the President’s Emergency Plan for AIDS Relief (PEPFAR) and continued United States participation and contributions to the Global Fund to Fight AIDS, Tuberculosis and Malaria. (8) The United States President’s Emergency Plan for AIDS Relief (PEPFAR), which represents the largest commitment by any nation to combat a single disease, has saved the lives of millions of people around the world by establishing and expanding the infrastructure necessary to deliver prevention, care, and treatment services in low-resource settings. (9) Early detection and treatment of HIV can have significant positive health effects. New research demonstrates conclusively that treatment of individuals not only slows disease progression, but can also reduce the risk of transmission to other individuals by 96 percent. (10) In most countries HIV is a disease that discriminates, disproportionately affecting society’s most vulnerable. Even in generalized epidemics in which a significant share of the wider population is living with HIV/AIDS, people in vulnerable communities often have considerably higher rates of HIV infection. (11) Reaching men who have sex with men, transgender people, people who inject drugs, sex workers, and other vulnerable populations with effective HIV prevention and treatment is critical to bringing the AIDS epidemic under control. (12) In February 2013, the Institute of Medicine releases a report evaluating PEPFAR and found that PEPFAR, which has provided care and treatment for more than 5 million people, has been globally transformative , a lifeline that is restoring hope . I Global HIV/AIDS-Free Generation Strategy 101. Global HIV/AIDS-Free Generation Strategy (a) Strategy The President, acting through the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, shall establish a comprehensive, integrated, 5-year strategy to expand and improve efforts to combat global HIV/AIDS, while promoting efficiency and maximizing results. The strategy shall be referred to as the Global HIV/AIDS-Free Generation Strategy . (b) Contents The strategy shall— (1) accelerate progress toward achieving the United States goal of an AIDS-free generation; (2) establish a limited number of measurable targets to accelerate reductions in HIV incidence and HIV/AIDS-related morbidity and mortality; (3) strengthen existing and future compacts and framework agreements authorized under section 104A(d)(8) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2(d)(8) ); (4) strengthen engagement with diplomatic efforts at all levels of government to— (A) continue to identify and promote linkages between efforts to combat HIV/AIDS and other health development issues and human rights issues; (B) encourage and assist national governments to pursue policies and legal frameworks that facilitate and enable effective responses to HIV prevention, care, and treatment services; and (C) increase financial accountability; and (5) provide a plan to— (A) support early diagnosis and initiation of HIV treatment to achieve accelerated reductions of incidence and morbidity; (B) eliminate vertical transmission of HIV from mother to child and support early diagnosis and initiation of HIV treatment in infants and children; (C) intensify efforts to expand access to voluntarily medical male circumcision, male and female condoms and other proven-effective HIV prevention interventions, in combination with other evidence-based modalities and structural interventions; (D) reduce the risk of HIV infection and address the HIV-related needs of sex workers, men who have sex with men, transgender people, and people who inject drugs; (E) increase gender equity in HIV/AIDS programs and services, including access to voluntary family planning and reproductive health services and reducing violence and coercion; (F) expand partnership with implementers, researchers, and academic organizations to improve the science that guides the global response to HIV/AIDS; (G) provide capacity development support to increase meaningful engagement of civil society, especially local indigenous organizations, that work in the areas of human rights, women’s and young people’s health and rights, and gay, lesbian, bisexual, and transgender rights, in the development, implementation, monitoring, and evaluation of United States-funded programs; (H) advance the efforts of developing countries to develop health systems capable of managing their epidemics, respond to broader health needs impacting affected communities, and address new and emerging health concerns; and (I) defend, protect, and fulfill the human rights of people living with HIV and those most at risk of HIV infection. (c) Consultation In developing the strategy, the President, acting through the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, shall consult with— (1) each executive branch agency administering United States foreign assistance related to— (A) improving global health; (B) strengthening financial management systems; and (C) monitoring and promoting human rights and democracy; (2) personnel at United States embassies and country missions involved in the administration of the types of United States foreign assistance described in paragraph (1); (3) the appropriate congressional committees with jurisdiction over the agencies described in paragraph (1); (4) civil society and nongovernmental organizations engaged in improving health care and health outcomes in developing countries, including indigenous community and faith-based organizations; (5) international organizations engaged in improving health care and health outcomes in developing countries and of which the United States is a voting member, with which the United States coordinates the delivery of foreign assistance, or to which the United States contributes funding for the purpose of providing such assistance; (6) academic organizations, private foundations, businesses, and other organizations engaged in improving health care and health outcomes in developing countries and not receiving United States funding for such purposes; (7) other donor nations engaged in improving health care and health outcomes in developing countries; (8) countries receiving health-related United States foreign assistance; (9) any other global, regional, or subregional organizations or partnerships engaged in improving health care and health outcomes in developing countries; and (10) small, disadvantaged, and women-owned businesses and United States minority-serving institutions, specifically historically Black colleges and universities. (d) Report Not later than 1 year after the date of the enactment of this Act, the President shall submit to Congress a report that sets forth the strategy described in this section. II Using funds strategically to maximize results 201. Support for operations research to improve program delivery, efficiency, impact, and effectiveness (a) Sense of Congress It is the sense of the Congress that there is a need and urgency to expand the range of interventions for preventing the transmission of HIV, including behavioral prevention research, operations research to optimize combination HIV prevention, and research on medical technology to prevent HIV infection, including microbicides, cost-effective female condoms, Pre-Exposure Prophylaxis (PrEP), multipurpose technologies for the prevention of HIV and unintended pregnancy, and vaccines. (b) Statement of policy It should be the policy of the United States to ensure that efforts to combat HIV/AIDS globally should expand, intensify, and coordinate operations research to improve the quality, delivery, and impact of programming, including with respect to— (1) services appropriate for men who have sex with men, transgender people, people who inject drugs, and sex workers; (2) structural interventions to remove barriers that inhibit effective implementation of HIV/AIDS-related foreign assistance, including the analysis of laws and policies that have a negative health impact and put individuals at increased risk of HIV infection; (3) scalable combination of prevention and treatment approaches to HIV/AIDS; (4) prevention and management of co-morbidities such as tuberculosis, malaria, and viral hepatitis; and (5) identification and follow up of HIV-positive infants and children in resource-limited settings to increase the proportion of children accessing HIV treatment and care services. 202. Increasing coordination and integration of HIV/AIDS programs with development programs (a) Statement of policy It should be the policy of the United States to ensure that efforts to combat HIV/AIDS globally should maximize efficiencies and the integration of services and programs to achieve reduction in HIV transmission rates and the burden of HIV-related morbidity and mortality, by means that include— (1) ensuring that women and adolescent girls with HIV or who are at risk of HIV infection and who do not wish to become pregnant have access to voluntary contraceptive services, including a range of contraceptive options, and voluntary counseling to plan families, either directly or through meaningful referrals to existing United States Agency for International Development or local family planning programs that provide counseling and a range of contraceptive options; (2) integrating tuberculosis interventions with HIV services, including case-finding and tuberculosis treatment, expanding tuberculosis preventive therapy, and reducing other opportunistic infections that accompany HIV/AIDS; (3) ensuring young people with HIV are provided with confidential and affordable access to youth-friendly comprehensive sexual and reproductive health services and supplies, including male and female condoms for the prevention of pregnancy and sexually transmitted diseases, as relevant; and (4) working to promote and protect the human rights of people living with HIV, including men who have sex with men, transgender people, people who inject drugs, sex workers, and other vulnerable populations, including indigenous people, migrants, internally displaced people, young people, incarcerated populations, and people with disabilities. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing the utilization of efficiencies in the delivery of HIV/AIDS treatment services within and between United States-funded bilateral and multilateral programs and partner countries, including to the extent that such gains in efficiencies are being exhausted. 203. Increasing program effectiveness and sustainability to achieve successful country ownership (a) Statement of policy It should be the policy of the United States to ensure that efforts to combat HIV/AIDS globally should help developing countries significantly decrease the burden of HIV, strengthen and improve their health systems, help build country ownership, and increase financial accountability to ensure sustainability and equitable access to health services, including by— (1) assisting developing countries create, strengthen, and implement their own evidence-based national HIV/AIDS strategies, by means that include— (A) supporting early diagnosis and initiation of HIV and tuberculosis treatment to achieve accelerated reductions of incidence and morbidity; (B) eliminating the vertical transmission of HIV from mother to child and supporting early diagnosis and initiation of HIV treatment in infants and children; (C) intensifying efforts to expand access to voluntary medical male circumcision, male and female condoms, harm reduction services, and other proven-effective HIV prevention interventions, in combination with other evidence-based modalities, including structural interventions; (D) intensifying efforts to eliminate HIV infections among populations that are often at greatest risk, including sex workers, men who have sex with men, transgender individuals, and people who inject drugs, and addressing the HIV-related needs, including access to ART, of those already infected; (E) ensuring young people are provided with comprehensive knowledge, skill-building programs, in and out of school, to make informed and responsible decisions for their sexual health, and are provided with confidential and affordable access to youth-friendly comprehensive sexual and reproductive health services and supplies, including male and female condoms; (F) ensuring women with HIV or who are at risk of HIV infection and who do not wish to become pregnant have access to voluntary contraceptive services and commodities, and women who desire pregnancy have access to family planning counseling and maternal health services free of judgment and discrimination; and (G) encouraging policy changes to eliminate discriminatory and stigmatizing polices that stand in the way of access to health services by marginalized and poor populations including punitive laws against HIV exposure and potential transmission, sex work, same-sex behavior, drug use, and gender expression; (2) supporting meaningful community involvement and participation, inclusive of poor, vulnerable, or marginalized populations and their representative indigenous and civil society organizations, in decisionmaking related to national HIV/AIDS strategies and the delivery of health services, including in decisions related to the adoption of health policies and the total amount and distribution of health funding; (3) assisting countries to coordinate, regulate, and harmonize the delivery of health services provided by the United States and nongovernmental organizations, including community and faith-based organizations, private foundations, international organizations, and other donors, and to coordinate or integrate such services with the health system to the maximum extent practicable; (4) using, to the maximum extent practicable, local and regional entities for the provision of technical assistance, and where the capacity of such entities is insufficient, supporting capacity building to enable such entities to provide such assistance; (5) strengthening procurement and supply chain logistics to help prevent drug and commodity stock outs, including male and female condom shortages, and to help ensure the eventual provision of microbicides for HIV prevention; and (6) providing technical assistance and support to national ministries of health, or their equivalents, and other relevant ministries in overseeing the health systems of their countries and monitoring and evaluating the effectiveness of such systems in reducing mortality and improving health outcomes, including preparing for the provision of HIV/AIDS, voluntary family planning, non-communicable diseases, and reproductive health services in emergency situations. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report identifying benchmarks that are directly relevant to significantly decreasing the burden of the epidemic in each country receiving HIV-related foreign assistance and provide context for helping countries and civil society to build country ownership. III Addressing legal and policy barriers to accessing health care A General provisions 301. Support for laws and regulations that improve health outcomes and promote human rights It should be the policy of the United States to ensure that United States foreign assistance should encourage and assist national governments of developing countries to pursue policies and legal frameworks that improve health outcomes, including policies and legal frameworks that— (1) are medically accurate and evidence-based and adhere to the latest global public health standards for prevention, treatment, and care; (2) promote and improve the status of women and youth, ensuring their ability to access and use health services without fear or risk of gender-based violence, reprisal, discrimination, stigmatization, arrest, or other mistreatment; (3) work to remove criminalization of, stigmatization of, and discrimination against poor, vulnerable, or marginalized populations and enact laws and policies to promote and protect the rights of such populations; (4) avoid, to the maximum extent possible, reliance on criminal laws and sanctions to address health issues; (5) incorporate relevant policy guidance that addresses structural barriers to accessing health care; and (6) prioritize the creation of a legal, political, and social environment that enables access to health services by all members of the population. 302. Intensifying efforts to establish effective programs for engaging key affected populations It should be the policy of the United States to ensure that efforts to combat HIV/AIDS globally should intensify efforts to establish effective programs for engaging men who have sex with men, transgender people, people who inject drugs, and sex workers in HIV prevention, care, and treatment initiatives, by means that include— (1) ensuring those eligible for treatment receive antiretroviral treatment; (2) providing sterile syringes, education, and outreach and treatment for drug dependence for injecting drug users through a comprehensive package of services; (3) providing sexual health services, male and female condoms, and other HIV prevention services to sex workers, their clients, and partners; and (4) defending human rights and inherent dignity by addressing laws and practices that prevent people from accessing services and providing legal and social services to individuals and communities to facilitate access to services and to reduce violence, stigma, and discrimination. 303. Ensuring United States trade policy does not restrict access to affordable medicines In administering title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ), the United States Government shall not seek, through negotiation or otherwise, the revocation or revision of any intellectual property law or policy of a low- or middle-income country that regulates HIV and opportunistic infection pharmaceuticals or medical technologies if the law or policy of the country— (1) promotes access to affordable HIV and opportunistic infection pharmaceuticals or medical technologies for affected populations in that country; and (2) provides intellectual property protection consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(15) ). B Repeal of certain provisions of Public Law 108–25 311. Repeal of conscience clause requirement for eligibility for assistance Section 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7631 ) is amended by striking subsection (d). 312. Repeal of limitation on use of funds for assistance for sex workers Section 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7631 ), as amended by section 311 of this Act, is further amended by striking subsections (e) and (f). 313. Repeal of reporting requirement on activities promoting abstinence and related activities Section 403(a)(2) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7673(a)(2) ) is amended— (1) by striking (2) Prevention strategy .— and all that follows through In carrying out paragraph (1) and inserting (2) Prevention strategy .—In carrying out paragraph (1) ; and (2) by striking subparagraph (B). 314. Effective date This subtitle and the amendments made by this subtitle— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to funds made available to carry out the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 or any amendment made by that Act on or after such date of enactment. IV Definitions 401. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) AIDS The term AIDS means the acquired immune deficiency syndrome. (3) HIV The term HIV means the human immunodeficiency virus, the pathogen that causes AIDS. (4) HIV/AIDS The term HIV/AIDS means, with respect to an individual, an individual who is infected with HIV or living with AIDS.

https://www.govinfo.gov/content/pkg/BILLS-113hr3117ih/xml/BILLS-113hr3117ih.xml

113-hr-3118

I 113th CONGRESS 1st Session H. R. 3118 IN THE HOUSE OF REPRESENTATIVES September 17, 2013 Ms. Linda T. Sánchez of California (for herself, Mr. Holt , Mr. Honda , Mr. DeFazio , Mr. Nadler , Mr. Brady of Pennsylvania , Mr. Cartwright , Mr. Conyers , Mr. Veasey , Ms. Brown of Florida , Ms. Schakowsky , Mr. Grijalva , Ms. Shea-Porter , Mr. McDermott , Ms. Lee of California , Ms. Norton , Mrs. Negrete McLeod , Ms. Fudge , Mr. Grayson , Mr. Gene Green of Texas , Mr. Ellison , Mrs. Napolitano , Mr. Takano , Mr. Tonko , Mr. Vargas , Mr. Cohen , Mr. Lowenthal , and Ms. Eddie Bernice Johnson of Texas ) 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 improve the retirement security of American families by strengthening Social Security. 1. Short title This Act may be cited as the Strengthening Social Security Act of 2013 . 2. Determination of taxable wages and self-employment income above contribution and benefit base after 2013 (a) Determination of taxable wages above contribution and benefit base after 2013 (1) Amendments to the Internal Revenue Code of 1986 Section 3121 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(1), by inserting the applicable percentage (determined under subsection (c)(1)) of before that part of the remuneration ; and (B) in subsection (c), by striking (c) Included and excluded service.— For purposes of this chapter, if and inserting the following: (c) Special rules for wages and employment (1) Applicable percentage of remuneration in determining taxable wages For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to— (A) for 2014, 80 percent; (B) for 2015 through 2017, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and (C) for 2018 and each year thereafter, 0 percent. (2) Included and excluded service For purposes of this chapter, if . (2) Amendments to the Social Security Act Section 209 of the Social Security Act ( 42 U.S.C. 409 ) is amended— (A) in subsection (a)(1)(I)— (i) by inserting and before 2014 after 1974 ; and (ii) by inserting and after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: (J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2013 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year; ; and (C) by adding at the end the following new subsection: (l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be equal to— (1) for 2014, 80 percent; (2) for 2015 through 2017, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and (3) for 2018 and each year thereafter, 0 percent. . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2013. (b) Determination of taxable self-Employment income above contribution and benefit base after 2013 (1) Amendments to the Internal Revenue Code of 1986 Section 1402 of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)(1), by striking that part of the net earnings and all that follows through minus and inserting the following: an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and ; and (B) in subsection (d)— (i) by striking (d) Employee and wages.— The term and inserting the following: (d) Rules and definitions (1) Employee and wages The term ; and (ii) by adding at the end the following: (2) Applicable percentage of net earnings from self-employment in determining taxable self-employment income For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to— (A) for 2014, 80 percent; (B) for 2015 through 2017, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and (C) for 2018 and each year thereafter, 0 percent. . (2) Amendments to the Social Security Act Section 211 of the Social Security Act ( 42 U.S.C. 411 ) is amended— (A) in subsection (b)— (i) in paragraph (1)(I)— (I) by striking or after the semicolon; and (II) by inserting and before 2014 after 1974 ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) For any taxable year beginning in any calendar year after 2013, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between— (A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and (B) the amount of the wages paid to such individual during such taxable year; or ; and (B) by adding at the end the following: (l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to— (1) for 2014, 80 percent; (2) for 2015 through 2017, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and (3) for 2018 and each year thereafter, 0 percent. . (3) Effective date The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2014. 3. Adjustments to bend points in determining primary insurance amount and inclusion of surplus earnings for benefit determinations (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts (1) In general Section 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended— (A) in clauses (i), (ii), and (iii), by inserting basic before average indexed monthly earnings each place it appears; (B) in clause (ii), by striking and at the end; (C) in clause (iii), by adding and at the end; and (D) by inserting after clause (iii) the following new clause: (iv) 5 percent of the individual’s surplus average indexed monthly earnings, . (2) Bend point adjustment Section 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in any calendar year after 2018, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by— (I) for calendar year 2019, 1 percent; (II) for each of calendar years 2020 through 2032, the percent determined under this clause for the preceding year increased by 1 percentage point; and (III) for calendar year 2033 and each year thereafter, 15 percent. . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) ) is amended— (A) by inserting basic before average ; and (B) in subparagraph (A), by striking paragraph (3) and inserting paragraph (3)(A) and by inserting before the comma the following: to the extent such total does not exceed the contribution and benefit base for the applicable year . (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) after (b)(1) ; and (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings and inserting Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings . (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) ) is amended— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraph (C) and by inserting and determination of basic average indexed monthly income after paragraph (2) ; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2018. 4. Consumer Price Index for Elderly Consumers (a) In general The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act ( 42 U.S.C. 416(l)(2) ) for purposes of an old-age, wife's, or husband's insurance benefit). (b) Effective date Subsection (a) shall apply with respect to calendar months ending on or after June 30 of the calendar year in which this Act is enacted. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 5. Computation of cost-of-living increases for Social Security benefits (a) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended— (1) in paragraph (1)(G), by inserting before the period the following: , and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index ; and (2) in paragraph (4), by striking and by section 9001 and inserting , by section 9001 , and by inserting after 1986, the following: and by section 5(a) of the Strengthening Social Security Act of 2013 , . (b) Conforming amendments in applicable former law Section 215(i)(1)(C) of the Social Security Act , as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index . (c) Effective date The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act ( 42 U.S.C. 415(i)(2) ) with respect to cost-of-living computation quarters ending on or after September 30, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3118ih/xml/BILLS-113hr3118ih.xml

113-hr-3119

I 113th CONGRESS 1st Session H. R. 3119 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Paulsen (for himself, Mr. Lance , Mr. Reed , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit enrollment under Health Care Exchange plans until privacy protections are certified as being in place, and for other purposes. 1. Short title This Act may be cited as the Health Information Privacy Protection Act of 2013 . 2. Prohibiting enrollment under an Exchange plan unless privacy protections in place Notwithstanding any other provision of law, no individual may be enrolled in a qualified health plan offered in a State through an Exchange under part 2 of subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 et seq. ) until the date the State certifies to the Secretary of Health and Human Services and the Secretary certifies to Congress that there are standards and a process in place in the State to protect the personal information (including Social Security numbers and financial information) of individuals being enrolled through the Exchange.

https://www.govinfo.gov/content/pkg/BILLS-113hr3119ih/xml/BILLS-113hr3119ih.xml

113-hr-3120

I 113th CONGRESS 1st Session H. R. 3120 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Cummings (for himself and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , the Judiciary , Natural Resources , Veterans’ Affairs , and Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve access to oral health care for vulnerable and underserved populations. 1. Short title This Act may be cited as the Comprehensive Dental Reform Act of 2013 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. TITLE I—Medicare and Medicaid Subtitle A—Medicare Sec. 101. Coverage of dental services under the Medicare program. Subtitle B—Medicaid Sec. 111. Coverage of dental services under the Medicaid program. TITLE II—Public Health programs Subtitle A—National Health Service Corps Sec. 201. National Health Service Corps. Sec. 202. Community based dental residencies. Subtitle B—Oral health education Sec. 211. Authorization of appropriations for oral health education for medical providers. Sec. 212. Oral health education for other non-health professionals. Sec. 213. Dental education. Sec. 214. Oral health professional student loans. Subtitle C—Other oral health programs Sec. 221. Access points. Sec. 222. Dental clinics in schools. Sec. 223. Emergency room care coordination. Sec. 224. Research funding. Sec. 225. Mobile and portable dental services. Subtitle D—Oral health services as an essential health benefit Sec. 231. Oral health services as an essential health benefit. TITLE III—Department of Veterans Affairs and Department of Defense Matters Subtitle A—Department of Veterans Affairs Matters Sec. 301. Requiring the Secretary of Veterans Affairs to furnish dental care in the same manner as any other medical service. Sec. 302. Demonstration program on training and employment of alternative dental health care providers for dental health care services for veterans in rural and other underserved communities. Subtitle B—Department of Defense Matters Sec. 311. Demonstration program on training and employment of alternative dental health care providers for dental health care services for members of the Armed Forces and dependents lacking ready access to such services. TITLE IV—Federal Bureau of Prisons Sec. 401. Demonstration program on training and employment of alternative dental health care providers for dental health care services for prisoners within the custody of the Bureau of Prisons. TITLE V—Indian Health Service Sec. 501. Demonstration program on training and employment of alternative dental health care providers for dental health care services under the Indian Health Service. TITLE VI—Reports to Congress Sec. 601. Evaluation of expansion of coverage for dental services. 3. Findings Congress makes the following findings: (1) The United States must establish a nationwide and comprehensive approach to address the lack of access to needed dental care and reduce oral health disparities. (2) Since 2000, when the Surgeon General of the United States called dental disease a silent epidemic , there has been increasing but still insufficient attention given to addressing oral health issues. The Healthy People 2020 initiative includes oral health as a leading health indicator for the first time in the history of the Healthy People program, and in 2011, the Institute of Medicine published 2 reports, Improving Access to Oral Health Care for Vulnerable and Underserved Populations and Advancing Oral Health in America , that focused on oral health. (3) Dental caries, commonly known as cavities, are the most common chronic disease for children in the United States. Additionally, 25 percent of American adults who have attained 65 years of age have lost all of their teeth. (4) Untreated oral health problems contribute to an increased risk for serious medical conditions such as diabetes, hospital-acquired pneumonia, and poor birth outcomes. (5) According to a report by the Surgeon General of the United States, students miss more than 51,000,000 hours of school and employed adults lose more than 164,000,000 hours of work each year due to dental disease and dental visits. (6) While the lack of access to oral health services is a national problem, those who are most likely to remain underserved are individuals with low incomes, racial and ethnic minorities, pregnant women, older adults, individuals with special needs, and individuals living in rural communities. (7) More than 1 in 4 Americans do not have dental health insurance which is far greater than the number of individuals who lack general health insurance. (8) The Medicare program and the Department of Veterans Affairs do not provide dental coverage to the majority of their beneficiaries, and States can elect whether to provide dental coverage to adults under the Medicaid program. (9) Only 20 percent of practicing dentists in the United States provide care to individuals enrolled in Medicaid, and a very small percentage of dentists devote a substantial part of their practice towards caring for individuals who are underserved. (10) The United States spends more than $100,000,000,000 on dental care and that number is expected to rise to $170,000,000,000 by 2020. Over $30,000,000,000 dollars was spent out-of-pocket for dental services in 2008. (11) The lack of access to oral health services results in higher health care expenditures. In 2009, there were over 830,000 visits to emergency rooms across the United States for preventable dental conditions, which is 16 percent higher than in 2006. The treatment of dental conditions in hospital emergency rooms in 2010 cost as much as $2,100,000,000. I Medicare and Medicaid A Medicare 101. Coverage of dental services under the Medicare program (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (EE), by striking and after the semicolon at the end; (2) in subparagraph (FF), by adding and after the semicolon at the end; and (3) by adding at the end the following new subparagraph: (GG) dental services (as defined in subsection (iii)); . (b) Dental services defined Section 1861(s) of the Social Security Act ( 42 U.S.C. 1395x(s) ) is amended by adding at the end the following new subsection: (iii) Dental services (1) The term dental services means oral health services (as defined by the Secretary) provided by a licensed oral health care provider that are necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions. (2) For purposes of paragraph (1), such term shall include mobile and portable oral health services (as defined by the Secretary) that— (A) are provided for the purpose of overcoming mobility, transportation, and access barriers for individuals; and (B) satisfy the standards and certification requirements established under section 1902(a)(84)(B) for the State in which the services are provided. . (c) Payment and coinsurance Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) by striking and before (Z) ; and (2) by inserting before the semicolon at the end the following: , and (AA) with respect to dental services (as defined in section 1861(iii)), the amount paid shall be (i) in the case of such services that are dental health preventive services described in paragraph (1)(D) of such section, 100 percent of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848, and (ii) in the case of all other such services, 80 percent of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848 . (d) Payment under physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(GG), after risk assessment), . (e) Dentures Section 1861(s)(8) of the Social Security Act ( 42 U.S.C. 1395x(s)(8) ) is amended— (1) by striking (other than dental) and inserting (including dentures) ; and (2) by striking internal body . (f) Repeal of ground for exclusion Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y ) is amended by striking paragraph (12). (g) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2014. B Medicaid 111. Coverage of dental services under the Medicaid program (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(10), by adding (as described in subsection (ee)(1)) after dental services ; and (2) by adding at the end the following: (ee) (1) Subject to paragraphs (2) and (3), for purposes of this title, the term dental services means oral health services (as defined by the Secretary) provided by a licensed oral health care provider that are necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions. (2) For purposes of paragraph (1), such term shall include— (A) dentures; and (B) mobile and portable oral health services (as defined by the Secretary) that— (i) are provided for the purpose of overcoming mobility, transportation, and access barriers for individuals; and (ii) satisfy the standards and certification requirements established under section 1902(a)(82)(C) for the State in which the services are provided. (3) For purposes of paragraph (1), such term shall not apply to dental care or services provided to individuals under the age of 21 under subsection (r)(3). . (b) Conforming amendments (1) State plan requirements Section 1902(a) of such Act ( 42 U.S.C. 1396a(a) ) is amended— (A) in paragraph (10)(A), in the matter preceding clause (i), by inserting (10), after (5), ; (B) in paragraph (80), by striking and at the end; (C) in paragraph (81), by striking the period at the end and inserting ; and ; and (D) by inserting after paragraph (81) the following: (82) provide for— (A) informing, in writing, all individuals who have been determined to be eligible for medical assistance of the availability of dental services (as defined in section 1905(ee)); (B) conducting targeted outreach to pregnant women who have been determined to be eligible for medical assistance about the availability of medical assistance for such dental services and the importance of receiving dental care while pregnant; and (C) establishing and maintaining standards for and certification of mobile and portable oral health services (as described in subsections (r)(3)(C) and (ee)(2)(B) of section 1905). . (2) Definition of medical assistance Section 1905(a)(12) of such Act ( 42 U.S.C. 1396d(a)(12) ) is amended by striking , dentures, . (c) Mobile and portable oral health services under EPSDT Section 1905(r)(3) of the Social Security Act ( 42 U.S.C. 1396d(r)(3) ) is amended— (1) in subparagraph (A)(ii), by striking ; and and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) which shall include mobile and portable oral health services (as defined by the Secretary) that— (i) are provided for the purpose of overcoming mobility, transportation, or access barriers for children; and (ii) satisfy the standards and certification requirements established under section 1902(a)(82)(C) for the State in which the services are provided. . (d) Increased federal funding for dental services (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by subsection (a), is amended— (A) in subsection (b), in the first sentence, by striking and (aa) and inserting (aa), and (ff) ; and (B) by adding at the end the following new subsection: (ff) Increased FMAP for dental services (1) In general Notwithstanding subsection (b) and section 1903(a)(7) and subject to the requirements described in paragraphs (3) and (4), with respect to amounts expended on or after January 1, 2014, for covered dental expenses (as described in paragraph (2)), the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia for such expenses shall be equal to the Federal medical assistance percentage that would otherwise apply to the State for the fiscal year, as determined under subsection (b) or section 1903(a)(7), increased by 15 percentage points. (2) Covered dental expenses For purposes of paragraph (1), the term covered dental expenses means the amounts expended for medical assistance for dental services (as described in subsection (ee)) and amounts expended for the proper and efficient administration of the provision of such dental services under the State plan. (3) Requirements For purposes of paragraph (1), the Federal medical assistance percentage applicable to covered dental expenses under this subsection shall not apply to a State unless— (A) the State plan for medical assistance provides payment for dental services (as so defined) furnished by a dental provider at a rate that is not less than 70 percent of the usual and customary fee for such services in the State; and (B) the State satisfies such additional requirements as are established by the Secretary, which shall include— (i) streamlining of administrative procedures for purposes of ensuring adequate provider participation and increasing patient utilization of dental services; and (ii) the provision of technical assistance to dental providers designed to reduce the number of missed patient appointments and reduce other barriers to the delivery of oral health services. (4) Limitation For purposes of amounts expended for covered dental services, in no case shall any increase under this subsection result in a Federal medical assistance percentage that exceeds 100 percent. . (2) Conforming amendment Section 1903(a)(7) of the Social Security Act ( 42 U.S.C. 1396b(a)(7) ) is amended by striking section 1919(g)(3)(B) and inserting sections 1905(ff) and 1919(g)(3)(B) . (e) Secretarial responsibilities (1) Technical assistance and outreach The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall provide technical assistance to States and conduct outreach to States for purposes of educating and encouraging States to utilize and provide payment under each State Medicaid program for telehealth-enabled dental services in order to provide dental services to traditionally underserved populations in need of such services. (2) Database and annual report on dental benefits for adult Medicaid enrollees (A) Medicaid dental benefits database The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall maintain, as accurately and up-to-date as possible, a database that contains with respect to the each State (as defined for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. )) information regarding the dental benefits available for adults enrolled in the State Medicaid program, including any limits on such benefits and the amount of reimbursement provided under the State Medicaid program for such benefits. The database also shall include a separate description of the dental benefits, benefit limits, and amount of reimbursement provided under each State Medicaid program for pregnant women, if such benefits are not provided to the woman as part of early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r) of the Social Security Act ( 42 U.S.C. 1396d(r) )), and a description of the use of dental services by children and adults enrolled in the State Medicaid program. (B) Annual report The Secretary of Health and Human Services shall make available to the public an annual report regarding the information collected in the database required under subparagraph (A). Each annual report under this subparagraph shall include for each State Medicaid program and with respect to the most recent year for which data are available the yearly dental service utilization rates for children and adults enrolled in the State Medicaid program. (f) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after January 1, 2014, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) Delay permitted for State plan amendment In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. II Public Health programs A National Health Service Corps 201. National Health Service Corps (a) In general Section 331 of the Public Health Service Act ( 42 U.S.C. 254d ) is amended— (1) in subsection (a)(3), by adding at the end the following: (F) The term dental therapist means, with respect to a State that licenses such dental therapists, a mid-level dental practitioner who is licensed to practice under the law of the State and who provides preventive and restorative services directly to the public, commensurate with the scope of the practice. ; and (2) in subsection (b)— (A) in paragraph (1), by inserting , dental therapy, after dental ; and (B) in paragraph (2), by inserting dental therapists, after dentists, . (b) Facilitation of effective provision of corps services Section 336(f)(3) of the Public Health Service Act ( 42 U.S.C. 254h–1(f)(3) ) is amended by inserting dental therapists after midwives, . (c) Scholarship program and loan repayment program (1) Scholarship program Section 338A of the Public Health Service Act ( 42 U.S.C. 254l ) is amended— (A) in subsection (a)(1), by inserting dental therapists, after dentists, ; and (B) in subsection (b)(1), by inserting including dental therapy, after or other health profession, . (2) Loan repayment program Section 338B of the Public Health Service Act ( 42 U.S.C. 254l–1 ) is amended— (A) in subsection (a)(1), by inserting dental therapists, after dentists, ; and (B) in subsection (b)(1)— (i) in subparagraph (A), by inserting dental therapist, after nurse practitioner, ; (ii) in subparagraph (B), by inserting dental therapy, after mental health, ; and (iii) in subparagraph (C)(ii), by inserting , including dental therapy, after health profession . (3) Authorization of appropriations Section 338H of the Public Health Service Act ( 42 U.S.C. 254q ) is amended— (A) in subsection (a), by striking this section and inserting this subpart ; and (B) by adding at the end the following: (d) Authorization of appropriations with respect to oral health professionals To carry out this subpart with respect to dentists, dental therapists, and dental hygienists, in addition to the amounts authorized under subsection (a), there is authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2017, which shall be used to provide an emergency expansion for scholarships to, and loan repayments on behalf of, such oral health professionals. . 202. Community based dental residencies Section 340H of the Public Health Service Act ( 42 U.S.C. 256h ) is amended by adding at the ending the following: (k) Additional funding For the purpose of expanding the program under this section, there is authorized to be appropriated such sums as may be necessary for the 5-year period beginning with the fiscal year that begins not less than 1 year and not more than 2 years after the date of enactment of the Comprehensive Dental Reform Act of 2013 . B Oral health education 211. Authorization of appropriations for oral health education for medical providers Section 747(c) of the Public Health Service Act ( 42 U.S.C. 293k(c) ) is amended by adding at the end the following: (4) Oral health education In addition to other amounts authorized under this subsection for purposes of carrying out this section, there is authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2017 for the purpose of educating nondental medical professionals, including physicians, nurses, nurse practitioners, physician assistants, and pharmacists, about oral health, including issues such as oral hygiene instruction, topical application of fluoride, and oral health screenings, with the goal of integrating oral health care into overall health care. . 212. Oral health education for other non-health professionals Subpart I of part C of title VII of the Public Health Service Act ( 42 U.S.C. 293k et seq. ) is amended by inserting after section 748 the following: 748A. Oral health education for other non-oral health professionals (a) In general The Secretary may make grants to, or enter into contracts with, an accredited public or nonprofit private hospital, an educational institution, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant or contract to educate individuals, such as community health workers, social workers, nutritionists, health educators, occupational therapists, and psychologists, to promote oral health education and literacy and to provide support for behavior change and assistance with care coordination with respect to oral health. (b) Authorization of appropriations To carry out this section, there is authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2017. . 213. Dental education Section 748 of the Public Health Service Act ( 42 U.S.C. 293k–2 ) is amended— (1) in subsection (a)(1)(H), by striking pediatric training programs and inserting pediatric dental training programs ; and (2) in subsection (c)— (A) by striking the subsection heading and inserting Requirements for award .— ; (B) by amending the matter preceding paragraph (1) to read as follows: With respect to training provided for under this section, the Secretary shall award grants or contracts only to eligible entities that meet at least 7 of the following criteria: ; (C) in paragraph (2), by striking have a record of training the greatest percentage of providers, or that have demonstrated significant improvements in the percentage of providers, who enter and and inserting train significant numbers of providers who ; (D) in paragraph (3)— (i) by striking have a record of training and inserting intent to train ; and (ii) by striking the period at the end and inserting and have faculty with experience in treating underserved populations. ; (E) in paragraph (8), by inserting or have established after establish ; and (F) by adding at the end the following: (9) Qualified applicants that require not less than 200 hours of community-based education rotations. . 214. Oral health professional student loans Part F of title VII of the Public Health Service Act ( 42 U.S.C. 295j ) is amended by adding at the end the following: 799C. Oral health professional student loans (a) In general The Secretary shall establish and operate a student loan fund for oral health professional students, including dental hygienists, dental therapists, and dentists. (b) Content The Secretary shall establish and operate the student loan fund program under subsection (a) in the same manner and subject to the same terms as the loan fund program established with schools of nursing under section 835. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2017. . C Other oral health programs 221. Access points Subpart X of part D of title III of the Public Health Service Act ( 42 U.S.C. 256f et seq. ) is amended by adding at the end the following: 340G–2. Funding for oral health services (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to award grants to eligible entities to provide oral health services, or to contract with private dental practices to provide comprehensive oral health services, to low income individuals and individuals who are underserved with respect to oral health care. (b) Technical assistance The Secretary shall provide technical assistance to entities receiving grants under subsection (a) to provide technical assistance to such entities in order to— (1) with respect to oral health care services, increase utilization and efficiency and minimize missed appointments, contract with offsite providers, recruit providers (including oral health specialists), and operate programs outside the physical facilities to take advantage of new systems to improve access to oral health services; (2) address barriers to access to such services and conduct targeted outreach to special populations such as pregnant women, individuals with disabilities, individuals with chronic conditions such as diabetes, and individuals residing in long-term care facilities; or (3) contract with private dental practices that will provide oral health services other than preventive oral health care, including restoration and maintenance of oral health, in order to meet the need for oral health services in the community. (c) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall— (1) be— (A) a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act); (B) a safety net clinic or a free clinic (as defined by the Secretary); (C) a health care clinic that provides services to tribal organizations or urban Indian organizations (as such terms are defined in section 4 of the Indian Health Care Improvement Act); or (D) any other interested public or private sector health care provider or organization that the Secretary determines has a demonstrated history in serving a high number of uninsured and or low-income individuals or those who lack ready access to oral health services; and (2) demonstrate a clear need to expand oral health care services beyond preventive oral health care. (d) Allocation for hiring oral health care specialists A portion of the funds available under this section shall be allocated toward hiring oral health care specialists, such as oral surgeons and endodontists, at entities receiving grants under this section. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2017. . 222. Dental clinics in schools Part Q of title III of the Public Health Service Act ( 42 U.S.C. 280h et seq. ) is amended by adding at the end the following: 399Z–2. Dental clinics in schools (a) In general The Secretary shall award grants to qualified entities for the purpose of funding the building, operation, or expansion of dental clinics in schools. (b) Qualified entities To receive a grant under this section, a qualified entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Requirements An entity receiving a grant under this section shall— (1) provide comprehensive oral health services at a dental clinic based at a school, including oral health education, oral screening, fluoride application, prophylaxis, sealants, and basic restorative services; (2) develop a coordinated system of care by referring patients to an available qualified oral health provider in the community for any required oral health services not provided in the dental clinic in the school, including restorative services, to ensure that all the oral health needs of students are met; and (3) maintain clinic hours that extend beyond school hours. (d) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2017. . 223. Emergency room care coordination Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320B. Emergency room care coordination with respect to dental care (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a grant program to enable individuals to receive dental care at a facility operated by a grant recipient rather than at a hospital emergency room. (b) Eligible entities To be eligible to receive a grant under this section an entity shall— (1) be— (A) a Federally qualified health center (as defined in paragraph (4) of section 1861(aa) of the Social Security Act) or rural health clinic (as defined in paragraph (2) of such section); (B) a private dental practice; or (C) any other interested public or private sector health care provider or organization, such as a dental school, that the Secretary determines has the capacity to serve in a coordinated, cost-effective manner, a high number of individuals who lack access to oral health services; and (2) partner with a hospital or urgent care center. (c) Oral health education for primary care and ER health care providers The Secretary shall allocate a portion of the amounts appropriated under subsection (e) toward medical education for primary care and emergency room physicians, nurses, nurse practitioners, physician assistants, and nurse practitioners to be trained in oral health. (d) Report Not later than January 1, 2017, the Secretary shall submit to Congress a report on the best practices determined by the program established under this section to address oral health needs of individuals who go to emergency rooms in need of oral health care. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated such sums as may be necessary for fiscal years 2014 through 2017. . 224. Research funding For fiscal years 2014 through 2017, there is authorized to be appropriated such sums as may be necessary to each of— (1) the Centers for Disease Control and Prevention, for the purpose of conducting research on— (A) the prevention of oral disease; (B) oral disease management; and (C) evidence-based strategies to prevent tooth decay; (2) the Agency for Healthcare Research and Quality, for the purpose of conducting— (A) research with respect to oral health services and the delivery of oral health services; and (B) an evaluation of oral health service delivery to underserved and vulnerable populations; (3) the National Institute of Dental and Craniofacial Research for the purpose of conducting research on oral health disease management including pharmaceutical-behavioral intervention; and (4) the Maternal and Child Health Bureau for the purpose of conducting research on perinatal, postnatal, and childhood oral health issues. 225. Mobile and portable dental services Subpart X of part D of title III of the Public Health Service Act ( 42 U.S.C. 256f et seq. ), as amended by section 221, is further amended by adding at the end the following: 340G–3. Mobile and portable dental services (a) In general The Secretary shall award grants to Federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act), rural health clinics (as defined in paragraph (2) of such section), nonprofit dental clinics, and dental schools to provide mobile and portable, comprehensive dental services that provide for the restoration or maintenance of oral health and function (including dental services provided by licensed providers through telehealth-enabled collaboration and supervision) and outreach for dental services to underserved populations. Eligible entities shall deliver such services at locations such as senior centers, nursing homes, assisted living facilities, schools, licensed day care centers that serve eligible individuals who receive benefits under the State Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ) or the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), and facilities that provide services under the Special Supplemental Nutrition Program for Women, Infants, and Children (the WIC program) or the Head Start Act ( 42 U.S.C. 9831 et seq. ). The Secretary shall award the grants to entities that can provide coordinated care and continuity of care. (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary. . D Oral health services as an essential health benefit 231. Oral health services as an essential health benefit Section 1302(b)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b)(1) ) is amended by adding at the end the following: (K) Oral health services. . III Department of Veterans Affairs and Department of Defense Matters A Department of Veterans Affairs Matters 301. Requiring the Secretary of Veterans Affairs to furnish dental care in the same manner as any other medical service (a) In general Title 38, United States Code, is amended— (1) in section 1701(6), by striking as described in sections 1710 and 1712 of this title ; (2) in section 1710(c), by striking the second sentence; (3) in section 1712— (A) by striking subsections (a) and (b); (B) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and (C) in subsection (a), as redesignated by subparagraph (B)— (i) by striking Dental appliances and inserting The Secretary may furnish dentures, dental appliances ; and (ii) by striking to be furnished by the Secretary under this section may be procured by the Secretary and inserting under this section and may procure such appliances ; and (4) by striking section 2062. (b) Conforming amendments Such title is further amended— (1) in section 1525(a), by striking medicines under section 1712(d) and inserting medicines under section 1712(b) ; and (2) in section 1703(a)(7), by striking , for a veteran described in section 1712(a)(1)(F) of this title . (c) Clerical amendments Such title is further amended— (1) in section 1712, in the heading for such section, by striking Dental care and inserting Appliances ; (2) in the table of sections at the beginning of chapter 17, by striking the item relating to section 1712 and inserting the following new item: 1712. Appliances; drugs and medicines for certain disabled veterans; vaccines. ; and (3) in the table of sections at the beginning of chapter 20, by striking the item relating to section 2062. 302. Demonstration program on training and employment of alternative dental health care providers for dental health care services for veterans in rural and other underserved communities (a) Demonstration program authorized The Secretary of Veterans Affairs may carry out a demonstration program to establish programs to train and employ alternative dental health care providers in order to increase access to dental health care services for veterans entitled to such services who reside in rural and other underserved communities. (b) Telehealth For purposes of alternative dental health care providers and any other dental care providers who are licensed to provide clinical care, dental services provided under the demonstration program under this section may be administered by such providers through telehealth-enabled collaboration and supervision when deemed appropriate and feasible. (c) Alternative dental health care providers defined In this section, the term alternative dental health care providers has the meaning given that term in section 340G–1(a)(2) of the Public Health Service Act ( 42 U.S.C. 256g–1(a)(2) ). (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the demonstration program under this section. B Department of Defense Matters 311. Demonstration program on training and employment of alternative dental health care providers for dental health care services for members of the Armed Forces and dependents lacking ready access to such services (a) Demonstration program authorized The Secretary of Defense may carry out a demonstration program to establish programs to train and employ alternative dental health care providers in order to increase access to dental health care services for members of the Armed Forces and their dependents who lack ready access to such services, including the following: (1) Members and dependents who reside in rural areas or areas otherwise underserved by dental health care providers. (2) Members of the National Guard and Reserves in active status who are potentially deployable. (b) Telehealth For purposes of alternative dental health care providers and any other dental care providers who are licensed to provide clinical care, dental services provided under the demonstration program under this section may be administered by such providers through telehealth-enabled collaboration and supervision when deemed appropriate and feasible. (c) Alternative dental health care providers defined In this section, the term alternative dental health care providers has the meaning given that term in section 340G–1(a)(2) of the Public Health Service Act ( 42 U.S.C. 256g–1(a)(2) ). (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the demonstration program under this section. IV Federal Bureau of Prisons 401. Demonstration program on training and employment of alternative dental health care providers for dental health care services for prisoners within the custody of the Bureau of Prisons (a) Demonstration program authorized The Attorney General, acting through the Director of the Bureau of Prisons, may carry out a demonstration program to establish programs to train and employ alternative dental health care providers in order to increase access to dental health services for prisoners within the custody of the Bureau of Prisons. (b) Telehealth For purposes of alternative dental health care providers and any other dental care providers who are licensed to provide clinical care, dental services provided under the demonstration program under this section may be administered by such providers through telehealth-enabled collaboration and supervision when deemed appropriate and feasible. (c) Alternative dental health care providers defined In this section, the term alternative dental health care providers has the meaning given that term in section 340G–1(a)(2) of the Public Health Service Act ( 42 U.S.C. 256g–1(a)(2) ). (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the demonstration program under this section. V Indian Health Service 501. Demonstration program on training and employment of alternative dental health care providers for dental health care services under the Indian Health Service (a) Demonstration program authorized The Secretary of Health and Human Services, acting through the Indian Health Service, may carry out a demonstration program to establish programs to train and employ alternative dental health care providers in order to help eliminate oral health disparities and increase access to dental services through health programs operated by the Indian Health Service, Indian tribes, tribal organizations, and Urban Indian organizations (as those terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )). (b) Telehealth For purposes of alternative dental health care providers and any other dental care providers who are licensed to provide clinical care, dental services provided under the demonstration program under this section may be administered by such providers through telehealth-enabled collaboration and supervision when deemed appropriate and feasible. (c) Alternative dental health care providers defined In this section, the term alternative dental health care providers has the meaning given that term in section 340G–1(a)(2) of the Public Health Service Act ( 42 U.S.C. 256g–1(a)(2) ). (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the demonstration program under this section. VI Reports to Congress 601. Evaluation of expansion of coverage for dental services (a) Secretary of Health and Human Services Not later than October 1, 2017, the Secretary of Health and Human Services shall submit to Congress a report that provides a comprehensive cost-benefit analysis regarding the expansion of coverage for dental services pursuant to this Act, including whether the provision of such services resulted in a reduction in total health care costs for individuals under the Medicare and Medicaid programs. (b) Comptroller General (1) Medicaid and Medicare Not later than January 1, 2017, the Comptroller General of the United States shall submit to Congress a report that provides a comprehensive analysis and evaluation of the implementation and utilization of the expanded coverage for dental services pursuant to this Act for individuals enrolled in the Medicare and Medicaid programs. (2) Demonstration programs Not later than January 1, 2017, the Comptroller General of the United States shall submit to Congress a report that provides a comprehensive analysis and evaluation of the demonstration programs described in sections 302, 311, 401, and 501, including— (A) the extent to which the programs improved access to oral health care and increased utilization of oral health services; and (B) an examination of the training provided under the programs to alternative dental health care providers and the quality of care provided by such providers.

https://www.govinfo.gov/content/pkg/BILLS-113hr3120ih/xml/BILLS-113hr3120ih.xml

113-hr-3121

I 113th CONGRESS 1st Session H. R. 3121 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Roe of Tennessee (for himself, Mr. Scalise , Mrs. Blackburn , Mrs. Ellmers , Mr. Fleming , Mr. Gosar , Mr. Price of Georgia , Mr. Rokita , Mr. Flores , Mr. Pearce , Mrs. Hartzler , Mr. Walberg , Mr. Culberson , Mr. Wenstrup , Mr. Mulvaney , Mr. Ross , Mr. Stewart , Mr. Palazzo , Mr. LaMalfa , Mr. McKinley , Mr. Stockman , Mr. Bucshon , Mr. Cotton , Mr. Jordan , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , the Judiciary , Natural Resources , House Administration , Appropriations , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Patient Protection and Affordable Care Act and related reconciliation provisions, to promote patient-centered health care, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the American Health Care Reform Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Repeal of Obamacare Sec. 101. Repeal of PPACA and health care-related provisions in the Health Care and Education Reconciliation Act of 2010. Title II—Increasing Access to Portable, Affordable Health Insurance Sec. 200. Amendment of 1986 Code. Subtitle A—Standard Deduction for Health Insurance Sec. 201. Standard deduction for health insurance. Sec. 202. Changes to existing tax preferences for medical coverage and costs for individuals eligible for standard deduction for health insurance. Sec. 203. Exclusion of standard deduction for health insurance from employment taxes. Sec. 204. Information reporting. Sec. 205. Election to disregard inclusion of contributions by employer to accident or health plan. Subtitle B—Enhancement of health savings accounts Sec. 221. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 222. Provisions relating to Medicare. Sec. 223. Individuals eligible for veterans benefits for a service-connected disability. Sec. 224. Individuals eligible for Indian Health Service assistance. Sec. 225. Individuals eligible for TRICARE coverage. Sec. 226. FSA and HRA interaction with HSAs. Sec. 227. Purchase of health insurance from HSA account. Sec. 228. Special rule for certain medical expenses incurred before establishment of account. Sec. 229. Preventive care prescription drug clarification. Sec. 230. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 231. Administrative error correction before due date of return. Sec. 232. Reauthorization of Medicaid health opportunity accounts. Sec. 233. Members of health care sharing ministries eligible to establish health savings accounts. Sec. 234. High deductible health plans renamed HSA qualified plans. Sec. 235. Treatment of direct primary care service arrangements. Sec. 236. Certain exercise equipment and physical fitness programs treated as medical care. Sec. 237. Certain nutritional and dietary supplements to be treated as medical care. Sec. 238. Certain provider fees to be treated as medical care. Sec. 239. Increase the maximum contribution limit to an HSA to match deductible and out-of-pocket expense limitation. Sec. 240. Child health savings account. Sec. 241. Distributions for abortion expenses from health savings accounts included in gross income. Subtitle C—Enhanced wellness incentives Sec. 251. Providing financial incentives for treatment compliance. Title III—Improving Access to Insurance for Vulnerable Americans Subtitle A—Eliminating barriers to insurance coverage Sec. 301. Elimination of certain requirements for guaranteed availability in individual market. Subtitle B—Ensuring coverage for individuals with preexisting conditions and multiple health care needs through high risk pools Sec. 311. Improvement of high risk pools. Title IV—Encouraging a More Competitive Health Care Market Subtitle A—Expanding patient choice Sec. 401. Cooperative governing of individual health insurance coverage. Subtitle B—McCarran-Ferguson reform Sec. 411. Restoring the application of antitrust laws to health sector insurers. Subtitle C—Medicare Price Transparency Sec. 421. Public availability of Medicare claims data. Subtitle D—State transparency portals Sec. 431. Providing information on health coverage options and health care providers. Subtitle E—Protecting the Doctor-Patient Relationship Sec. 441. Rule of construction. Sec. 442. Repeal of Federal Coordinating Council for Comparative Effectiveness Research. Subtitle F—Association Health Plans Sec. 451. Rules governing association health plans. Sec. 452. Clarification of treatment of single employer arrangements. Sec. 453. Enforcement provisions relating to association health plans. Sec. 454. Cooperation between Federal and State authorities. Sec. 455. Effective date and transitional and other rules. Title V—Reforming Medical Liability Law Sec. 501. Encouraging speedy resolution of claims. Sec. 502. Compensating patient injury. Sec. 503. Maximizing patient recovery. Sec. 504. Punitive damages. Sec. 505. Authorization of payment of future damages to claimants in health care lawsuits. Sec. 506. Definitions. Sec. 507. Effect on other laws. Sec. 508. State flexibility and protection of States’ rights. Sec. 509. Applicability; effective date. Title VI—Respecting Human Life Sec. 601. Special rules regarding abortion. I Repeal of Obamacare 101. Repeal of PPACA and health care-related provisions in the Health Care and Education Reconciliation Act of 2010 (a) PPACA Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health care-Related provisions in the Health Care and Education Reconciliation Act of 2010 Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted. II Increasing Access to Portable, Affordable Health Insurance 200. 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. A Standard Deduction for Health Insurance 201. Standard deduction for health insurance (a) In general Part VII of subchapter B of chapter 1 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Standard deduction for health insurance (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction to the taxpayer for the taxable year the standard deduction for health insurance. (b) Standard deduction for health insurance For purposes of this section— (1) In general The term standard deduction for health insurance means the sum of the monthly limitations for months during the taxable year. (2) Monthly limitation (A) In general The monthly limitation for any month is 1/12 of— (i) $20,000, in the case of a taxpayer who is allowed a deduction under section 151 for more than one individual who for such month is an eligible individual, and (ii) $7,500, in the case of a taxpayer who is allowed a deduction under section 151 for only one individual who for such month is an eligible individual. (B) Cost-of-living adjustment (i) In general In the case of taxable years beginning in calendar years after the first calendar year to which this section applies, the dollar amounts under subparagraph (A) 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) for the calendar year in which such taxable year begins, determined by substituting the calendar year preceding the first calendar year to which section 224 applies for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding If any increase under clause (i) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (3) Yearly limitation The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed the taxpayer’s earned income (as defined in section 32(c)(2)) for such taxable year. (c) Limitations and special rules relating to standard deduction For purposes of this section— (1) Special rule for married individuals filing separately In the case of a married individual who files a separate return for the taxable year, the deduction allowed under subsection (a) shall be equal to one-half of the amount which would otherwise be determined under subsection (a) if such individual filed a joint return for the taxable year. (2) Denial of deduction to dependents No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (3) Coordination with other health tax incentives (A) Denial of deduction if health insurance costs credit allowed No deduction shall be allowed under this section to any taxpayer if a credit is allowed to the taxpayer under section 35 for the taxable year. (B) Reduction for insurance purchased with msa or hsa funds The amount allowed as a deduction under subsection (a) for the taxable year shall be reduced by the aggregate amount— (i) paid during the taxable year from an Archer MSA to which section 220(d)(2)(B)(ii) (other than subclause (II) thereof) applies, and (ii) paid during the taxable year from a health savings account to which section 223(d)(2)(C) (other than clause (ii) thereof) applies. (4) Special rule for divorced parents, etc Notwithstanding subsection (b)(1), an individual who is a child may be taken into account on the return of the parent other than the parent for whom a deduction with respect to the child is allowed under section 151 for a taxable year beginning in a calendar year if— (A) the parent for whom the deduction under section 151 is allowed for a taxable year beginning in such calendar year signs a written declaration (in such manner and form as the Secretary may by regulations prescribe) that such parent will not claim the deduction allowable under this section with respect to the child for taxable years beginning in such calendar year, and (B) the parent for whom the deduction under section 151 is not allowed attaches such written declaration to the parent’s return for the taxable year beginning in such calendar year. (d) Other definitions For purposes of this section— (1) Eligible individual (A) In general The term eligible individual means, with respect to any month, an individual who is covered under a qualified health plan as of the 1st day of such month. (B) Coverage under medicare, medicaid, schip, tricare, and grandfathered employer coverage The term eligible individual shall not include any individual who for any month is— (i) entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, (ii) enrolled in the program under title XIX or XXI of such Act (other than under section 1928 of such Act), (iii) receiving benefits (other than under continuation coverage under section 4980B) which constitute medical care from an employer— (I) from whom such individual is separated from service at the time of receipt of such benefits, and (II) after such separation, if such benefits began before January 1, 2015, unless such individual is also covered by a qualified health plan as of the 1st day of such month, or (iv) entitled to receive benefits under chapter 55 of title 10, United States Code. (C) Identification requirements The term eligible individual shall not include any individual for any month unless the policy number associated with coverage under the qualified health plan and the TIN of each eligible individual covered under such coverage for such month is included on the return for the taxable year in which such month occurs. (2) Qualified health plan (A) In general The term qualified health plan means a health plan (within the meaning of section 223(c)(2), without regard to subparagraph (A)(i) thereof) which, under regulations prescribed by the Secretary, meets the following requirements: (i) The plan has coverage for inpatient and outpatient care, emergency benefits, and physician care. (ii) The plan has coverage which meaningfully limits individual economic exposure to extraordinary medical expenses (B) Exclusion of certain plans The term qualified health plan does not include— (i) a health plan if substantially all of its coverage is coverage described in section 223(c)(1)(B), (ii) any program or benefits referred to in clause (i), (ii), or (iii) of paragraph (1)(B), and (iii) a medicare supplemental policy (as defined in section 1882 of the Social Security Act). (e) Regulations The Secretary may prescribe such regulations as may be necessary to carry out this section. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 is amended by inserting before the last sentence at the end the following new paragraph: (22) Standard deduction for health insurance The deduction allowed by section 224. . (c) Election To take health insurance costs credit Section 35(g) is amended by redesignating the paragraph added by section 1899E(a) of the TAA Health Coverage Improvement Act of 2009, the paragraph added by section 3001(a)(14)(A) of the American Recovery and Reinvestment Act of 2009, and the last paragraph thereof (relating to regulations) as paragraphs (10), (11), and (12), respectively, and by inserting after paragraph (8) the following new paragraph: (9) Election not to claim credit This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. . (d) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 224 and adding at the end the following new items: Sec. 224. Standard deduction for health insurance. Sec. 225. Cross reference. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 202. Changes to existing tax preferences for medical coverage and costs for individuals eligible for standard deduction for health insurance (a) Exclusion for contributions by employer to accident and health plans (1) In general Section 106 is amended by adding at the end the following new subsection: (g) Subsections (a) and (c) apply only to individuals covered by medicare, medicaid, SCHIP, TRICARE, or grandfathered employer plans (1) In general Except as provided in paragraph (2), subsections (a) and (c) shall not apply for any taxable year with respect to which a deduction under section 224 is allowable. (2) Exception for individuals covered by medicare, medicaid, schip, or grandfathered employer plans Paragraph (1) shall not apply to an individual for any taxable year if such individual is not an eligible individual (as defined in section 224(d)(1)) for any month during such taxable year by reason of coverage described in section 224(d)(1)(B). . (2) Conforming amendments (A) Section 106(b)(1) is amended— (i) by inserting gross income does not include before amounts contributed , and (ii) by striking shall be treated as employer-provided coverage for medical expenses under an accident or health plan . (B) Section 106(d)(1) is amended— (i) by inserting gross income does not include before amounts contributed , and (ii) by striking shall be treated as employer-provided coverage for medical expenses under an accident or health plan . (b) Termination of deduction for health insurance costs of self-Employed individuals Subsection (l) of section 162 is amended by adding at the end the following new paragraph: (6) Termination This subsection shall not apply to taxable years with respect to which a deduction under section 224 is allowable. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 203. Exclusion of standard deduction for health insurance from employment taxes (a) In general Chapter 25 is amended by adding at the end the following new section: 3511. Exclusion of standard deduction from employment taxes (a) In general For purposes of chapters 21, 22, and 23, each of the following amounts for any period (determined without regard to this section) shall be reduced by the portion of the standard deduction for health insurance (as defined in section 224) allocable to the period: (1) The amount of wages determined under section 3121(a). (2) The amount of compensation determined under section 3231(e). (3) The amount of wages determined under section 3306(b). (b) Determination of standard deduction allocable to a period For purposes of subsection (a)— (1) In general The determination of the portion of the standard deduction for health insurance allocable to a period shall be made on the basis of a qualified certificate of eligible coverage furnished by the employee to the employer. (2) Qualified certificate of eligible coverage The term qualified certificate of eligible coverage means a statement of eligibility for the deduction allowable under section 224 which contains such information, is in such form, and is provided at such times, as the Secretary may prescribe. (3) Only 1 certificate in effect at a time Except as provided by the Secretary, an employee may have only 1 qualified certificate of eligible coverage in effect for any period. (4) Election An employee may elect not to have this section apply for any period for purposes of chapter 21 or 22. (c) Reconciliation of erroneous payments to be made at employee level (1) In general If the application of this subsection results in an incorrect amount being treated as wages or compensation for purposes of chapter 21, 22, or 23, whichever is applicable, with respect to any employee for 1 or more periods ending within a taxable year of the employee— (A) in the case of an aggregate overpayment of the taxes imposed by any such chapter for all such periods, there shall be allowed as a credit against the tax imposed by chapter 1 for such taxable year on such employee an amount equal to the amount of such overpayment, and (B) in the case of an aggregate underpayment of the taxes imposed by any such chapter for all such periods, the employee shall be liable for payment of the entire amount of such underpayment. (2) Credits treated as refundable For purposes of this title, any credit determined under paragraph (1)(A) or subsection (d)(2) shall be treated as if it were a credit allowed under subpart C of part IV of subchapter A of chapter 1. (3) Rules for reporting and collection of tax Any tax required to be paid by an employee under paragraph (1)(B) shall be included with the employee’s return of Federal income tax for the taxable year. (4) Secretarial authority The Secretary shall prescribe such rules as may be necessary to carry out the provisions of this subsection. . (b) Self-Employment income Section 1402 is amended by adding at the end the following: (m) Standard deduction for health insurance For purposes of this chapter— (1) In general The self-employment income of a taxpayer for any period (determined without regard to this subsection) shall be reduced by the excess (if any) of— (A) the portion of the standard deduction for health insurance (as defined in section 224) allocable to the period, over (B) the amount of any reduction in wages or compensation for such period under section 3511. (2) Determination of standard deduction allocable to a period For purposes of paragraph (1), the portion of the standard deduction allocable to any period shall be determined in a manner similar to the manner under section 3511. . (c) Conforming amendments (1) Section 3121(a)(2) is amended by inserting which is excludable from gross income under section 105 or 106 after such payment) . (2) Subsection (a) of section 209 of the Social Security Act ( 42 U.S.C. 409 ) is amended by striking or at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ; or , and by inserting after paragraph (19) the following new paragraph: (20) any amount excluded from wages under section 3511(a) of the Internal Revenue Code of 1986 (relating to exclusion of standard deduction from employment taxes). . (3) Section 1324(b)(2) of title 31, United States Code, is amended by inserting , or the credit under section 3511(c)(2) of such Code before the period at the end. (4) Section 209(k)(2) of the Social Security Act ( 42 U.S.C. 409(k)(2) ) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) by disregarding the exclusion from wages in subsection (a)(20), . (5) The table of sections for chapter 25 is amended by adding at the end the following new item: Sec. 3511. Exclusion of standard deduction from employment taxes. . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to remuneration paid or accrued for periods on or after December 31, 2014. (2) Reconciliation and self-employed Sections 3511(c) and (d)(2) of the Internal Revenue Code of 1986 (as added by subsection (a)), and the amendments made by subsection (b), shall apply to taxable years beginning after December 31, 2014. 204. Information reporting (a) Health plan providers Subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new section: 6050X. Coverage under qualified health plan (a) In general Every person providing coverage under a qualified health plan (as defined in section 224(d)(2)) during a calendar year shall, on or before January 31 of the succeeding year, make a return described in subsection (b) with respect to each individual who is covered by such person under a qualified health plan for any month during the calendar year. (b) Return A return is described in this subsection if such return— (1) is in such form as the Secretary prescribes, and (2) contains— (A) the name of the person providing coverage under the qualified health plan, (B) the name, address, and TIN of the individual covered by the plan, (C) if such individual is the owner of the policy under which such plan is provided, the name, address, and TIN of each other individual covered by such policy and the relationship of each such individual to such owner, and (D) the specific months of the year for which each individual referred to in subparagraph (B) is, as of the first day of each such month, covered by such plan. (c) Statement To be furnished with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return under subsection (b)(2)(A) a written statement showing— (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the information described in subsection (b)(2). The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. . (b) Employers Subsection (a) of section 6051 is amended by striking and at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting , and , and by inserting after paragraph (13) the following new paragraph: (14) the value (determined under section 4980B(f)(4)) of employer-provided coverage for each month under an accident or health plan and the category of such coverage for purposes of section 6116. . (c) Application to retirees Subsection (a) of section 6051 is amended by adding at the end the following: In the case of a retiree, this section shall (to the extent established by the Secretary by regulation) apply only with respect to paragraph (14). . (d) Assessable penalties (1) Subparagraph (B) of section 6724(d)(1) is amended by striking or at the end of clause (xxiv), by striking and at the end of clause (xxv) and inserting or , and by adding at the end the following new clause: (xxvi) section 6050X (relating to returns relating to payments for qualified health insurance), and . (2) Paragraph (2) of section 6724(d) is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting , or and by adding at the end the following new subparagraph: (II) section 6050X(d) (relating to returns relating to payments for qualified health insurance). . (e) Clerical amendment The table of sections for such subpart B is amended by adding at the end the following new item: Sec. 6050X. Coverage under qualified health plan. . (f) Effective date The amendments made by this section shall apply to years beginning after December 31, 2014. 205. Election to disregard inclusion of contributions by employer to accident or health plan (a) In general Subparagraph (B) of section 32(c)(2) is amended by striking and at the end of clause (v), by striking the period at the end of clause (vi) and inserting , and , and by adding at the end the following new clause: (vii) a taxpayer may elect to exclude from earned income amounts that would have been excluded from gross income under section 106 but for subsection (g) thereof. . (b) Effective date The amendments made by subsection (a) shall apply to taxable years beginning December 31, 2014. B Enhancement of health savings accounts 221. Allow both spouses to make catch-up contributions to the same HSA account (a) In general Paragraph (3) of section 223(b) is amended by adding at the end the following new subparagraph: (C) Special rule where both spouses are eligible individuals with 1 account If— (i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and (ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 222. Provisions relating to Medicare (a) Individuals over age 65 only enrolled in Medicare Part A Paragraph (7) of section 223(b) is amended by adding at the end the following: This paragraph shall not apply to any individual during any period for which the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act. . (b) Medicare beneficiaries participating in Medicare advantage MSA may contribute their own money to their MSA (1) In general Subsection (b) of section 138 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Conforming amendment Paragraph (4) of section 138(c) is amended by striking and paragraph (2) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 223. Individuals eligible for veterans benefits for a service-connected disability (a) In general Paragraph (1) of section 223(c) is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for certain veterans benefits For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 224. Individuals eligible for Indian Health Service assistance (a) In general Paragraph (1) of section 223(c), as amended by this Act, is amended by adding at the end the following new subparagraph: (D) Special rule for individuals eligible for assistance under Indian Health Service programs For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives hospital care or medical services under a medical care program of the Indian Health Service or of a tribal organization. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 225. Individuals eligible for TRICARE coverage (a) In general Paragraph (1) of section 223(c), as amended by this Act, is amended by adding at the end the following new subparagraph: (E) Special rule for individuals eligible for assistance under tricare For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive hospital care, medical services, or prescription drugs under TRICARE Extra or TRICARE Standard and such individual is not enrolled in TRICARE Prime. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 226. FSA and HRA interaction with HSAs (a) Eligible individuals include FSA and HRA participants Subparagraph (B) of section 223(c)(1) is amended— (1) by striking and at the end of clause (ii), (2) by striking the period at the end of clause (iii) and inserting , and , and (3) by inserting after clause (iii) the following new clause: (iv) coverage under a health flexible spending arrangement or a health reimbursement arrangement in the plan year a qualified HSA distribution as described in section 106(e) is made on behalf of the individual if after the qualified HSA distribution is made and for the remaining duration of the plan year, the coverage provided under the health flexible spending arrangement or health reimbursement arrangement is converted to— (I) coverage that does not pay or reimburse any medical expense incurred before the minimum annual deductible under paragraph (2)(A)(i) (prorated for the period occurring after the qualified HSA distribution is made) is satisfied, (II) coverage that, after the qualified HSA distribution is made, does not pay or reimburse any medical expense incurred after the qualified HSA distribution is made other than preventive care as defined in paragraph (2)(C), (III) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for coverage described in clause (ii) (but not through insurance or for long-term care services), (IV) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for permitted insurance or coverage described in clause (ii) (but not for long-term care services), (V) coverage that, after the qualified HSA distribution is made, pays or reimburses only those medical expenses incurred after an individual’s retirement (and no expenses incurred before retirement), or (VI) coverage that, after the qualified HSA distribution is made, is suspended, pursuant to an election made on or before the date the individual elects a qualified HSA distribution or, if later, on the date of the individual enrolls in a high deductible health plan, that does not pay or reimburse, at any time, any medical expense incurred during the suspension period except as defined in the preceding subclauses of this clause. . (b) Qualified HSA distribution shall not affect flexible spending arrangement Paragraph (1) of section 106(e) is amended to read as follows: (1) In general A plan shall not fail to be treated as a health flexible spending arrangement under this section, section 105, or section 125, or as a health reimbursement arrangement under this section or section 105, merely because such plan provides for a qualified HSA distribution. . (c) FSA balances at year end shall not forfeit Paragraph (2) of section 125(d) is amended by adding at the end the following new subparagraph: (E) Exception for qualified HSA distributions Subparagraph (A) shall not apply to the extent that there is an amount remaining in a health flexible spending account at the end of a plan year that an individual elects to contribute to a health savings account pursuant to a qualified HSA distribution (as defined in section 106(e)(2)). . (d) Simplification of limitations on FSA and HRA rollovers Paragraph (2) of section 106(e) is amended to read as follows: (2) Qualified HSA distribution (A) In general The term qualified HSA distribution means a distribution from a health flexible spending arrangement or health reimbursement arrangement to the extent that such distribution does not exceed the lesser of— (i) the balance in such arrangement as of the date of such distribution, or (ii) the amount determined under subparagraph (B). Such term shall not include more than 1 distribution with respect to any arrangement. (B) Dollar limitations (i) Distributions from a health flexible spending arrangement A qualified HSA distribution from a health flexible spending arrangement shall not exceed the applicable amount. (ii) Distributions from a health reimbursement arrangement A qualified HSA distribution from a health reimbursement arrangement shall not exceed— (I) the applicable amount divided by 12, multiplied by (II) the number of months during which the individual is a participant in the health reimbursement arrangement. (iii) Applicable amount For purposes of this subparagraph, the applicable amount is— (I) $2,250 in the case of an eligible individual who has self-only coverage under a high deductible health plan at the time of such distribution, and (II) $4,500 in the case of an eligible individual who has family coverage under a high deductible health plan at the time of such distribution. . (e) Elimination of additional tax for failure To maintain high deductible health plan coverage Subsection (e) of section 106 is amended— (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively, and (2) by striking subparagraph (A) of paragraph (3), as so redesignated, and redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B) thereof, respectively. (f) Limited purpose FSAs and HRAs Subsection (e) of section 106 , as amended by this section, is amended by adding at the end the following new paragraph: (5) Limited purpose FSAs and HRAs A plan shall not fail to be a health flexible spending arrangement or health reimbursement arrangement under this section or section 105 merely because the plan converts coverage for individuals who enroll in a high deductible health plan described in section 223(c)(2) to coverage described in section 223(c)(1)(B)(iv). Coverage for such individuals may be converted as of the date of enrollment in the high deductible health plan, without regard to the period of coverage under the health flexible spending arrangement or health reimbursement arrangement, and without requiring any change in coverage to individuals who do not enroll in a high deductible health plan. . (g) Distribution amounts adjusted for cost-of-Living Subsection (e) of section 106 , as amended by this section, is amended by adding at the end the following new paragraph: (6) Cost-of-living adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2013, each of the dollar amounts in paragraph (2)(B)(iii) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. . (h) Disclaimer of disqualifying coverage Subparagraph (B) of section 223(c)(1), as amended by this section, is amended— (1) by striking and at the end of clause (iii), (2) by striking the period at the end of clause (iv) and inserting , and , and (3) by inserting after clause (iv) the following new clause: (v) any coverage (including prospective coverage) under a health plan that is not a high deductible health plan which is disclaimed in writing, at the time of the creation or organization of the health savings account, including by execution of a trust described in subsection (d)(1) through a governing instrument that includes such a disclaimer, or by acceptance of an amendment to such a trust that includes such a disclaimer. . (i) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 227. Purchase of health insurance from HSA account (a) In general Paragraph (2) of section 223(d) is amended to read as follows: (2) Qualified medical expenses (A) In general The term qualified medical expenses means, with respect to an account beneficiary, amounts paid by such beneficiary for medical care (as defined in section 213(d)) for any individual covered by a high deductible health plan of the account beneficiary, but only to the extent such amounts are not compensated for by insurance or otherwise. (B) Health insurance may not be purchased from account Except as provided in subparagraph (C), subparagraph (A) shall not apply to any payment for insurance. (C) Exceptions Subparagraph (B) shall not apply to any expense for coverage under— (i) a health plan during any period of continuation coverage required under any Federal law, (ii) a qualified long-term care insurance contract (as defined in section 7702B(b)), (iii) a health plan during any period in which the individual is receiving unemployment compensation under any Federal or State law, (iv) a high deductible health plan, or (v) any health insurance under title XVIII of the Social Security Act, other than a Medicare supplemental policy (as defined in section 1882 of such Act). . (b) Effective date The amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. 228. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(d), as amended by this Act, is amended by adding at the end the following new subparagraph: (D) Certain medical expenses incurred before establishment of account treated as qualified An expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred— (i) during either— (I) the taxable year in which the health savings account was established, or (II) the preceding taxable year in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and (ii) for medical care of an individual during a period that such individual was covered by a high deductible health plan and met the requirements of subsection (c)(1)(A)(ii) (after application of subsection (c)(1)(B)). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 229. Preventive care prescription drug clarification (a) Clarify use of drugs in preventive care Subparagraph (C) of section 223(c)(2) is amended by adding at the end the following: Preventive care shall include prescription and over-the-counter drugs and medicines which have the primary purpose of preventing the onset of, further deterioration from, or complications associated with chronic conditions, illnesses, or diseases. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2003. 230. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code. . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. 231. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(f) is amended by adding at the end the following new subparagraph: (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 232. Reauthorization of Medicaid health opportunity accounts (a) In general Section 1938 of the Social Security Act ( 42 U.S.C. 1396u–8 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Initial demonstration The demonstration program under this section shall begin on January 1, 2007. The Secretary shall approve States to conduct demonstration programs under this section for a 5-year period, with each State demonstration program covering one or more geographic areas specified by the State. With respect to a State, after the initial 5-year period of any demonstration program conducted under this section by the State, unless the Secretary finds, taking into account cost-effectiveness and quality of care, that the State demonstration program has been unsuccessful, the demonstration program may be extended or made permanent in the State. ; and (B) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking not ; and (ii) by striking unless and inserting if ; (2) in subsection (b)— (A) in paragraph (3), by inserting clause (i) through (vii), (viii) (without regard to the amendment made by section 2004(c)(2) of Public Law 111–148 ), (x), or (xi) of after described in ; and (B) by striking paragraphs (4), (5), and (6); (3) in subsection (c)— (A) by striking paragraphs (3) and (4); (B) by redesignating paragraphs (5) through (8) as paragraphs (3) through (6), respectively; and (C) in paragraph (4) (as redesignated by subparagraph (B)), by striking Subject to subparagraphs (D) and (E) and inserting Subject to subparagraph (D) ; and (4) in subsection (d)— (A) in paragraph (2), by striking subparagraph (E); and (B) in paragraph (3)— (i) in subparagraph (A)(ii), by striking Subject to subparagraph (B)(ii), in and inserting In ; and (ii) by striking subparagraph (B) and inserting the following: (B) Maintenance of health opportunity account after becoming ineligible for public benefit Notwithstanding any other provision of law, if an account holder of a health opportunity account becomes ineligible for benefits under this title because of an increase in income or assets— (i) no additional contribution shall be made into the account under paragraph (2)(A)(i); and (ii) the account shall remain available to the account holder for 3 years after the date on which the individual becomes ineligible for such benefits for withdrawals under the same terms and conditions as if the account holder remained eligible for such benefits, and such withdrawals shall be treated as medical assistance in accordance with subsection (c)(4). . (b) Conforming amendment Section 613 of Public Law 111–3 is repealed. 233. Members of health care sharing ministries eligible to establish health savings accounts (a) In general Section 223 is amended by adding at the end the following new subsection: (i) Application to health care sharing ministries For purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under a high deductible health plan. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 234. High deductible health plans renamed HSA qualified plans (a) In general Section 223 , as amended by this subtitle, is amended by striking high deductible health plan each place it appears and inserting HSA qualified health plan . (b) Conforming amendments (1) Section 106(e), as amended by this subtitle, is amended by striking high deductible health plan each place it appears and inserting HSA qualified health plan . (2) The heading for paragraph (2) of section 223(c) is amended by striking High deductible health plan and inserting HSA qualified health plan . (3) Section 408(d)(9) is amended— (A) by striking high deductible health plan each place it appears in subparagraph (C) and inserting HSA qualified health plan , and (B) by striking High deductible health plan in the heading of subparagraph (D) and inserting HSA qualified health plan . 235. Treatment of direct primary care service arrangements (a) In general Section 223(c) is amended by adding at the end the following new paragraph: (6) Treatment of direct primary care service arrangements An arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee— (A) shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and (B) shall not be treated as insurance for purposes of subsection (d)(2)(B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 236. Certain exercise equipment and physical fitness programs treated as medical care (a) In general Subsection (d) of section 213 is amended by adding at the end the following new paragraph: (12) Exercise equipment and physical fitness programs (A) In general The term medical care shall include amounts paid— (i) to purchase or use equipment used in a program (including a self-directed program) of physical exercise, (ii) to participate, or receive instruction, in a program of physical exercise, and (iii) for membership dues in a fitness club the primary purpose of which is to provide access to equipment and facilities for physical exercise. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 237. Certain nutritional and dietary supplements to be treated as medical care (a) In general Subsection (d) of section 213 , as amended by this Act, is amended by adding at the end the following new paragraph: (13) Nutritional and dietary supplements (A) In general The term medical care shall include amounts paid to purchase herbs, vitamins, minerals, homeopathic remedies, meal replacement products, and other dietary and nutritional supplements. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. (C) Meal replacement product For purposes of this paragraph, the term meal replacement product means any product that— (i) is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and (ii) is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 238. Certain provider fees to be treated as medical care (a) In general Subsection (d) of section 213 , as amended by this Act, is amended by adding at the end the following new paragraph: (14) Periodic provider fees The term medical care shall include periodic fees paid to a primary care physician for the right to receive medical services on an as-needed basis. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 239. Increase the maximum contribution limit to an HSA to match deductible and out-of-pocket expense limitation (a) Self-Only coverage Subparagraph (A) of section 223(b)(2) is amended by striking $2,250 and inserting the amount in effect under subsection (c)(2)(A)(ii)(I) . (b) Family coverage Subparagraph (B) of section 223(b)(2) is amended by striking $4,500 and inserting the amount in effect under subsection (c)(2)(A)(ii)(II) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 240. Child health savings account (a) In general Section 223 , as amended by this Act, is amended by adding at the end the following new subsection: (j) Child health savings accounts (1) In general In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child of the taxpayer. (2) Limitation The amount taken into account under paragraph (1) with respect to each child of the taxpayer for the taxable year shall not exceed an amount equal to $3,000. (3) Child health savings account For purposes of this subsection, the term child health savings account means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer, but only if— (A) such account was established for the benefit of the child before the child attains the age of 5, and (B) under the written governing instrument creating the trust, no contribution will be accepted to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar amount in effect under paragraph (2). (4) Treatment of account before age 18 For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the child attains the age of 18, after which such account shall be treated as a health savings account of the child. (5) Distributions (A) In general In the case of a child health savings account established under this section for the benefit of a child of a taxpayer— (i) Before age 18 Any amount paid or distributed out of such account before the child has attained the age of 18, shall be included in the gross income of the taxpayer, and subparagraph (A) of subsection (f) shall apply (relating to additional tax on distributions not used for qualified medical expenses). (ii) Age 18 and older Any amount paid or distributed out of such account after the child has attained the age of 18 may only be treated as used to pay qualified medical expenses to the extent such child is not covered as a dependent under insurance (other than permitted insurance) of a parent. (B) Exceptions for disability or death of child If the child becomes disabled within the meaning of section 72(m)(7) or dies— (i) subparagraph (A) shall not apply to any subsequent payment or distribution, and (ii) the taxpayer may rollover the amount in such account to an individual retirement plan of the taxpayer, to any health savings account of the taxpayer, or to any child health savings account of any other child of the taxpayer. (C) Health insurance may be purchased from account Subparagraph (B) of subsection (d)(2) shall not apply to any health savings account originally established as a child health savings account. (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 241. Distributions for abortion expenses from health savings accounts included in gross income (a) In general Subsection (f) of section 223 is amended by adding at the end the following new paragraph: (9) Exception for certain abortion expenses (A) In general Notwithstanding paragraph (1), any amount used to pay for an abortion (other than an abortion described in subparagraph (B)) shall be included in the gross income of such beneficiary. (B) Exceptions Subparagraph (A) shall not apply to— (i) an abortion— (I) in the case of a pregnancy that is the result of an act of rape or incest, or (II) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy, and (ii) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. C Enhanced wellness incentives 251. Providing financial incentives for treatment compliance (a) Limitation on exception for wellness programs under HIPAA discrimination rules (1) Employee Retirement Income Security Act of 1974 amendment Section 702(b)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1182(b)(2) ) is amended by adding after and below subparagraph (B) the following: In applying subparagraph (B), a group health plan (or a health insurance issuer with respect to health insurance coverage) may vary premiums and cost-sharing by up to 50 percent of the value of the benefits under the plan (or coverage) based on participation (or lack of participation) in a standards-based wellness program. . (2) PHSA amendment Section 2702(b)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b)(2) ) is amended by adding after and below subparagraph (B) the following: In applying subparagraph (B), a group health plan (or a health insurance issuer with respect to health insurance coverage) may vary premiums and cost-sharing by up to 50 percent of the value of the benefits under the plan (or coverage) based on participation (or lack of participation) in a standards-based wellness program. . (3) IRC amendment Section 9802(b)(2) of the Internal Revenue Code of 1986 is amended by adding after and below subparagraph (B) the following: In applying subparagraph (B), a group health plan may vary premiums and cost-sharing by up to 50 percent of the value of the benefits under the plan based on participation (or lack of participation) in a standards-based wellness program. . (b) Effective date The amendments made by subsection (a) shall apply to plan years beginning more than 1 year after the date of the enactment of this Act. III Improving Access to Insurance for Vulnerable Americans A Eliminating barriers to insurance coverage 301. Elimination of certain requirements for guaranteed availability in individual market (a) In general Section 2741(b) of the Public Health Service Act ( 42 U.S.C. 300gg–41(b) ) is amended— (1) in paragraph (1)— (A) by striking (1)(A) and inserting (1) ; and (B) by striking and (B) and all that follows up to the semicolon at the end; (2) by adding and at the end of paragraph (2); (3) in paragraph (3)— (A) by striking (1)(A) and inserting (1) ; and (B) by striking the semicolon at the end and inserting a period; and (4) by striking paragraphs (4) and (5). (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. B Ensuring coverage for individuals with preexisting conditions and multiple health care needs through high risk pools 311. Improvement of high risk pools Section 2745 of the Public Health Service Act ( 42 U.S.C. 300gg–45 ) is amended— (1) in subsection (a), by adding at the end the following: The Secretary shall provide from the funds appropriated under subsection (d)(3)(A) a grant of up to $5,000,000 to each State that has not created a qualified high risk pool as of September 1, 2013, for the State's costs of creation and initial operation of such a pool. ; (2) in paragraphs (1) and (2) of subsection (b), by striking and (2)(A) and inserting (2)(A), (3)(B), and (4) each place it appears; (3) in subsection (b)(3), by inserting with respect to funds made available for fiscal years before fiscal year 2014, after applicable standard risks, ; (4) by adding at the end of subsection (b) the following new paragraph: (5) Verification of citizenship or alien qualification (A) In general Notwithstanding any other provision of law, effective upon the date of the enactment of this paragraph, only citizens and nationals of the United States shall be eligible to participate in a qualified high risk pool that receives funds under this section. (B) Condition of participation As a condition of a State receiving such funds under this subsection for a fiscal year beginning with fiscal year 2014, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualified high risk pool to provide satisfactory documentation of citizenship or nationality in a manner consistent with section 1903(x) of the Social Security Act. (C) Records The Secretary shall keep sufficient records such that a determination of citizenship or nationality only has to be made once for any individual under this paragraph. ; and (5) in subsection (d)— (A) in paragraphs (1)(B) and (2) by striking paragraph (4) and inserting paragraph (6) ; (B) in paragraph (4), by striking or (2) and inserting (2), (3)(B), or (4) ; (C) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7), respectively; and (D) by inserting after paragraph (2) the following: (3) Authorization of appropriations for fiscal year 2014 There are authorized to be appropriated for fiscal year 2014— (A) $50,000,000 to carry out the second sentence of subsection (a); and (B) $2,450,000,000 which, subject to paragraph (6), shall be made available for allotments under subsection (b)(2). (4) Authorization of appropriations for fiscal years 2015 through 2023 There are authorized to be appropriated $2,500,000,000 for each of fiscal years 2015 through 2023 which, subject to paragraph (6), shall be made available for allotments under subsection (b)(2). . IV Encouraging a More Competitive Health Care Market A Expanding patient choice 401. Cooperative governing of individual health insurance coverage (a) In General Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following new part: D Cooperative Governing of Individual Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. (2) Secondary state The term secondary State means, with respect to individual health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. (4) Individual health insurance coverage The term individual health insurance coverage means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). (5) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. (6) Hazardous financial condition The term hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (7) Covered laws (A) In general The term covered laws means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— (i) individual health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; (iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual health insurance coverage of management, operations, and investment activities of a health insurance issuer; and (v) the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. (B) Exception Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. (8) State The term State means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (9) Unfair claims settlement practices The term unfair claims settlement practices means only the following practices: (A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. (B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. (C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. (D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. (E) Refusing to pay claims without conducting a reasonable investigation. (F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. (G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. (H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. (I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. (J) Failing to provide forms necessary to present claims within 15 calendar days of a requests with reasonable explanations regarding their use. (K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. (10) Fraud and abuse The term fraud and abuse means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: (A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract. (ii) The rating of an insurance policy or reinsurance contract. (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. (iv) Premiums paid on an insurance policy or reinsurance contract. (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. (vii) The financial condition of an insurer or reinsurer. (viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. (ix) The issuance of written evidence of insurance. (x) The reinstatement of an insurance policy. (B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. (C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. (D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. 2796. Application of law (a) In General Except as provided in section 601(c) of the American Health Care Reform Act of 2013 , the covered laws of the primary State shall apply to individual health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State. (b) Exemptions From Covered Laws in a Secondary State Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would— (1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer— (A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; (B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; (C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer’s financial condition, if— (i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and (ii) any such examination is conducted in accordance with the examiners’ handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; (D) to comply with a lawful order issued— (i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or (ii) in a voluntary dissolution proceeding; (E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; (F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; (G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or (I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that Secondary State; or (3) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. (c) Clear and Conspicuous Disclosure A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: Notice This policy is issued by _____ and is governed by the laws and regulations of the State of _____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. . (d) Prohibition on Certain Reclassifications and Premium Increases (1) In general For purposes of this section, a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— (A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual; or (B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. (2) Construction Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— (A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; (B) from raising premium rates for all policy holders within a class based on claims experience; (C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— (i) are disclosed to the consumer in the insurance contract; (ii) are based on specific wellness activities that are not applicable to all individuals; and (iii) are not obtainable by all individuals to whom coverage is offered; (D) from reinstating lapsed coverage; or (E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (e) Prior Offering of Policy in Primary State A health insurance issuer may not offer for sale individual health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. (f) Licensing of Agents or Brokers for Health Insurance Issuers Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (g) Documents for Submission to State Insurance Commissioner Each health insurance issuer issuing individual health insurance coverage in both primary and secondary States shall submit— (1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual health insurance coverage in such State— (A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); (B) written notice of any change in its designation of its primary State; and (C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and (2) to the insurance commissioner of each secondary State in which it offers individual health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— (A) a member of the American Academy of Actuaries; or (B) a qualified loss reserve specialist. (h) Power of Courts To Enjoin Conduct Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— (1) the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). (i) Power of Secondary States To Take Administrative Action Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). (j) State Powers To Enforce State Laws (1) In general Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). (2) Courts of competent jurisdiction If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. (k) States’ Authority To Sue Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. (l) Generally Applicable Laws Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. 2797. Primary State must meet Federal floor before issuer may sell into secondary States A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. 2798. Independent external appeals procedures (a) Right to External Appeal A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State under the provisions of this title unless— (1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage, or (2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the Health Carrier External Review Model Act of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. (b) Qualifications of Independent Medical Reviewers In the case of any independent review mechanism referred to in subsection (a)(2)— (1) In general In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— (A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); (B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and (C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). (2) Licensure and expertise Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— (A) is appropriately credentialed or licensed in 1 or more States to deliver health care services; and (B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (3) Independence (A) In general Subject to subparagraph (B), each independent medical reviewer in a case shall— (i) not be a related party (as defined in paragraph (7)); (ii) not have a material familial, financial, or professional relationship with such a party; and (iii) not otherwise have a conflict of interest with such a party (as determined under regulations). (B) Exception Nothing in subparagraph (A) shall be construed to— (i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if— (I) a non-affiliated individual is not reasonably available; (II) the affiliated individual is not involved in the provision of items or services in the case under review; (III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and (IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; (ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or (iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). (4) Practicing health care professional in same field (A) In general In a case involving treatment, or the provision of items or services— (i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or (ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (B) Practicing defined For purposes of this paragraph, the term practicing means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. (5) Pediatric expertise In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. (6) Limitations on reviewer compensation Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall— (A) not exceed a reasonable level; and (B) not be contingent on the decision rendered by the reviewer. (7) Related party defined For purposes of this section, the term related party means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: (A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. (B) The enrollee (or authorized representative). (C) The health care professional that provides the items or services involved in the denial. (D) The institution at which the items or services (or treatment) involved in the denial are provided. (E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. (F) Any other party determined under any regulations to have a substantial interest in the denial involved. (8) Definitions For purposes of this subsection: (A) Enrollee The term enrollee means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. (B) Health care professional The term health care professional means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. 2799. Enforcement (a) In General Subject to subsection (b) and except as provided in section 601(c) of the American Health Care Reform Act of 2013 , with respect to specific individual health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State’s covered laws in the primary State and any secondary State. (b) Secondary State’s Authority Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). (c) Court Interpretation In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. (d) Notice of Compliance Failure In the case of individual health insurance coverage offered in a secondary State that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State. . (b) Effective Date The amendment made by subsection (a) shall apply to individual health insurance coverage offered, issued, or sold after the date that is one year after the date of the enactment of this Act. (c) GAO Ongoing Study and Reports (1) Study The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on— (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). B McCarran-Ferguson reform 411. Restoring the application of antitrust laws to health sector insurers (a) Amendment to McCarran-Ferguson Act Section 3 of the Act of March 9, 1945 ( 15 U.S.C. 1013 ), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: (c) (1) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance). For purposes of the preceding sentence, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. (2) For purposes of paragraph (1), the term business of health insurance (including the business of dental insurance) does not include— (A) the business of life insurance (including annuities); or (B) the business of property or casualty insurance, including but not limited to, any insurance or benefits defined as ‘excepted benefits’ under paragraph (1), subparagraphs (B) or (C) of paragraph (2), or paragraph (3) of section 9832(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9832(c) ) whether offered separately or in combination with insurance or benefits described in paragraph (2)(A) of such section. . (b) Related Provision For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of Corporation contained in section 4 of the Federal Trade Commission Act. C Medicare Price Transparency 421. Public availability of Medicare claims data (a) In general Section 1128J of the Social Security Act ( 42 U.S.C. 1320a–7k ) is amended by adding at the end the following new subsection: (f) Public availability of medicare claims data (1) In general The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, make available to the public claims and payment data of the Department of Health and Human Services related to title XVIII, including data on payments made to any provider of services or supplier under such title. (2) Implementation (A) In general Not later than December 31, 2014, the Secretary shall promulgate regulations to carry out this subsection. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that— (i) the data described in paragraph (1) is made available to the public through a searchable database that the public can access at no cost; (ii) such database— (I) includes the amount paid to each provider of services or supplier under title XVIII, the items or services for which such payment was made, and the location of the provider of services or supplier; (II) is organized based on the specialty or the type of provider of services or supplier involved; (III) is searchable based on the type of items or services furnished; and (IV) includes a disclaimer that the aggregate data in the database does not reflect on the quality of the items or services furnished or of the provider of services or supplier who furnished the items or services; and (iii) each provider of services or supplier in the database is identified by a unique identifier that is available to the public (such as the National Provider Identifier of the provider of services or supplier). (C) Scope of data The database shall include data for fiscal year 2014, and each year fiscal year thereafter. . (b) Information not exempt under the Freedom of Information Act The term personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy , as used in section 552(b)(6) of title 5, United States Code, does not include the information required to be made available to the public under section 1128J(f) of the Social Security Act, as added by subsection (a). D State transparency portals 431. Providing information on health coverage options and health care providers (a) State-Based portal A State (by itself or jointly with other States) may contract with a private entity to establish a Health Plan and Provider Portal Web site (referred to in this section as a plan portal ) for the purposes of providing standardized information— (1) on health insurance plans that have been certified to be available for purchase in that State; and (2) on price and quality information on health care providers (including physicians, hospitals, and other health care institutions). (b) Prohibitions (1) Direct Enrollment A plan portal may not directly enroll individuals in health insurance plans or under a State Medicaid plan or a State children’s health insurance plan. (2) Conflicts of interest (A) Companies A health insurance issuer offering a health insurance plan through a plan portal may not— (i) be the private entity developing and maintaining a plan portal under this section; or (ii) have an ownership interest in such private entity or in the plan portal. (B) Individuals An individual employed by a health insurance issuer offering a health insurance plan through a plan portal may not serve as a director or officer for— (i) the private entity developing and maintaining a plan portal under this section; or (ii) the plan portal. (c) Construction Nothing in this section shall be construed to prohibit health insurance brokers and agents from— (1) utilizing the plan portal for any purpose; or (2) marketing or offering health insurance products. (d) State defined In this section, the term State has the meaning given such term for purposes of title XIX of the Social Security Act. (e) Health insurance plans For purposes of this section, the term health insurance plan does not include coverage of excepted benefits, as defined in section 2791(c) of the Public Health Service Act ( 42 U.S.C. 300gg–91(c) ). (f) Authorization of appropriations There are authorized to be appropriated $50,000,000 for fiscal year 2014 to provide funding for the Secretary of Health and Human Services to award grants to States to enter into contracts to establish a portal plan under this section, to remain available until expended. E Protecting the Doctor-Patient Relationship 441. Rule of construction Nothing in this Act shall be construed to interfere with the doctor-patient relationship or the practice of medicine. 442. Repeal of Federal Coordinating Council for Comparative Effectiveness Research Effective on the date of the enactment of this Act, section 804 of the American Recovery and Reinvestment Act of 2009 is repealed. F Association Health Plans 451. Rules governing association health plans (a) In General Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding after part 7 the following new part: 8 RULES GOVERNING ASSOCIATION HEALTH PLANS 801. Association health plans (a) In General For purposes of this part, the term association health plan means a group health plan whose sponsor is (or is deemed under this part to be) described in subsection (b). (b) Sponsorship The sponsor of a group health plan is described in this subsection if such sponsor— (1) is organized and maintained in good faith, with a constitution and bylaws specifically stating its purpose and providing for periodic meetings on at least an annual basis, as a bona fide trade association, a bona fide industry association (including a rural electric cooperative association or a rural telephone cooperative association), a bona fide professional association, or a bona fide chamber of commerce (or similar bona fide business association, including a corporation or similar organization that operates on a cooperative basis (within the meaning of section 1381 of the Internal Revenue Code of 1986)), for substantial purposes other than that of obtaining or providing medical care; (2) is established as a permanent entity which receives the active support of its members and requires for membership payment on a periodic basis of dues or payments necessary to maintain eligibility for membership in the sponsor; and (3) does not condition membership, such dues or payments, or coverage under the plan on the basis of health status-related factors with respect to the employees of its members (or affiliated members), or the dependents of such employees, and does not condition such dues or payments on the basis of group health plan participation. Any sponsor consisting of an association of entities which meet the requirements of paragraphs (1), (2), and (3) shall be deemed to be a sponsor described in this subsection. 802. Certification of association health plans (a) In General The applicable authority shall prescribe by regulation a procedure under which, subject to subsection (b), the applicable authority shall certify association health plans which apply for certification as meeting the requirements of this part. (b) Standards Under the procedure prescribed pursuant to subsection (a), in the case of an association health plan that provides at least one benefit option which does not consist of health insurance coverage, the applicable authority shall certify such plan as meeting the requirements of this part only if the applicable authority is satisfied that the applicable requirements of this part are met (or, upon the date on which the plan is to commence operations, will be met) with respect to the plan. (c) Requirements Applicable to Certified Plans An association health plan with respect to which certification under this part is in effect shall meet the applicable requirements of this part, effective on the date of certification (or, if later, on the date on which the plan is to commence operations). (d) Requirements for Continued Certification The applicable authority may provide by regulation for continued certification of association health plans under this part. (e) Class Certification for Fully Insured Plans The applicable authority shall establish a class certification procedure for association health plans under which all benefits consist of health insurance coverage. Under such procedure, the applicable authority shall provide for the granting of certification under this part to the plans in each class of such association health plans upon appropriate filing under such procedure in connection with plans in such class and payment of the prescribed fee under section 807(a). (f) Certification of Self-Insured Association Health Plans An association health plan which offers one or more benefit options which do not consist of health insurance coverage may be certified under this part only if such plan consists of any of the following: (1) a plan which offered such coverage on the date of the enactment of this part, (2) a plan under which the sponsor does not restrict membership to one or more trades and businesses or industries and whose eligible participating employers represent a broad cross-section of trades and businesses or industries, or (3) a plan whose eligible participating employers represent one or more trades or businesses, or one or more industries, consisting of any of the following: agriculture; equipment and automobile dealerships; barbering and cosmetology; certified public accounting practices; child care; construction; dance, theatrical and orchestra productions; disinfecting and pest control; financial services; fishing; food service establishments; hospitals; labor organizations; logging; manufacturing (metals); mining; medical and dental practices; medical laboratories; professional consulting services; sanitary services; transportation (local and freight); warehousing; wholesaling/distributing; or any other trade or business or industry which has been indicated as having average or above-average risk or health claims experience by reason of State rate filings, denials of coverage, proposed premium rate levels, or other means demonstrated by such plan in accordance with regulations. 803. Requirements relating to sponsors and boards of trustees (a) Sponsor The requirements of this subsection are met with respect to an association health plan if the sponsor has met (or is deemed under this part to have met) the requirements of section 801(b) for a continuous period of not less than 3 years ending with the date of the application for certification under this part. (b) Board of Trustees The requirements of this subsection are met with respect to an association health plan if the following requirements are met: (1) Fiscal control The plan is operated, pursuant to a trust agreement, by a board of trustees which has complete fiscal control over the plan and which is responsible for all operations of the plan. (2) Rules of operation and financial controls The board of trustees has in effect rules of operation and financial controls, based on a 3-year plan of operation, adequate to carry out the terms of the plan and to meet all requirements of this title applicable to the plan. (3) Rules governing relationship to participating employers and to contractors (A) Board membership (i) In general Except as provided in clauses (ii) and (iii), the members of the board of trustees are individuals selected from individuals who are the owners, officers, directors, or employees of the participating employers or who are partners in the participating employers and actively participate in the business. (ii) Limitation (I) General rule Except as provided in subclauses (II) and (III), no such member is an owner, officer, director, or employee of, or partner in, a contract administrator or other service provider to the plan. (II) Limited exception for providers of services solely on behalf of the sponsor Officers or employees of a sponsor which is a service provider (other than a contract administrator) to the plan may be members of the board if they constitute not more than 25 percent of the membership of the board and they do not provide services to the plan other than on behalf of the sponsor. (III) Treatment of providers of medical care In the case of a sponsor which is an association whose membership consists primarily of providers of medical care, subclause (I) shall not apply in the case of any service provider described in subclause (I) who is a provider of medical care under the plan. (iii) Certain plans excluded Clause (i) shall not apply to an association health plan which is in existence on the date of the enactment of this part. (B) Sole authority The board has sole authority under the plan to approve applications for participation in the plan and to contract with a service provider to administer the day-to-day affairs of the plan. (c) Treatment of Franchise Networks In the case of a group health plan which is established and maintained by a franchiser for a franchise network consisting of its franchisees— (1) the requirements of subsection (a) and section 801(a) shall be deemed met if such requirements would otherwise be met if the franchiser were deemed to be the sponsor referred to in section 801(b), such network were deemed to be an association described in section 801(b), and each franchisee were deemed to be a member (of the association and the sponsor) referred to in section 801(b); and (2) the requirements of section 804(a)(1) shall be deemed met. The Secretary may by regulation define for purposes of this subsection the terms franchiser , franchise network , and franchisee . 804. Participation and coverage requirements (a) Covered Employers and Individuals The requirements of this subsection are met with respect to an association health plan if, under the terms of the plan— (1) each participating employer must be— (A) a member of the sponsor, (B) the sponsor, or (C) an affiliated member of the sponsor with respect to which the requirements of subsection (b) are met, except that, in the case of a sponsor which is a professional association or other individual-based association, if at least one of the officers, directors, or employees of an employer, or at least one of the individuals who are partners in an employer and who actively participates in the business, is a member or such an affiliated member of the sponsor, participating employers may also include such employer; and (2) all individuals commencing coverage under the plan after certification under this part must be— (A) active or retired owners (including self-employed individuals), officers, directors, or employees of, or partners in, participating employers; or (B) the beneficiaries of individuals described in subparagraph (A). (b) Coverage of Previously Uninsured Employees In the case of an association health plan in existence on the date of the enactment of this part, an affiliated member of the sponsor of the plan may be offered coverage under the plan as a participating employer only if— (1) the affiliated member was an affiliated member on the date of certification under this part; or (2) during the 12-month period preceding the date of the offering of such coverage, the affiliated member has not maintained or contributed to a group health plan with respect to any of its employees who would otherwise be eligible to participate in such association health plan. (c) Individual Market Unaffected The requirements of this subsection are met with respect to an association health plan if, under the terms of the plan, no participating employer may provide health insurance coverage in the individual market for any employee not covered under the plan which is similar to the coverage contemporaneously provided to employees of the employer under the plan, if such exclusion of the employee from coverage under the plan is based on a health status-related factor with respect to the employee and such employee would, but for such exclusion on such basis, be eligible for coverage under the plan. (d) Prohibition of Discrimination Against Employers and Employees Eligible To Participate The requirements of this subsection are met with respect to an association health plan if— (1) under the terms of the plan, all employers meeting the preceding requirements of this section are eligible to qualify as participating employers for all geographically available coverage options, unless, in the case of any such employer, participation or contribution requirements of the type referred to in section 2711 of the Public Health Service Act are not met; (2) upon request, any employer eligible to participate is furnished information regarding all coverage options available under the plan; and (3) the applicable requirements of sections 701, 702, and 703 are met with respect to the plan. 805. Other requirements relating to plan documents, contribution rates, and benefit options (a) In General The requirements of this section are met with respect to an association health plan if the following requirements are met: (1) Contents of governing instruments The instruments governing the plan include a written instrument, meeting the requirements of an instrument required under section 402(a)(1), which— (A) provides that the board of trustees serves as the named fiduciary required for plans under section 402(a)(1) and serves in the capacity of a plan administrator (referred to in section 3(16)(A)); (B) provides that the sponsor of the plan is to serve as plan sponsor (referred to in section 3(16)(B)); and (C) incorporates the requirements of section 806. (2) Contribution rates must be nondiscriminatory (A) The contribution rates for any participating small employer do not vary on the basis of any health status-related factor in relation to employees of such employer or their beneficiaries and do not vary on the basis of the type of business or industry in which such employer is engaged. (B) Nothing in this title or any other provision of law shall be construed to preclude an association health plan, or a health insurance issuer offering health insurance coverage in connection with an association health plan, from— (i) setting contribution rates based on the claims experience of the plan; or (ii) varying contribution rates for small employers in a State to the extent that such rates could vary using the same methodology employed in such State for regulating premium rates in the small group market with respect to health insurance coverage offered in connection with bona fide associations (within the meaning of section 2791(d)(3) of the Public Health Service Act ), subject to the requirements of section 702(b) relating to contribution rates. (3) Floor for number of covered individuals with respect to certain plans If any benefit option under the plan does not consist of health insurance coverage, the plan has as of the beginning of the plan year not fewer than 1,000 participants and beneficiaries. (4) Marketing requirements (A) In general If a benefit option which consists of health insurance coverage is offered under the plan, State-licensed insurance agents shall be used to distribute to small employers coverage which does not consist of health insurance coverage in a manner comparable to the manner in which such agents are used to distribute health insurance coverage. (B) State-licensed insurance agents For purposes of subparagraph (A), the term State-licensed insurance agents means one or more agents who are licensed in a State and are subject to the laws of such State relating to licensure, qualification, testing, examination, and continuing education of persons authorized to offer, sell, or solicit health insurance coverage in such State. (5) Regulatory requirements Such other requirements as the applicable authority determines are necessary to carry out the purposes of this part, which shall be prescribed by the applicable authority by regulation. (b) Ability of Association Health Plans To Design Benefit Options Subject to section 514(d), nothing in this part or any provision of State law (as defined in section 514(c)(1)) shall be construed to preclude an association health plan, or a health insurance issuer offering health insurance coverage in connection with an association health plan, from exercising its sole discretion in selecting the specific items and services consisting of medical care to be included as benefits under such plan or coverage, except (subject to section 514) in the case of (1) any law to the extent that it is not preempted under section 731(a)(1) with respect to matters governed by section 711, 712, or 713, (2) any law of the State with which filing and approval of a policy type offered by the plan was initially obtained to the extent that such law prohibits an exclusion of a specific disease from such coverage, or (3) any law described in section 601(c) of the American Health Care Reform Act of 2013 . 806. Maintenance of reserves and provisions for solvency for plans providing health benefits in addition to health insurance coverage (a) In General The requirements of this section are met with respect to an association health plan if— (1) the benefits under the plan consist solely of health insurance coverage; or (2) if the plan provides any additional benefit options which do not consist of health insurance coverage, the plan— (A) establishes and maintains reserves with respect to such additional benefit options, in amounts recommended by the qualified actuary, consisting of— (i) a reserve sufficient for unearned contributions; (ii) a reserve sufficient for benefit liabilities which have been incurred, which have not been satisfied, and for which risk of loss has not yet been transferred, and for expected administrative costs with respect to such benefit liabilities; (iii) a reserve sufficient for any other obligations of the plan; and (iv) a reserve sufficient for a margin of error and other fluctuations, taking into account the specific circumstances of the plan; and (B) establishes and maintains aggregate and specific excess/stop loss insurance and solvency indemnification, with respect to such additional benefit options for which risk of loss has not yet been transferred, as follows: (i) The plan shall secure aggregate excess/stop loss insurance for the plan with an attachment point which is not greater than 125 percent of expected gross annual claims. The applicable authority may by regulation provide for upward adjustments in the amount of such percentage in specified circumstances in which the plan specifically provides for and maintains reserves in excess of the amounts required under subparagraph (A). (ii) The plan shall secure specific excess/stop loss insurance for the plan with an attachment point which is at least equal to an amount recommended by the plan’s qualified actuary. The applicable authority may by regulation provide for adjustments in the amount of such insurance in specified circumstances in which the plan specifically provides for and maintains reserves in excess of the amounts required under subparagraph (A). (iii) The plan shall secure indemnification insurance for any claims which the plan is unable to satisfy by reason of a plan termination. Any person issuing to a plan insurance described in clause (i), (ii), or (iii) of subparagraph (B) shall notify the Secretary of any failure of premium payment meriting cancellation of the policy prior to undertaking such a cancellation. Any regulations prescribed by the applicable authority pursuant to clause (i) or (ii) of subparagraph (B) may allow for such adjustments in the required levels of excess/stop loss insurance as the qualified actuary may recommend, taking into account the specific circumstances of the plan. (b) Minimum Surplus in Addition to Claims Reserves In the case of any association health plan described in subsection (a)(2), the requirements of this subsection are met if the plan establishes and maintains surplus in an amount at least equal to— (1) $500,000, or (2) such greater amount (but not greater than $2,000,000) as may be set forth in regulations prescribed by the applicable authority, considering the level of aggregate and specific excess/stop loss insurance provided with respect to such plan and other factors related to solvency risk, such as the plan’s projected levels of participation or claims, the nature of the plan’s liabilities, and the types of assets available to assure that such liabilities are met. (c) Additional Requirements In the case of any association health plan described in subsection (a)(2), the applicable authority may provide such additional requirements relating to reserves, excess/stop loss insurance, and indemnification insurance as the applicable authority considers appropriate. Such requirements may be provided by regulation with respect to any such plan or any class of such plans. (d) Adjustments for Excess/Stop Loss Insurance The applicable authority may provide for adjustments to the levels of reserves otherwise required under subsections (a) and (b) with respect to any plan or class of plans to take into account excess/stop loss insurance provided with respect to such plan or plans. (e) Alternative Means of Compliance The applicable authority may permit an association health plan described in subsection (a)(2) to substitute, for all or part of the requirements of this section (except subsection (a)(2)(B)(iii)), such security, guarantee, hold-harmless arrangement, or other financial arrangement as the applicable authority determines to be adequate to enable the plan to fully meet all its financial obligations on a timely basis and is otherwise no less protective of the interests of participants and beneficiaries than the requirements for which it is substituted. The applicable authority may take into account, for purposes of this subsection, evidence provided by the plan or sponsor which demonstrates an assumption of liability with respect to the plan. Such evidence may be in the form of a contract of indemnification, lien, bonding, insurance, letter of credit, recourse under applicable terms of the plan in the form of assessments of participating employers, security, or other financial arrangement. (f) Measures To Ensure Continued Payment of Benefits by Certain Plans in Distress (1) Payments by certain plans to association health plan fund (A) In general In the case of an association health plan described in subsection (a)(2), the requirements of this subsection are met if the plan makes payments into the Association Health Plan Fund under this subparagraph when they are due. Such payments shall consist of annual payments in the amount of $5,000, and, in addition to such annual payments, such supplemental payments as the Secretary may determine to be necessary under paragraph (2). Payments under this paragraph are payable to the Fund at the time determined by the Secretary. Initial payments are due in advance of certification under this part. Payments shall continue to accrue until a plan’s assets are distributed pursuant to a termination procedure. (B) Penalties for failure to make payments If any payment is not made by a plan when it is due, a late payment charge of not more than 100 percent of the payment which was not timely paid shall be payable by the plan to the Fund. (C) Continued duty of the secretary The Secretary shall not cease to carry out the provisions of paragraph (2) on account of the failure of a plan to pay any payment when due. (2) Payments by secretary to continue excess/stop loss insurance coverage and indemnification insurance coverage for certain plans In any case in which the applicable authority determines that there is, or that there is reason to believe that there will be: (A) a failure to take necessary corrective actions under section 809(a) with respect to an association health plan described in subsection (a)(2); or (B) a termination of such a plan under section 809(b) or 810(b)(8) (and, if the applicable authority is not the Secretary, certifies such determination to the Secretary), the Secretary shall determine the amounts necessary to make payments to an insurer (designated by the Secretary) to maintain in force excess/stop loss insurance coverage or indemnification insurance coverage for such plan, if the Secretary determines that there is a reasonable expectation that, without such payments, claims would not be satisfied by reason of termination of such coverage. The Secretary shall, to the extent provided in advance in appropriation Acts, pay such amounts so determined to the insurer designated by the Secretary. (3) Association health plan fund (A) In general There is established on the books of the Treasury a fund to be known as the Association Health Plan Fund . The Fund shall be available for making payments pursuant to paragraph (2). The Fund shall be credited with payments received pursuant to paragraph (1)(A), penalties received pursuant to paragraph (1)(B); and earnings on investments of amounts of the Fund under subparagraph (B). (B) Investment Whenever the Secretary determines that the moneys of the fund are in excess of current needs, the Secretary may request the investment of such amounts as the Secretary determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States. (g) Excess/Stop Loss Insurance For purposes of this section— (1) Aggregate excess/stop loss insurance The term aggregate excess/stop loss insurance means, in connection with an association health plan, a contract— (A) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to aggregate claims under the plan in excess of an amount or amounts specified in such contract; (B) which is guaranteed renewable; and (C) which allows for payment of premiums by any third party on behalf of the insured plan. (2) Specific excess/stop loss insurance The term specific excess/stop loss insurance means, in connection with an association health plan, a contract— (A) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to claims under the plan in connection with a covered individual in excess of an amount or amounts specified in such contract in connection with such covered individual; (B) which is guaranteed renewable; and (C) which allows for payment of premiums by any third party on behalf of the insured plan. (h) Indemnification Insurance For purposes of this section, the term indemnification insurance means, in connection with an association health plan, a contract— (1) under which an insurer (meeting such minimum standards as the applicable authority may prescribe by regulation) provides for payment to the plan with respect to claims under the plan which the plan is unable to satisfy by reason of a termination pursuant to section 809(b) (relating to mandatory termination); (2) which is guaranteed renewable and noncancellable for any reason (except as the applicable authority may prescribe by regulation); and (3) which allows for payment of premiums by any third party on behalf of the insured plan. (i) Reserves For purposes of this section, the term reserves means, in connection with an association health plan, plan assets which meet the fiduciary standards under part 4 and such additional requirements regarding liquidity as the applicable authority may prescribe by regulation. (j) Solvency Standards Working Group (1) In general Within 90 days after the date of the enactment of this part, the applicable authority shall establish a Solvency Standards Working Group. In prescribing the initial regulations under this section, the applicable authority shall take into account the recommendations of such Working Group. (2) Membership The Working Group shall consist of not more than 15 members appointed by the applicable authority. The applicable authority shall include among persons invited to membership on the Working Group at least one of each of the following: (A) a representative of the National Association of Insurance Commissioners; (B) a representative of the American Academy of Actuaries; (C) a representative of the State governments, or their interests; (D) a representative of existing self-insured arrangements, or their interests; (E) a representative of associations of the type referred to in section 801(b)(1), or their interests; and (F) a representative of multiemployer plans that are group health plans, or their interests. 807. Requirements for application and related requirements (a) Filing Fee Under the procedure prescribed pursuant to section 802(a), an association health plan shall pay to the applicable authority at the time of filing an application for certification under this part a filing fee in the amount of $5,000, which shall be available in the case of the Secretary, to the extent provided in appropriation Acts, for the sole purpose of administering the certification procedures applicable with respect to association health plans. (b) Information To Be Included in Application for Certification An application for certification under this part meets the requirements of this section only if it includes, in a manner and form which shall be prescribed by the applicable authority by regulation, at least the following information: (1) Identifying information The names and addresses of— (A) the sponsor; and (B) the members of the board of trustees of the plan. (2) States in which plan intends to do business The States in which participants and beneficiaries under the plan are to be located and the number of them expected to be located in each such State. (3) Bonding requirements Evidence provided by the board of trustees that the bonding requirements of section 412 will be met as of the date of the application or (if later) commencement of operations. (4) Plan documents A copy of the documents governing the plan (including any bylaws and trust agreements), the summary plan description, and other material describing the benefits that will be provided to participants and beneficiaries under the plan. (5) Agreements with service providers A copy of any agreements between the plan and contract administrators and other service providers. (6) Funding report In the case of association health plans providing benefits options in addition to health insurance coverage, a report setting forth information with respect to such additional benefit options determined as of a date within the 120-day period ending with the date of the application, including the following: (A) Reserves A statement, certified by the board of trustees of the plan, and a statement of actuarial opinion, signed by a qualified actuary, that all applicable requirements of section 806 are or will be met in accordance with regulations which the applicable authority shall prescribe. (B) Adequacy of contribution rates A statement of actuarial opinion, signed by a qualified actuary, which sets forth a description of the extent to which contribution rates are adequate to provide for the payment of all obligations and the maintenance of required reserves under the plan for the 12-month period beginning with such date within such 120-day period, taking into account the expected coverage and experience of the plan. If the contribution rates are not fully adequate, the statement of actuarial opinion shall indicate the extent to which the rates are inadequate and the changes needed to ensure adequacy. (C) Current and projected value of assets and liabilities A statement of actuarial opinion signed by a qualified actuary, which sets forth the current value of the assets and liabilities accumulated under the plan and a projection of the assets, liabilities, income, and expenses of the plan for the 12-month period referred to in subparagraph (B). The income statement shall identify separately the plan’s administrative expenses and claims. (D) Costs of coverage to be charged and other expenses A statement of the costs of coverage to be charged, including an itemization of amounts for administration, reserves, and other expenses associated with the operation of the plan. (E) Other information Any other information as may be determined by the applicable authority, by regulation, as necessary to carry out the purposes of this part. (c) Filing Notice of Certification With States A certification granted under this part to an association health plan shall not be effective unless written notice of such certification is filed with the applicable State authority of each State in which at least 25 percent of the participants and beneficiaries under the plan are located. For purposes of this subsection, an individual shall be considered to be located in the State in which a known address of such individual is located or in which such individual is employed. (d) Notice of Material Changes In the case of any association health plan certified under this part, descriptions of material changes in any information which was required to be submitted with the application for the certification under this part shall be filed in such form and manner as shall be prescribed by the applicable authority by regulation. The applicable authority may require by regulation prior notice of material changes with respect to specified matters which might serve as the basis for suspension or revocation of the certification. (e) Reporting Requirements for Certain Association Health Plans An association health plan certified under this part which provides benefit options in addition to health insurance coverage for such plan year shall meet the requirements of section 103 by filing an annual report under such section which shall include information described in subsection (b)(6) with respect to the plan year and, notwithstanding section 104(a)(1)(A), shall be filed with the applicable authority not later than 90 days after the close of the plan year (or on such later date as may be prescribed by the applicable authority). The applicable authority may require by regulation such interim reports as it considers appropriate. (f) Engagement of Qualified Actuary The board of trustees of each association health plan which provides benefits options in addition to health insurance coverage and which is applying for certification under this part or is certified under this part shall engage, on behalf of all participants and beneficiaries, a qualified actuary who shall be responsible for the preparation of the materials comprising information necessary to be submitted by a qualified actuary under this part. The qualified actuary shall utilize such assumptions and techniques as are necessary to enable such actuary to form an opinion as to whether the contents of the matters reported under this part— (1) are in the aggregate reasonably related to the experience of the plan and to reasonable expectations; and (2) represent such actuary’s best estimate of anticipated experience under the plan. The opinion by the qualified actuary shall be made with respect to, and shall be made a part of, the annual report. 808. Notice requirements for voluntary termination Except as provided in section 809(b), an association health plan which is or has been certified under this part may terminate (upon or at any time after cessation of accruals in benefit liabilities) only if the board of trustees, not less than 60 days before the proposed termination date— (1) provides to the participants and beneficiaries a written notice of intent to terminate stating that such termination is intended and the proposed termination date; (2) develops a plan for winding up the affairs of the plan in connection with such termination in a manner which will result in timely payment of all benefits for which the plan is obligated; and (3) submits such plan in writing to the applicable authority. Actions required under this section shall be taken in such form and manner as may be prescribed by the applicable authority by regulation. 809. Corrective actions and mandatory termination (a) Actions To Avoid Depletion of Reserves An association health plan which is certified under this part and which provides benefits other than health insurance coverage shall continue to meet the requirements of section 806, irrespective of whether such certification continues in effect. The board of trustees of such plan shall determine quarterly whether the requirements of section 806 are met. In any case in which the board determines that there is reason to believe that there is or will be a failure to meet such requirements, or the applicable authority makes such a determination and so notifies the board, the board shall immediately notify the qualified actuary engaged by the plan, and such actuary shall, not later than the end of the next following month, make such recommendations to the board for corrective action as the actuary determines necessary to ensure compliance with section 806. Not later than 30 days after receiving from the actuary recommendations for corrective actions, the board shall notify the applicable authority (in such form and manner as the applicable authority may prescribe by regulation) of such recommendations of the actuary for corrective action, together with a description of the actions (if any) that the board has taken or plans to take in response to such recommendations. The board shall thereafter report to the applicable authority, in such form and frequency as the applicable authority may specify to the board, regarding corrective action taken by the board until the requirements of section 806 are met. (b) Mandatory Termination In any case in which— (1) the applicable authority has been notified under subsection (a) (or by an issuer of excess/stop loss insurance or indemnity insurance pursuant to section 806(a)) of a failure of an association health plan which is or has been certified under this part and is described in section 806(a)(2) to meet the requirements of section 806 and has not been notified by the board of trustees of the plan that corrective action has restored compliance with such requirements; and (2) the applicable authority determines that there is a reasonable expectation that the plan will continue to fail to meet the requirements of section 806, the board of trustees of the plan shall, at the direction of the applicable authority, terminate the plan and, in the course of the termination, take such actions as the applicable authority may require, including satisfying any claims referred to in section 806(a)(2)(B)(iii) and recovering for the plan any liability under subsection (a)(2)(B)(iii) or (e) of section 806, as necessary to ensure that the affairs of the plan will be, to the maximum extent possible, wound up in a manner which will result in timely provision of all benefits for which the plan is obligated. 810. Trusteeship by the Secretary of insolvent association health plans providing health benefits in addition to health insurance coverage (a) Appointment of Secretary as Trustee for Insolvent Plans Whenever the Secretary determines that an association health plan which is or has been certified under this part and which is described in section 806(a)(2) will be unable to provide benefits when due or is otherwise in a financially hazardous condition, as shall be defined by the Secretary by regulation, the Secretary shall, upon notice to the plan, apply to the appropriate United States district court for appointment of the Secretary as trustee to administer the plan for the duration of the insolvency. The plan may appear as a party and other interested persons may intervene in the proceedings at the discretion of the court. The court shall appoint such Secretary trustee if the court determines that the trusteeship is necessary to protect the interests of the participants and beneficiaries or providers of medical care or to avoid any unreasonable deterioration of the financial condition of the plan. The trusteeship of such Secretary shall continue until the conditions described in the first sentence of this subsection are remedied or the plan is terminated. (b) Powers as Trustee The Secretary, upon appointment as trustee under subsection (a), shall have the power— (1) to do any act authorized by the plan, this title, or other applicable provisions of law to be done by the plan administrator or any trustee of the plan; (2) to require the transfer of all (or any part) of the assets and records of the plan to the Secretary as trustee; (3) to invest any assets of the plan which the Secretary holds in accordance with the provisions of the plan, regulations prescribed by the Secretary, and applicable provisions of law; (4) to require the sponsor, the plan administrator, any participating employer, and any employee organization representing plan participants to furnish any information with respect to the plan which the Secretary as trustee may reasonably need in order to administer the plan; (5) to collect for the plan any amounts due the plan and to recover reasonable expenses of the trusteeship; (6) to commence, prosecute, or defend on behalf of the plan any suit or proceeding involving the plan; (7) to issue, publish, or file such notices, statements, and reports as may be required by the Secretary by regulation or required by any order of the court; (8) to terminate the plan (or provide for its termination in accordance with section 809(b)) and liquidate the plan assets, to restore the plan to the responsibility of the sponsor, or to continue the trusteeship; (9) to provide for the enrollment of plan participants and beneficiaries under appropriate coverage options; and (10) to do such other acts as may be necessary to comply with this title or any order of the court and to protect the interests of plan participants and beneficiaries and providers of medical care. (c) Notice of Appointment As soon as practicable after the Secretary’s appointment as trustee, the Secretary shall give notice of such appointment to— (1) the sponsor and plan administrator; (2) each participant; (3) each participating employer; and (4) if applicable, each employee organization which, for purposes of collective bargaining, represents plan participants. (d) Additional Duties Except to the extent inconsistent with the provisions of this title, or as may be otherwise ordered by the court, the Secretary, upon appointment as trustee under this section, shall be subject to the same duties as those of a trustee under section 704 of title 11, United States Code, and shall have the duties of a fiduciary for purposes of this title. (e) Other Proceedings An application by the Secretary under this subsection may be filed notwithstanding the pendency in the same or any other court of any bankruptcy, mortgage foreclosure, or equity receivership proceeding, or any proceeding to reorganize, conserve, or liquidate such plan or its property, or any proceeding to enforce a lien against property of the plan. (f) Jurisdiction of Court (1) In general Upon the filing of an application for the appointment as trustee or the issuance of a decree under this section, the court to which the application is made shall have exclusive jurisdiction of the plan involved and its property wherever located with the powers, to the extent consistent with the purposes of this section, of a court of the United States having jurisdiction over cases under chapter 11 of title 11, United States Code. Pending an adjudication under this section such court shall stay, and upon appointment by it of the Secretary as trustee, such court shall continue the stay of, any pending mortgage foreclosure, equity receivership, or other proceeding to reorganize, conserve, or liquidate the plan, the sponsor, or property of such plan or sponsor, and any other suit against any receiver, conservator, or trustee of the plan, the sponsor, or property of the plan or sponsor. Pending such adjudication and upon the appointment by it of the Secretary as trustee, the court may stay any proceeding to enforce a lien against property of the plan or the sponsor or any other suit against the plan or the sponsor. (2) Venue An action under this section may be brought in the judicial district where the sponsor or the plan administrator resides or does business or where any asset of the plan is situated. A district court in which such action is brought may issue process with respect to such action in any other judicial district. (g) Personnel In accordance with regulations which shall be prescribed by the Secretary, the Secretary shall appoint, retain, and compensate accountants, actuaries, and other professional service personnel as may be necessary in connection with the Secretary’s service as trustee under this section. 811. State assessment authority (a) In General Notwithstanding section 514, a State may impose by law a contribution tax on an association health plan described in section 806(a)(2), if the plan commenced operations in such State after the date of the enactment of this part. (b) Contribution Tax For purposes of this section, the term contribution tax imposed by a State on an association health plan means any tax imposed by such State if— (1) such tax is computed by applying a rate to the amount of premiums or contributions, with respect to individuals covered under the plan who are residents of such State, which are received by the plan from participating employers located in such State or from such individuals; (2) the rate of such tax does not exceed the rate of any tax imposed by such State on premiums or contributions received by insurers or health maintenance organizations for health insurance coverage offered in such State in connection with a group health plan; (3) such tax is otherwise nondiscriminatory; and (4) the amount of any such tax assessed on the plan is reduced by the amount of any tax or assessment otherwise imposed by the State on premiums, contributions, or both received by insurers or health maintenance organizations for health insurance coverage, aggregate excess/stop loss insurance (as defined in section 806(g)(1)), specific excess/stop loss insurance (as defined in section 806(g)(2)), other insurance related to the provision of medical care under the plan, or any combination thereof provided by such insurers or health maintenance organizations in such State in connection with such plan. 812. Definitions and rules of construction (a) Definitions For purposes of this part— (1) Group health plan The term group health plan has the meaning provided in section 733(a)(1) (after applying subsection (b) of this section). (2) Medical care The term medical care has the meaning provided in section 733(a)(2). (3) Health insurance coverage The term health insurance coverage has the meaning provided in section 733(b)(1). (4) Health insurance issuer The term health insurance issuer has the meaning provided in section 733(b)(2). (5) Applicable authority The term applicable authority means the Secretary, except that, in connection with any exercise of the Secretary’s authority regarding which the Secretary is required under section 506(d) to consult with a State, such term means the Secretary, in consultation with such State. (6) Health status-related factor The term health status-related factor has the meaning provided in section 733(d)(2). (7) Individual market (A) In general The term individual market means the market for health insurance coverage offered to individuals other than in connection with a group health plan. (B) Treatment of very small groups (i) In general Subject to clause (ii), such term includes coverage offered in connection with a group health plan that has fewer than 2 participants as current employees or participants described in section 732(d)(3) on the first day of the plan year. (ii) State exception Clause (i) shall not apply in the case of health insurance coverage offered in a State if such State regulates the coverage described in such clause in the same manner and to the same extent as coverage in the small group market (as defined in section 2791(e)(5) of the Public Health Service Act ) is regulated by such State. (8) Participating employer The term participating employer means, in connection with an association health plan, any employer, if any individual who is an employee of such employer, a partner in such employer, or a self-employed individual who is such employer (or any dependent, as defined under the terms of the plan, of such individual) is or was covered under such plan in connection with the status of such individual as such an employee, partner, or self-employed individual in relation to the plan. (9) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of title XXVII of the Public Health Service Act for the State involved with respect to such issuer. (10) Qualified actuary The term qualified actuary means an individual who is a member of the American Academy of Actuaries. (11) Affiliated member The term affiliated member means, in connection with a sponsor— (A) a person who is otherwise eligible to be a member of the sponsor but who elects an affiliated status with the sponsor, (B) in the case of a sponsor with members which consist of associations, a person who is a member of any such association and elects an affiliated status with the sponsor, or (C) in the case of an association health plan in existence on the date of the enactment of this part, a person eligible to be a member of the sponsor or one of its member associations. (12) Large employer The term large employer means, in connection with a group health plan with respect to a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. (13) Small employer The term small employer means, in connection with a group health plan with respect to a plan year, an employer who is not a large employer. (b) Rules of Construction (1) Employers and employees For purposes of determining whether a plan, fund, or program is an employee welfare benefit plan which is an association health plan, and for purposes of applying this title in connection with such plan, fund, or program so determined to be such an employee welfare benefit plan— (A) in the case of a partnership, the term employer (as defined in section 3(5)) includes the partnership in relation to the partners, and the term employee (as defined in section 3(6)) includes any partner in relation to the partnership; and (B) in the case of a self-employed individual, the term employer (as defined in section 3(5)) and the term employee (as defined in section 3(6)) shall include such individual. (2) Plans, funds, and programs treated as employee welfare benefit plans In the case of any plan, fund, or program which was established or is maintained for the purpose of providing medical care (through the purchase of insurance or otherwise) for employees (or their dependents) covered thereunder and which demonstrates to the Secretary that all requirements for certification under this part would be met with respect to such plan, fund, or program if such plan, fund, or program were a group health plan, such plan, fund, or program shall be treated for purposes of this title as an employee welfare benefit plan on and after the date of such demonstration. . (b) Conforming Amendments to Preemption Rules (1) Section 514(b)(6) of such Act ( 29 U.S.C. 1144(b)(6) ) is amended by adding at the end the following new subparagraph: (E) The preceding subparagraphs of this paragraph do not apply with respect to any State law in the case of an association health plan which is certified under part 8. . (2) Section 514 of such Act ( 29 U.S.C. 1144 ) is amended— (A) in subsection (b)(4), by striking Subsection (a) and inserting Subsections (a) and (f) ; (B) in subsection (b)(5), by striking subsection (a) in subparagraph (A) and inserting subsection (a) of this section and subsections (a)(2)(B) and (b) of section 805 , and by striking subsection (a) in subparagraph (B) and inserting subsection (a) of this section or subsection (a)(2)(B) or (b) of section 805 ; and (C) by adding at the end the following new subsection: (f) (1) Except as provided in subsection (b)(4), the provisions of this title shall supersede any and all State laws insofar as they may now or hereafter preclude, or have the effect of precluding, a health insurance issuer from offering health insurance coverage in connection with an association health plan which is certified under part 8. (2) Except as provided in paragraphs (4) and (5) of subsection (b) of this section— (A) In any case in which health insurance coverage of any policy type is offered under an association health plan certified under part 8 to a participating employer operating in such State, the provisions of this title shall supersede any and all laws of such State insofar as they may preclude a health insurance issuer from offering health insurance coverage of the same policy type to other employers operating in the State which are eligible for coverage under such association health plan, whether or not such other employers are participating employers in such plan. (B) In any case in which health insurance coverage of any policy type is offered in a State under an association health plan certified under part 8 and the filing, with the applicable State authority (as defined in section 812(a)(9)), of the policy form in connection with such policy type is approved by such State authority, the provisions of this title shall supersede any and all laws of any other State in which health insurance coverage of such type is offered, insofar as they may preclude, upon the filing in the same form and manner of such policy form with the applicable State authority in such other State, the approval of the filing in such other State. (3) Nothing in subsection (b)(6)(E) or the preceding provisions of this subsection shall be construed, with respect to health insurance issuers or health insurance coverage, to supersede or impair the law of any State— (A) providing solvency standards or similar standards regarding the adequacy of insurer capital, surplus, reserves, or contributions, or (B) relating to prompt payment of claims. (4) For additional provisions relating to association health plans, see subsections (a)(2)(B) and (b) of section 805. (5) For purposes of this subsection, the term association health plan has the meaning provided in section 801(a), and the terms health insurance coverage , participating employer , and health insurance issuer have the meanings provided such terms in section 812, respectively. . (3) Section 514(b)(6)(A) of such Act ( 29 U.S.C. 1144(b)(6)(A) ) is amended— (A) in clause (i)(II), by striking and at the end; (B) in clause (ii), by inserting and which does not provide medical care (within the meaning of section 733(a)(2)), after arrangement, , and by striking title. and inserting title, and ; and (C) by adding at the end the following new clause: (iii) subject to subparagraph (E), in the case of any other employee welfare benefit plan which is a multiple employer welfare arrangement and which provides medical care (within the meaning of section 733(a)(2)), any law of any State which regulates insurance may apply. . (4) Section 514(d) of such Act ( 29 U.S.C. 1144(d) ) is amended— (A) by striking Nothing and inserting (1) Except as provided in paragraph (2), nothing ; and (B) by adding at the end the following new paragraph: (2) Nothing in any other provision of law enacted on or after the date of the enactment of this paragraph shall be construed to alter, amend, modify, invalidate, impair, or supersede any provision of this title, except by specific cross-reference to the affected section. . (c) Plan Sponsor Section 3(16)(B) of such Act ( 29 U.S.C. 102(16)(B) ) is amended by adding at the end the following new sentence: Such term also includes a person serving as the sponsor of an association health plan under part 8. . (d) Disclosure of Solvency Protections Related to Self-Insured and Fully Insured Options Under Association Health Plans Section 102(b) of such Act ( 29 U.S.C. 102(b) ) is amended by adding at the end the following: An association health plan shall include in its summary plan description, in connection with each benefit option, a description of the form of solvency or guarantee fund protection secured pursuant to this Act or applicable State law, if any. . (e) Savings Clause Section 731(c) of such Act is amended by inserting or part 8 after this part . (f) Report to the Congress Regarding Certification of Self-Insured Association Health Plans Not later than January 1, 2014, the Secretary of Labor shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the effect association health plans have had, if any, on reducing the number of uninsured individuals. (g) 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 734 the following new items: Part 8—Rules Governing Association Health Plans 801. Association health plans. 802. Certification of association health plans. 803. Requirements relating to sponsors and boards of trustees. 804. Participation and coverage requirements. 805. Other requirements relating to plan documents, contribution rates, and benefit options. 806. Maintenance of reserves and provisions for solvency for plans providing health benefits in addition to health insurance coverage. 807. Requirements for application and related requirements. 808. Notice requirements for voluntary termination. 809. Corrective actions and mandatory termination. 810. Trusteeship by the Secretary of insolvent association health plans providing health benefits in addition to health insurance coverage. 811. State assessment authority. 812. Definitions and rules of construction. . 452. Clarification of treatment of single employer arrangements Section 3(40)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(40)(B) ) is amended— (1) in clause (i), by inserting after control group, the following: except that, in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), two or more trades or businesses, whether or not incorporated, shall be deemed a single employer for any plan year of such plan, or any fiscal year of such other arrangement, if such trades or businesses are within the same control group during such year or at any time during the preceding 1-year period, ; (2) in clause (iii), by striking (iii) the determination and inserting the following: (iii) (I) in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), the determination of whether a trade or business is under common control with another trade or business shall be determined under regulations of the Secretary applying principles consistent and coextensive with the principles applied in determining whether employees of two or more trades or businesses are treated as employed by a single employer under section 4001(b), except that, for purposes of this paragraph, an interest of greater than 25 percent may not be required as the minimum interest necessary for common control, or (II) in any other case, the determination ; (3) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (4) by inserting after clause (iii) the following new clause: (iv) in any case in which the benefit referred to in subparagraph (A) consists of medical care (as defined in section 812(a)(2)), in determining, after the application of clause (i), whether benefits are provided to employees of two or more employers, the arrangement shall be treated as having only one participating employer if, after the application of clause (i), the number of individuals who are employees and former employees of any one participating employer and who are covered under the arrangement is greater than 75 percent of the aggregate number of all individuals who are employees or former employees of participating employers and who are covered under the arrangement, . 453. Enforcement provisions relating to association health plans (a) Criminal Penalties for Certain Willful Misrepresentations Section 501 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 ) is amended by adding at the end the following new subsection: (c) Any person who willfully falsely represents, to any employee, any employee’s beneficiary, any employer, the Secretary, or any State, a plan or other arrangement established or maintained for the purpose of offering or providing any benefit described in section 3(1) to employees or their beneficiaries as— (1) being an association health plan which has been certified under part 8; (2) having been established or maintained under or pursuant to one or more collective bargaining agreements which are reached pursuant to collective bargaining described in section 8(d) of the National Labor Relations Act ( 29 U.S.C. 158(d) ) or paragraph Fourth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 , paragraph Fourth) or which are reached pursuant to labor-management negotiations under similar provisions of State public employee relations laws; or (3) being a plan or arrangement described in section 3(40)(A)(i), shall, upon conviction, be imprisoned not more than 5 years, be fined under title 18, United States Code, or both. . (b) Cease Activities Orders Section 502 of such Act ( 29 U.S.C. 1132 ) is amended by adding at the end the following new subsection: (n) Association Health Plan Cease and Desist Orders (1) In general Subject to paragraph (2), upon application by the Secretary showing the operation, promotion, or marketing of an association health plan (or similar arrangement providing benefits consisting of medical care (as defined in section 733(a)(2))) that— (A) is not certified under part 8, is subject under section 514(b)(6) to the insurance laws of any State in which the plan or arrangement offers or provides benefits, and is not licensed, registered, or otherwise approved under the insurance laws of such State; or (B) is an association health plan certified under part 8 and is not operating in accordance with the requirements under part 8 for such certification, a district court of the United States shall enter an order requiring that the plan or arrangement cease activities. (2) Exception Paragraph (1) shall not apply in the case of an association health plan or other arrangement if the plan or arrangement shows that— (A) all benefits under it referred to in paragraph (1) consist of health insurance coverage; and (B) with respect to each State in which the plan or arrangement offers or provides benefits, the plan or arrangement is operating in accordance with applicable State laws that are not superseded under section 514. (3) Additional equitable relief The court may grant such additional equitable relief, including any relief available under this title, as it deems necessary to protect the interests of the public and of persons having claims for benefits against the plan. . (c) Responsibility for Claims Procedure Section 503 of such Act ( 29 U.S.C. 1133 ) is amended by inserting (a) In general .— before In accordance , and by adding at the end the following new subsection: (b) Association Health Plans The terms of each association health plan which is or has been certified under part 8 shall require the board of trustees or the named fiduciary (as applicable) to ensure that the requirements of this section are met in connection with claims filed under the plan. . 454. Cooperation between Federal and State authorities Section 506 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1136 ) is amended by adding at the end the following new subsection: (d) Consultation With States With Respect to Association Health Plans (1) Agreements with states The Secretary shall consult with the State recognized under paragraph (2) with respect to an association health plan regarding the exercise of— (A) the Secretary’s authority under sections 502 and 504 to enforce the requirements for certification under part 8; and (B) the Secretary’s authority to certify association health plans under part 8 in accordance with regulations of the Secretary applicable to certification under part 8. (2) Recognition of primary domicile state In carrying out paragraph (1), the Secretary shall ensure that only one State will be recognized, with respect to any particular association health plan, as the State with which consultation is required. In carrying out this paragraph— (A) in the case of a plan which provides health insurance coverage (as defined in section 812(a)(3)), such State shall be the State with which filing and approval of a policy type offered by the plan was initially obtained, and (B) in any other case, the Secretary shall take into account the places of residence of the participants and beneficiaries under the plan and the State in which the trust is maintained. . 455. Effective date and transitional and other rules (a) Effective Date The amendments made by this subtitle shall take effect 1 year after the date of the enactment of this Act. The Secretary of Labor shall first issue all regulations necessary to carry out the amendments made by this subtitle within 1 year after the date of the enactment of this Act. (b) Treatment of Certain Existing Health Benefits Programs (1) In general In any case in which, as of the date of the enactment of this Act, an arrangement is maintained in a State for the purpose of providing benefits consisting of medical care for the employees and beneficiaries of its participating employers, at least 200 participating employers make contributions to such arrangement, such arrangement has been in existence for at least 10 years, and such arrangement is licensed under the laws of one or more States to provide such benefits to its participating employers, upon the filing with the applicable authority (as defined in section 812(a)(5) of the Employee Retirement Income Security Act of 1974 (as amended by this subtitle)) by the arrangement of an application for certification of the arrangement under part 8 of subtitle B of title I of such Act— (A) such arrangement shall be deemed to be a group health plan for purposes of title I of such Act; (B) the requirements of sections 801(a) and 803(a) of the Employee Retirement Income Security Act of 1974 shall be deemed met with respect to such arrangement; (C) the requirements of section 803(b) of such Act shall be deemed met, if the arrangement is operated by a board of directors which— (i) is elected by the participating employers, with each employer having one vote; and (ii) has complete fiscal control over the arrangement and which is responsible for all operations of the arrangement; (D) the requirements of section 804(a) of such Act shall be deemed met with respect to such arrangement; and (E) the arrangement may be certified by any applicable authority with respect to its operations in any State only if it operates in such State on the date of certification. The provisions of this subsection shall cease to apply with respect to any such arrangement at such time after the date of the enactment of this Act as the applicable requirements of this subsection are not met with respect to such arrangement. (2) Definitions For purposes of this subsection, the terms group health plan , medical care , and participating employer shall have the meanings provided in section 812 of the Employee Retirement Income Security Act of 1974 , except that the reference in paragraph (7) of such section to an association health plan shall be deemed a reference to an arrangement referred to in this subsection. V Reforming Medical Liability Law 501. Encouraging speedy resolution of claims The time for the commencement of a health care lawsuit shall be 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. In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of manifestation of injury unless tolled for any of the following— (1) upon proof of fraud; (2) intentional concealment; or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that actions by a minor under the full age of 6 years shall be commenced within 3 years of manifestation of injury or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors 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 injured minor. 502. Compensating patient injury (a) Unlimited Amount of Damages for Actual Economic Losses in Health Care Lawsuits In any health care lawsuit, nothing in this subtitle shall limit a claimant’s recovery of the full amount of the available economic damages, notwithstanding the limitation in subsection (b) . (b) Additional Noneconomic Damages In any health care lawsuit, the amount of noneconomic damages, if available, may be as much as $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury. (c) No Discount of Award for Noneconomic Damages For purposes of applying the limitation in subsection (b) , future noneconomic damages shall not be discounted to present value. The jury shall not be informed about the maximum award for noneconomic damages. An award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law. If separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages shall be reduced first. (d) Fair Share Rule In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility. Whenever a judgment of liability is rendered as to any party, a separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this section, the trier of fact shall determine the proportion of responsibility of each party for the claimant’s harm. 503. Maximizing patient recovery (a) Court Supervision of Share of Damages Actually Paid to Claimants In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. In particular, in any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant’s damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity. In no event shall the total of all contingent fees for representing all claimants in a health care lawsuit exceed the following limits: (1) Forty percent of the first $50,000 recovered by the claimant(s). (2) Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s). (3) Twenty-five percent of the next $500,000 recovered by the claimant(s). (4) Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000. (b) Applicability The limitations in this section shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution. In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this section. The requirement for court supervision in the first two sentences of subsection (a) applies only in civil actions. 504. Punitive damages (a) In General Punitive damages may, if otherwise permitted by applicable State or Federal law, be awarded against any person in a health care lawsuit only if it is proven by clear and convincing evidence that such person acted with malicious intent to injure the claimant, or that such person deliberately failed to avoid unnecessary injury that such person knew the claimant was substantially certain to suffer. In any health care lawsuit where no judgment for compensatory damages is rendered against such person, no punitive damages may be awarded with respect to the claim in such lawsuit. No demand for punitive damages shall be included in a health care lawsuit as initially filed. A court may allow a claimant to file an amended pleading for punitive damages only upon a motion by the claimant and after a finding by the court, upon review of supporting and opposing affidavits or after a hearing, after weighing the evidence, that the claimant has established by a substantial probability that the claimant will prevail on the claim for punitive damages. At the request of any party in a health care lawsuit, the trier of fact shall consider in a separate proceeding— (1) whether punitive damages are to be awarded and the amount of such award; and (2) the amount of punitive damages following a determination of punitive liability. If a separate proceeding is requested, evidence relevant only to the claim for punitive damages, as determined by applicable State law, shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded. (b) Determining Amount of Punitive Damages (1) Factors considered In determining the amount of punitive damages, if awarded, in a health care lawsuit, the trier of fact shall consider only the following— (A) the severity of the harm caused by the conduct of such party; (B) the duration of the conduct or any concealment of it by such party; (C) the profitability of the conduct to such party; (D) the number of products sold or medical procedures rendered for compensation, as the case may be, by such party, of the kind causing the harm complained of by the claimant; (E) any criminal penalties imposed on such party, as a result of the conduct complained of by the claimant; and (F) the amount of any civil fines assessed against such party as a result of the conduct complained of by the claimant. (2) Maximum award The amount of punitive damages, if awarded, in a health care lawsuit may be as much as $250,000 or as much as two times the amount of economic damages awarded, whichever is greater. The jury shall not be informed of this limitation. (c) No Punitive Damages for Products That Comply With FDA Standards (1) In general (A) No punitive damages may be awarded against the manufacturer or distributor of a medical product, or a supplier of any component or raw material of such medical product, based on a claim that such product caused the claimant’s harm where— (i) (I) such medical product was subject to premarket approval, clearance, or licensure by the Food and Drug Administration with respect to the safety of the formulation or performance of the aspect of such medical product which caused the claimant’s harm or the adequacy of the packaging or labeling of such medical product; and (II) such medical product was so approved, cleared, or licensed; or (ii) such medical product is generally recognized among qualified experts as safe and effective pursuant to conditions established by the Food and Drug Administration and applicable Food and Drug Administration regulations, including without limitation those related to packaging and labeling, unless the Food and Drug Administration has determined that such medical product was not manufactured or distributed in substantial compliance with applicable Food and Drug Administration statutes and regulations. (B) Rule of construction Subparagraph (A) may not be construed as establishing the obligation of the Food and Drug Administration to demonstrate affirmatively that a manufacturer, distributor, or supplier referred to in such subparagraph meets any of the conditions described in such subparagraph. (2) Liability of health care providers A health care provider who prescribes, or who dispenses pursuant to a prescription, a medical product approved, licensed, or cleared by the Food and Drug Administration shall not be named as a party to a product liability lawsuit involving such product and shall not be liable to a claimant in a class action lawsuit against the manufacturer, distributor, or seller of such product. Nothing in this paragraph prevents a court from consolidating cases involving health care providers and cases involving products liability claims against the manufacturer, distributor, or product seller of such medical product. (3) Packaging In a health care lawsuit for harm which is alleged to relate to the adequacy of the packaging or labeling of a drug which is required to have tamper-resistant packaging under regulations of the Secretary of Health and Human Services (including labeling regulations related to such packaging), the manufacturer or product seller of the drug shall not be held liable for punitive damages unless such packaging or labeling is found by the trier of fact by clear and convincing evidence to be substantially out of compliance with such regulations. (4) Exception Paragraph (1) shall not apply in any health care lawsuit in which— (A) a person, before or after premarket approval, clearance, or licensure of such medical product, knowingly misrepresented to or withheld from the Food and Drug Administration information that is required to be submitted under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) that is material and is causally related to the harm which the claimant allegedly suffered; or (B) a person made an illegal payment to an official of the Food and Drug Administration for the purpose of either securing or maintaining approval, clearance, or licensure of such medical product. 505. Authorization of payment of future damages to claimants in health care lawsuits (a) In General In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws. (b) Applicability This section applies to all actions which have not been first set for trial or retrial before the effective date of this Act. 506. Definitions In this subtitle: (1) Alternative dispute resolution system; ADR The term alternative dispute resolution system or ADR means a system that provides for the resolution of health care lawsuits in a manner other than through a civil action brought in a State or Federal court. (2) 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. (3) Compensatory damages The term compensatory damages means objectively verifiable monetary losses incurred as a result of the provision 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 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 or nature. The term compensatory damages includes economic damages and noneconomic damages, as such terms are defined in this section. (4) Contingent fee The term contingent fee includes all compensation to any person or persons which is payable only if a recovery is effected on behalf of one or more claimants. (5) Economic damages The term economic damages means objectively verifiable monetary losses incurred as a result of the provision 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. (6) Health care lawsuit The term health care lawsuit means any health care liability claim concerning the provision of health care goods or services or any medical product affecting interstate commerce, or any health care liability action concerning the provision of health care goods 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. Except for the purposes of sections 501, 502(d), 503, and 505(a), such term does not include a claim or action which is based on intentional denial of medical treatment that a patient is otherwise qualified to receive with the intent of causing or hastening the patient’s death against the wishes of the patient, or, if the patient is incompetent, against the wishes of the individual or individuals authorized to make health care decisions on behalf of the patient. (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 ADR, against a health care provider, health care organization, or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, including, but not limited to, 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 goods or services The term health care goods or services means any goods 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 goods 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 and emotional pain, suffering, inconvenience, 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 or nature. (15) 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 noneconomic damages. (16) Recovery The term recovery means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorneys’ office overhead costs or charges for legal services are not deductible disbursements or costs for such purpose. (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. 507. Effect on other laws (a) Vaccine Injury (1) To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death— (A) this subtitle does not affect the application of the rule of law to such an action; and (B) any rule of law prescribed by this subtitle in conflict with a rule of law of such title XXI shall not apply to such action. (2) If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this subtitle or otherwise applicable law (as determined under this subtitle) will apply to such aspect of such action. (b) Other Federal Law Except as provided in this section, nothing in this subtitle shall be deemed to affect any defense available to a defendant in a health care lawsuit or action under any other provision of Federal law. 508. State flexibility and protection of States’ rights (a) Health Care Lawsuits The provisions governing health care lawsuits set forth in this subtitle preempt, subject to subsections (b) and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this subtitle. The provisions governing health care lawsuits set forth in this subtitle supersede chapter 171 of title 28, United States Code, to the extent that such chapter— (1) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this subtitle; or (2) prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits. (b) Protection of States’ Rights and Other Laws (1) Any issue that is not governed by any provision of law established by or under this subtitle (including State standards of negligence) shall be governed by otherwise applicable State or Federal law. (2) This subtitle shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided by this subtitle or create a cause of action. (c) State Flexibility No provision of this subtitle shall be construed to preempt— (1) any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of compensatory or punitive damages (or the total amount of damages) that may be awarded in a health care lawsuit, regardless of whether such monetary amount is greater or lesser than is provided for under this subtitle, notwithstanding section 4(a) ; or (2) any defense available to a party in a health care lawsuit under any other provision of State or Federal law. 509. Applicability; effective date This subtitle shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this Act, except that any health care lawsuit arising from an injury occurring prior to the date of the enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred. VI Respecting Human Life 601. Special rules regarding abortion (a) Prohibition on abortion mandates Nothing in this Act (or any amendment made by this Act) shall be construed to require any health plan (including any high risk pool described in section 311) to provide coverage of or access to abortion services or to allow the Secretary of the Treasury, the Secretary of Labor, the Secretary of Health and Human Services, or any other Federal or non-Federal person or entity in implementing this Act (or amendment) to require coverage of, or access to, abortion services. (b) Limitation on abortion funding (1) In general No funds authorized or appropriated by this Act (or an amendment made by this Act) may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion (including a high risk pool described in section 311), except— (A) if the pregnancy is the result of an act of rape or incest; or (B) in the case where a pregnant female suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the female in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (2) Option to purchase separate coverage or plan Nothing in this subsection shall be construed as prohibiting any non-Federal entity (including an individual or a State or local government) from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as such coverage or plan is paid for entirely using only funds not authorized or appropriated by this Act. (3) Option to offer coverage or plan Nothing in this subsection shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions for which funding is prohibited under this subsection, or a health plan that includes such abortions, so long as— (A) premiums for such separate coverage or plan are paid for entirely with funds not authorized or appropriated by this Act; and (B) administrative costs and all services offered through such coverage or plan are paid for using only premiums collected for such coverage or plan. (4) Administrative expenses No funds authorized or appropriated by this Act shall be available to pay for administrative expenses in connection with any health plan (including an Association Health Plan that has entered into trusteeship) which provides any benefits or coverage for abortions except where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. (c) No preemption of State laws Nothing in this Act (or an amendment made by this Act) shall be construed to preempt or otherwise have any effect on State laws protecting conscience rights, restricting or prohibiting abortion or coverage or funding of abortion (including State laws opting out of abortion coverage pursuant to section 1303 of the Patient Protection and Affordable Care Act, Public Law 111–148 ), as in effect before the date of the enactment of this Act, or establishing procedural requirements on abortions, including parental notification or consent for the performance of an abortion on a minor.

https://www.govinfo.gov/content/pkg/BILLS-113hr3121ih/xml/BILLS-113hr3121ih.xml

113-hr-3122

I 113th CONGRESS 1st Session H. R. 3122 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to promote student physical health and well-being, nutrition, and fitness, and for other purposes. 1. Short title This Act may be cited as the Successful, Safe, and Healthy Students Act of 2013 . 2. Successful, safe, and healthy students Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following new part: D Successful, safe, and healthy students 4401. Purpose The purpose of this part is to assist States and local educational agencies in developing and implementing comprehensive programs and strategies to foster positive conditions for learning in public schools, in order to increase academic achievement for all students through the provision of Federal assistance to States for the— (1) promotion of student physical health and well-being, nutrition, and fitness; (2) promotion of student mental health and well-being; (3) prevention of school violence, harassment, and substance abuse among students; and (4) promotion of safe and supportive schools. 4402. Definitions In this part: (1) Child and adolescent psychiatrist The term child and adolescent psychiatrist means an individual who— (A) possesses State medical licensure; and (B) has completed residency training programs in both general psychiatry and child and adolescent psychiatry. (2) Conditions for learning The term conditions for learning means conditions that— (A) advance student achievement and positive child and youth development by proactively supporting schools; (B) are applied in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel; (C) promote physical, mental, and emotional health; (D) ensure physical and emotional safety for students and staff; (E) promote social, emotional, and character development; and (F) have the following attributes: (i) Provide opportunities for physical activity, good nutrition, and healthy living. (ii) Prevent the use and abuse of drugs. (iii) Ensure that the school environments described in subparagraph (B) are— (I) free of weapons; and (II) free of harassment, abuse, dating violence, and all other forms of interpersonal aggression or violence. (iv) Do not condone or tolerate unhealthy or harmful behaviors, including discrimination of any kind. (v) Help staff and students to model positive social and emotional skills, including tolerance and respect for others. (vi) Promote concern for the well-being of students, including through the presence of caring adults. (vii) Ensure that the adults employed by the school— (I) have high expectations for student conduct, character, and academic achievement and the capacity to establish supportive relationships with students; and (II) are provided specialized training specific to the students’ stages of development. (viii) Engage families and community members with the school in meaningful and sustained ways, such as through case management services, to promote positive student academic achievement, developmental, and social growth, including non-cognitive skill development. (ix) To the extent practicable, provide access to school nurses, school counselors, and school social workers for the promotion of student physical health, mental health, and well-being. (3) Controlled substance The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (4) Drug The term drug includes— (A) a controlled substance; (B) with respect to alcohol and tobacco, the illegal use of such substances; and (C) with respect to inhalants and anabolic steroids, the harmful, abusive, or addictive use of such substances. (5) Drug and violence prevention The term drug and violence prevention means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the abuse and illegal use of drugs, in order to— (i) raise awareness about the costs and consequences of drug use and abuse; (ii) change attitudes, perceptions, and social norms about the dangers and acceptability of alcohol, tobacco, and drugs; and (iii) reduce access to and use of alcohol, tobacco, and drugs; and (B) with respect to violence, the promotion of school safety in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel, through the creation and maintenance of a school environment that— (i) is free of— (I) weapons; (II) violent and disruptive acts; (III) harassment; (IV) sexual harassment, dating violence, and abuse; and (V) victimization associated with prejudice and intolerance; (ii) fosters individual responsibility and respect for the rights and dignity of others; (iii) employs positive, preventative approaches to school discipline, such as schoolwide positive behavior supports and interventions and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disparities among the subgroups of students described in section 1116(b)(1)(B); and (iv) demonstrates preparedness and readiness to respond to, and recover from, incidents of school violence. (6) Eligible local applicant The term eligible local applicant means— (A) a local educational agency; (B) a consortium of local educational agencies; or (C) a nonprofit organization that has a track record of success in implementing the activities proposed in the grant application and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies that the organization will, upon receipt of a subgrant under this part— (i) implement school-based activities and programs described in section 4404(i)(1)(A)(iii) in 1 or more schools served by the local educational agency or consortium; and (ii) conduct school-level measurement of conditions for learning that are consistent with the State's conditions for learning measurement system under section 4404(h). (7) Harassment The term harassment means conduct, including bullying, that— (A) is sufficiently severe, persistent, or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, and communications made available through electronic means; and (B) is based on— (i) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; (ii) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or (iii) any other distinguishing characteristics that may be enumerated by a State or local educational agency. (8) Other qualified psychologist The term other qualified psychologist means an individual who has demonstrated competence in counseling children in a school setting and who— (A) is licensed in psychology by the State in which the individual works; and (B) practices in the scope of the individual's education, training, and experience with children in school settings. (9) Physical education indicators The term physical education indicators means a set of measures for instruction on physical activity, health-related fitness, physical competence, and cognitive understanding about physical activity. Such indicators shall include— (A) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the average number of minutes per week (averaged over the school year) that all students spend in required physical education, and the average number of minutes per week (averaged over the school year) that all students engage in moderate to vigorous physical activity, as measured against established recommended guidelines of the Centers for Disease Control and Prevention and the Department of Health and Human Services; (B) for the State, the percentage of local educational agencies that have a required, age-appropriate physical education curriculum that adheres to Centers for Disease Control and Prevention guidelines and State standards; (C) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the percentage of elementary school and secondary school physical education teachers who are licensed or certified in the State to teach physical education; (D) for the State, and for each local educational agency in the State, the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach physical education and adapted physical education in the State; (E) for each school in the State, the number of indoor square feet and the number of outdoor square feet used primarily for physical education; and (F) for the State, the percentage of local educational agencies that have a school wellness council that— (i) includes members appointed by the local educational agency superintendent; (ii) may include parents, students, representatives of the school food authority, representatives of the school board, school administrators, school nurses, and members of the public; and (iii) meets regularly to promote a healthy school environment. (10) Prescription drug The term prescription drug means a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g)(1) ) that is described in section 503(b)(1) of such Act ( 21 U.S.C. 353(b)(1) )). (11) Programs to promote mental health The term programs to promote mental health means programs that— (A) develop students’ social and emotional competencies; (B) link students with local mental health systems by— (i) enhancing, improving, or developing collaborative efforts between school-based service systems and mental health service systems to provide, enhance, or improve prevention, diagnosis, and treatment services to students, and to improve student social and emotional competencies; (ii) enhancing the availability of— (I) crisis intervention services; (II) appropriate referrals for students potentially in need of mental health services, including suicide prevention; and (III) ongoing mental health services; and (iii) providing services that establish or expand school counseling and mental health programs that— (I) are comprehensive in addressing the counseling, social, emotional, behavioral, mental health, and educational needs of all students; (II) use a developmental, preventive approach to counseling and mental health services; (III) are linguistically appropriate and culturally responsive; (IV) increase the range, availability, quantity, and quality of counseling and mental health services in the elementary schools and secondary schools of the local educational agency; (V) expand counseling and mental health services through— (aa) school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health or mental health professionals, such as school nurses; and (bb) school-based mental health services partnership programs; (VI) use innovative approaches to— (aa) increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning; or (bb) improve peer interaction; (VII) provide counseling and mental health services in settings that meet the range of student needs; (VIII) include professional development appropriate to the activities covered in this paragraph for teachers, school leaders, instructional staff, and appropriate school personnel, including training in appropriate identification and early intervention techniques by school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health professionals, such as school nurses; (IX) ensure a team approach to school counseling and mental health services in the schools served by the local educational agency; (X) demonstrate that the local educational agency is working toward— (aa) a 1:250 ratio of school counselors to students, as recommended by the American School Counselor Association; (bb) a 1:250 ratio of school social workers to students, as recommended by the School Social Work Association of America; (cc) a 1:700 ratio of school psychologists to students, as recommended by the National Association of School Psychologists; and (dd) a 1:750 ratio of school nurses to students in the general population, a 1:225 ratio for students requiring daily professional school nursing services, and a 1:125 ratio for students with complex needs, as recommended by the National Association of School Nurses; and (XI) ensure that school counselors, school psychologists, other qualified psychologists, school social workers, or child and adolescent psychiatrists paid from funds made available under the programs spend a majority of their time counseling or providing mental health services to students or in other activities directly related to counseling or providing such services; (C) provide training for the school personnel, health professionals (such as school nurses), and mental health professionals who will participate in the programs; and (D) provide technical assistance and consultation to school systems, mental health agencies, and families participating in the programs. (12) Programs to promote physical activity, education, and fitness, and nutrition The term programs to promote physical activity, education, and fitness, and nutrition means programs that— (A) increase and enable active student participation in physical well-being activities and provide teacher and school leader professional development to encourage and increase such participation; (B) are comprehensive in nature; (C) include opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education; and (D) include 1 or more of the following activities: (i) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (ii) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, social, and emotional development of every student. (iii) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (iv) Opportunities to develop positive social and cooperative skills through physical activity. (v) Instruction in healthy eating habits and good nutrition. (13) School-based mental health services partnership program The term school-based mental health services partnership program means a program that— (A) includes a public or private mental health entity or health care entity and may include a child welfare agency, family-based mental health entity, family organization, trauma network, or other community-based entity; (B) provides comprehensive school-based mental health services and supports; (C) provides comprehensive staff development for school and community service personnel working in the school; (D) includes the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (E) provides for the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (F) includes the development and implementation of programs to assist children in dealing with trauma and violence; (G) includes the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (H) is based on trauma-informed and evidence-based practices; (I) is coordinated, where appropriate, with early intervening services carried out under the Individuals with Disabilities Education Act; and (J) is provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (14) School counselor The term school counselor means an individual who has documented competence in counseling children and adolescents in a school setting and who— (A) is licensed by the State or certified by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (15) School health indicators The term school health indicators means a set of measurements for determining the number of students seen in the school health office with, or for, social and emotional disturbances, abuse and neglect, substance use disorders, acute and chronic illness, and oral and visual health issues, (to the extent the school health office has applicable information), and the number of student deaths on school property, if any. (16) School nurse The term school nurse means a graduate of an accredited school of nursing program who is licensed by the State as a registered nurse. (17) School psychologist The term school psychologist means an individual who— (A) has completed a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are in the school setting; (B) is licensed or certified in school psychology by the State in which the individual works; or (C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. (18) School social worker The term school social worker means an individual who— (A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and (B) (i) is licensed or certified by the State in which services are provided; or (ii) in the absence of such State licensure or certification, possesses a national credential or certification as a school social work specialist granted by an independent professional organization. 4403. Allocation of funds From amounts made available to carry out this part, the Secretary shall allocate— (1) in each year for which funding is made available to carry out this part, not more than 2 percent of such amounts for technical assistance and evaluation; (2) for the first 3 years for which funding is made available to carry out this part— (A) except as provided in subparagraph (B)— (i) not more than 30 percent of such amounts or $30,000,000, whichever amount is more, for State conditions for learning measurement systems grants, distributed to every State (by an application process consistent with section 4404(d)) in an amount proportional to each State’s share of funding under part A of title I, to develop or improve the State’s conditions for learning measurement system described in section 4404(h), and to conduct a needs analysis to meet the requirements of section 4404(d)(2)(D); and (ii) not more than 68 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404; and (B) for any fiscal year for which the amount remaining available after funds are reserved under paragraph (1) is less than $30,000,000, all of such remainder for the State conditions for learning measurement systems grants described in subparagraph (A)(i); and (3) for the fourth year and each subsequent year for which funding is made available to carry out this part, not less than 98 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404. 4404. Successful, safe, and healthy students State grants (a) Purpose The purpose of this section is to provide funding to eligible States to implement comprehensive programs that— (1) address conditions for learning in schools in the State; and (2) are based on— (A) scientifically valid research; and (B) an analysis of need that considers, at a minimum, the indicators in the State's conditions for learning measurement system described in subsection (h). (b) State grants (1) In general From amounts allocated under section 4403 for Successful, Safe, and Healthy Students State Grants, the Secretary shall award grants to eligible States to carry out the purpose of this section. (2) Awards to States (A) Formula grants Except as provided in subparagraph (B), if the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is $500,000,000 or greater, the Secretary shall allot to each State that meets the eligibility requirements of subsection (c) with an approved application an amount that bears the same relationship to such total amount as the amount received under part A of title I by such eligible State for the preceding fiscal year bears to the amount received under such part for the preceding fiscal year by all eligible States. (B) Minimum State allotment (i) In general No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph for such fiscal year. (C) Competitive grants (i) In general If the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is less than $500,000,000, the Secretary shall award grants under this section to States that meet the eligibility requirements of subsection (c) on a competitive basis. (ii) Sufficient size and scope In awarding grants on a competitive basis pursuant to clause (i), the Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section. (c) Eligibility To be eligible to receive a grant under this section, a State shall demonstrate to the Secretary that the State has— (1) established a statewide physical education requirement that is consistent with widely recognized standards; and (2) required all local educational agencies in the State to— (A) establish policies that prevent and prohibit harassment in schools; and (B) provide— (i) annual notice to parents, students, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and (ii) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including— (I) the name of the local educational agency official who is designated as responsible for receiving such complaints; and (II) timelines that the local educational agency will follow in the resolution of such complaints. (d) Applications (1) In general A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Content of application At a minimum, the application shall include— (A) documentation of the State’s eligibility to receive a grant under this section, as described in subsection (c); (B) an assurance that the policies used to prohibit harassment in schools that are required under subsection (c)(2)(A) emphasize alternatives to school suspension that minimize students’ removal from grade-level instruction, promote mental health, and only allow out-of-school punishments in severe or persistent cases; (C) a plan for improving conditions for learning in schools in the State in a manner consistent with the requirements of this part that may be a part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this part; (D) a needs analysis of the conditions for learning in schools in the State, which— (i) shall include a description of, and data measuring, the State's conditions for learning; and (ii) may be a part of a broader statewide child and youth needs analysis, if such an analysis exists and is consistent with the requirements of this part; (E) a description of how the activities the State proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph (D); and (F) a description of how the State will— (i) develop, adopt, adapt, or improve and implement the State’s conditions for learning measurement system and how the State will ensure that all local educational agencies and schools in the State participate in such system; (ii) ensure the quality and validity of the State’s conditions for learning data collection, including the State’s plan for survey administration as required under subsection (h)(2)(A) and for ensuring the reliability and validity of survey instruments; (iii) coordinate the proposed activities with other Federal and State programs, including programs funded under this part, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out activities described in this part; (iv) assist local educational agencies to align activities with funds the agencies receive under the program with other funding sources in order to support a coherent and nonduplicative program; (v) solicit and approve subgrant applications, including how the State will— (I) allocate funds for statewide activities and subgrants for each year of the grant, consistent with allocation requirements under subsection (i)(2); and (II) consider the results of the needs analysis described in subparagraph (D) in the State’s distribution of subgrants; (vi) address the needs of diverse geographic areas in the State, including rural and urban communities; (vii) provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of harassment, including building the capacity of such agencies and schools to educate family and community members regarding the agencies’ and schools’ respective roles in preventing and responding to such incidents; (viii) provide assistance to local educational agencies and schools in their efforts to implement positive, preventative approaches to school discipline, such as schoolwide positive behavior supports and interventions and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disciplinary disparities among the subgroups of students described in section 1116(b)(2)(B); (ix) provide assistance to local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition; and (x) provide assistance to local educational agencies and schools in their efforts to improve access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional qualified under State law to provide mental health services to students in schools. (3) Review process The Secretary shall establish a peer review process to review applications submitted under this subsection. (e) Duration (1) In general A State that receives a grant under this section may receive funding for not more than 5 years in accordance with this subsection. (2) Initial period The Secretary shall award grants under this section for an initial period of not more than 3 years. (3) Grant extension The Secretary may extend a grant awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as determined by the Secretary, against baseline data for the performance metrics established under subsection (j). (f) Reservation and use of funds A State that receives a grant under this section shall— (1) reserve not more than 10 percent of the grant funds for administration of the program, technical assistance, and the development, improvement, and implementation of the State’s conditions for learning measurement system, as described in subsection (h); and (2) use the remainder of grant funds after making the reservation under paragraph (1) to award subgrants, on a competitive basis, to eligible local applicants. (g) Required State activities A State that receives a grant under this section shall— (1) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide conditions for learning measurement system described in subsection (h) (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress in the conditions for learning for every public school in the State; (2) collect information in each year of the grant on the conditions for learning at the school-building level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; (3) collect annual incident data at the school-building level that are accurate and complete; (4) publicly report, at the local educational agency and school level, the data collected in the State’s conditions for learning measurement system, described in subsection (h), each year in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information; (5) use, on a continuous basis, the results of the data collected in the State's conditions for learning measurement system to— (A) identify and address conditions for learning statewide; (B) help subgrantees identify and address school and student needs; and (C) provide individualized assistance to low-performing schools identified under section 1116 and schools with significant conditions for learning weaknesses; (6) encourage local educational agencies to— (A) integrate physical activity, education, and fitness into a range of subjects throughout the school day and locations within schools; (B) encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with wellness and physical activity, education, and fitness expertise; and (C) regularly monitor schools’ efforts in improving wellness and physical activity, education, and fitness understanding and habits among students; (7) encourage local educational agencies to— (A) integrate healthy eating and nutrition education into various times of the school day and locations within schools to encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with nutrition education expertise; and (B) regularly monitor schools’ efforts in improving nutrition understanding and healthy eating among students; (8) encourage local educational agencies to implement programs that expand student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional that are qualified under State law to provide mental health services to students in schools; (9) award subgrants, consistent with subsection (i), to eligible local applicants; and (10) monitor subgrants and provide technical assistance to subgrantees on the implementation of grant activities. (h) Conditions for learning measurement system (1) In general Each State that receives a grant under this part shall establish a State reporting and information system that measures conditions for learning in the State and is part of the State’s system for reporting the data required under section 1111 and part of any State longitudinal data system that links statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems. (2) System activities The State reporting and information system described in paragraph (1) shall— (A) contain, at a minimum, data from valid and reliable surveys of students and staff and the indicators in subparagraph (B) that allow staff at the State, local educational agencies, and schools to examine and improve school-level conditions for learning; (B) collect school-level data on— (i) physical education indicators, as applicable; (ii) individual student attendance and truancy; (iii) in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) by student; (iv) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in disciplinary action in elementary schools and secondary schools in the State; (v) the incidence and prevalence, age of onset, perception of and actual health risk, and perception of social disapproval of drug use and violence, including harassment, by youth and school personnel in schools and communities; (vi) school health indicators, including acute and chronic physical, mental, and emotional health care needs; and (vii) student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional qualified under State law to provide such services to students in schools, including staff-to-student ratios; (C) collect and report data, including, at a minimum, the data described in clauses (ii), (iii), and (v) of subparagraph (B), in the aggregate and disaggregated by the categories of race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such categories by gender and by disability; (D) protect student privacy, consistent with applicable data privacy laws and regulations, including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ); and (E) to the extent practicable, utilize a web-based reporting system. (3) Compiling statistics In compiling the statistics required to measure conditions for learning in the State— (A) the offenses described in paragraph (2)(B)(iv) shall be defined pursuant to the State’s criminal code, and aligned to the extent practicable, with the Federal Bureau of Investigation’s Uniform Crime Reports categories, but shall not identify victims of crimes or persons accused of crimes; and the collected data shall include incident reports by school officials, anonymous student surveys, and anonymous teacher surveys; (B) the performance metrics that are established under subsection (j) shall be collected and the performance on such metrics shall be defined and reported uniformly statewide; (C) the State shall collect, analyze, and use the data under subparagraph (2)(B) at least annually; and (D) grant recipients and subgrant recipients shall use the data for planning and continuous improvement of activities implemented under this part, and may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the conditions for learning). (i) Subgrants (1) In general (A) Awarding of subgrants A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— (i) based on need as identified by— (I) the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State for which the learning measurement system described in subsection (h) is not yet implemented, other data determined appropriate by the State; (ii) that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities; and (iii) to implement programs that— (I) are comprehensive in nature; (II) are based on scientifically valid research; (III) are consistent with achieving the conditions for learning for the State; and (IV) address 1 or more of the uses described in clauses (i) through (iii) of paragraph (2)(A). (B) Assistance A State that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs and interventions. (C) Partnerships allowed An eligible local applicant may apply for a subgrant under this subsection in partnership with 1 or more community-based organizations. (2) Allocation (A) In general In awarding subgrants under this section, each State shall ensure that, for the aggregate of all subgrants awarded by the State— (i) not less than 20 percent of subgrant funds are used to carry out drug and violence prevention; (ii) not less than 20 percent of subgrant funds are used to carry out programs to promote mental health; and (iii) not less than 20 percent of subgrant funds are used to carry out programs to promote physical activity, education, and fitness, and nutrition. (B) Rule of construction Nothing in this paragraph shall be construed to require States, in making subgrants to eligible local applicants, to require the eligible local applicants to use 20 percent of subgrant funds for each of the uses described in clauses (i) through (iii) of subparagraph (A). (3) Applications An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. (4) Priority In awarding subgrants under this subsection, a State shall give priority to applications that— (A) demonstrate the greatest need, according to the results of the State’s conditions for learning surveys described in subsection (h)(2); and (B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or are eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (5) Activities of subgrant recipients Each recipient of a subgrant under this subsection shall, for the duration of the subgrant— (A) carry out activities— (i) the need for which has been identified— (I) at a minimum, through the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State that has not yet implemented the learning measurement system described in subsection (h), through the State's needs analysis described in subsection (d)(2)(D); (ii) that are part of a comprehensive strategy or framework to address such need; and (iii) that include 1 or more of the following— (I) drug and violence prevention; (II) programs to promote mental health; or (III) programs to promote physical activity, education, and fitness, and nutrition; (B) ensure that each framework, intervention, or program selected be based on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective; (C) use school-level data from the State's conditions for learning measurement system described in subsection (h), to inform the implementation and continuous improvement of activities carried out under this part; (D) use data from the statewide conditions for learning measurement system to identify challenges outside of school or off school grounds (including the need for safe passages for students to and from school), and collaborate with 1 or more community-based organization to address such challenges; (E) collect, and report to the State educational agency, data for schools served by the subgrant recipient, in a manner consistent with the State’s conditions for learning measurement system described in subsection (h); (F) establish policies to expand access to quality physical activity opportunities, including local school wellness policies; (G) if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), establish such a school wellness council, which may be part of an existing school council that has the capacity and willingness to address school wellness; (H) engage family members and community-based organizations in the development of conditions for learning surveys, and in the planning, implementation, and review of the subgrant recipient’s efforts under this part; (I) consider and accommodate the unique needs of students with disabilities and English learners in implementing activities; and (J) establish policies to expand access to quality counseling and mental health programs and services. (j) Accountability (1) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this part. (2) Annual report Each State that receives a grant under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the conditions for learning, including progress toward meeting outcomes for the metrics established under paragraph (1). (k) Evaluation From the amount reserved in accordance with section 9601, the Secretary, acting through the Director of the Institute of Education Sciences, shall conduct an evaluation of the impact of the practices funded or disseminated under this section. 4405. Technical assistance From the amount allocated under section 4403(3), the Secretary shall provide technical assistance to applicants, recipients, and subgrant recipients of the programs funded under this part. 4406. Federal and State nondiscrimination laws Nothing in this part shall be construed to invalidate or limit nondiscrimination principles or rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794 and 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). 4407. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. . 3. Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: Part D—Successful, safe, and healthy students Sec. 4401. Purpose. Sec. 4402. Definitions. Sec. 4403. Allocation of funds. Sec. 4404. Successful, safe, and healthy students State grants. Sec. 4405. Technical assistance. Sec. 4406. Federal and State nondiscrimination laws. Sec. 4407. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3122ih/xml/BILLS-113hr3122ih.xml

113-hr-3123

I 113th CONGRESS 1st Session H. R. 3123 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Carson of Indiana (for himself, Mr. Cartwright , Ms. Edwards , Ms. Lee of California , Mr. Lewis , Mr. Meeks , Ms. Norton , and Mr. Rangel ) 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 ensure prompt access to Supplemental Security Income, Social Security disability, and Medicaid benefits for persons released from certain public institutions. 1. Short title This Act may be cited as the Recidivism Reduction Act . 2. Findings The Congress finds as follows: (1) There are an estimated 350,000 mentally ill individuals in State and Federal prisons. (2) According to the Bureau of Justice Statistics, nearly 15 percent of men and 31 percent of women in jails have serious mental illnesses, with female inmates having higher rates of mental health problems than male inmates—State prisons: 73 percent of females and 55 percent of males; local jails: 75 percent of females and 63 percent of males. (3) According to surveys completed by the Bureau of Justice Statistics, 16.3 percent of jail inmates reported they had a mental health condition or an overnight stay in a mental hospital in their lifetime, and 60.5 percent of local jail inmates reported they had symptoms of a mental illness. (4) Access to Federal disability and health care benefits is a critical component of the successful re-entry into the community of indigent individuals with disabilities who are released from jail, prison, juvenile detention, or other correctional facilities. (5) As a matter of public safety, individuals with disabilities released from correctional facilities must be reinstated in the Federal benefit programs that are designed to provide the health services and financial supports on which they rely. (6) Individuals with disabilities who live in extreme poverty and who are too disabled to work after release from correctional facilities require Government supports such as Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or Medicaid to maintain health and to safely transition from correctional facilities into the community. (7) It is the policy of the United States to provide individuals with disabilities assistance in leading healthy and productive lives. (8) On average, mentally ill inmates serve 103.4 months in State prison until their release, as compared to 88.2 months for other inmates. Yet, their SSI benefits terminate after 12 consecutive months of their incarceration. On average, it takes 93 days to reinstate those benefits. (9) Health care benefits are especially important to low-income individuals with disabilities who often cannot afford private market insurance and who are at great risk of incurring exorbitant costs for health care. SSI beneficiaries who lose benefits because of incarceration may also lose Medicaid coverage. (10) Without prompt access to Federal disability benefits on their release, individuals with psychiatric disabilities who come into contact with the criminal justice system often become trapped in many cycles of arrest, release, destitution, deterioration, and re-arrest. (11) Rates for mentally ill offenders are very high. A Bureau of Justice Statistics report found that over 3/4 of mentally ill inmates had been sentenced to time in prison or jail or were on probation at least once before their current sentence. (A) Three-quarters of those returning from prison have a history of substance use disorders. Over 70 percent of prisoners with serious mental illnesses also have a substance use disorder. (B) Among repeat offenders, an estimated 47 percent of State prisoners who had a mental health problem were violent recidivists, compared to 39 percent of State prisoners without a mental problem. (12) Among the mentally ill, 52 percent of State prison inmates, 54 percent of jail inmates, and 49 percent of Federal prison inmates reported 3 or more prior sentences of probation or incarceration. (13) Nearly 1/4 of both State prisoners and jail inmates who had a mental health problem, compared to 1/5 of those without, had been incarcerated on 3 or more prior occasions. (14) Although discharge-planning practices vary considerably, inmates are typically released with no more than a 2-week supply of even crucial medications such as insulin and with no primary care follow-up, so the burden of care falls predominantly on emergency rooms and is financed primarily by the public. 3. Supplemental security income benefits (a) Reinstatement or resumption of benefits on release of inmate from incarceration Section 1631 of the Social Security Act ( 42 U.S.C. 1383 ) is amended by adding at the end the following: (q) (1) (A) (i) Eligibility for benefits under this title shall be reinstated in any case where the Commissioner determines that an individual described in clause (ii) has filed a request for reinstatement meeting the requirements of subparagraph (B)(i) during the period described in clause (iii). Reinstatement of eligibility shall be in accordance with the terms of this paragraph. Notwithstanding the preceding provisions of this clause, eligibility for benefits under this title of an individual who has become an inmate of a jail, prison, penal institution, or correctional facility shall be reinstated automatically upon discharge or release from the institution, without the need to reapply for the benefits, if the period of sentence to the institution does not exceed 90 days. (ii) An individual is described in this clause if— (I) before the month in which the individual files a request for reinstatement— (aa) the individual was eligible for benefits under this title on the basis of disability; and (bb) the individual thereafter was ineligible for such benefits because the individual was an inmate of a jail, prison, penal institution, or correctional facility for a period of 12 or more consecutive months; (II) the individual is blind or disabled, and the individual’s blindness or disability renders the individual unable to perform substantial gainful activity; and (III) the individual meets the nonmedical requirements for eligibility for benefits under this title. (iii) (I) Except as provided in subclause (II), the period prescribed in this clause with respect to an individual is 36 consecutive months beginning with the month following the most recent month for which the individual was ineligible for benefits under this title before the period of ineligibility described in clause (ii)(I)(bb). (II) In the case of an individual who fails to file a reinstatement request within the period described in subclause (I), the Commissioner may extend the period if the Commissioner determines that the individual had good cause for the failure to so file. (B) (i) (I) A request for reinstatement shall be filed on such form, and contain such information, as the Commissioner may prescribe. (II) A request for reinstatement shall include express declarations by the individual stating that the individual meets the requirements specified in subclauses (II) and (III) of subparagraph (A)(ii). (III) A request for reinstatement shall include an express declaration by a health care professional that the individual is blind or disabled. (ii) A request for reinstatement filed in accordance with this paragraph may constitute an application for benefits in the case of any individual who the Commissioner determines is not eligible for reinstated benefits under this paragraph. (C) In determining whether an individual meets the requirement of subparagraph (A)(ii)(II), the provisions of section 1614(a)(4) shall apply. (D) (i) Eligibility for benefits reinstated under this paragraph shall commence with the benefit payable for the month in which— (I) a request for reinstatement is filed; or (II) if the request is filed before the individual is discharged or released from a jail, prison, detention center, or correctional facility, the individual is so discharged or released. (ii) The amount of benefit payable for any month pursuant to the reinstatement of eligibility under this paragraph shall be determined in accordance with the provisions of this title. (E) Whenever an individual’s eligibility for benefits under this title is reinstated under this paragraph, eligibility for the benefits shall be reinstated with respect to the individual’s spouse if the spouse was previously an eligible spouse of the individual under this title and the Commissioner determines that the spouse satisfies all the requirements for eligibility for the benefits except requirements related to the filing of an application. The provisions of subparagraph (D) shall apply to the reinstated eligibility of the spouse to the same extent that they apply to the reinstated eligibility of the individual. (2) For purposes of this subsection, the term benefits under this title includes State supplementary payments made pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93–66 . . (b) Cooperation of penal institutions in providing notice of pending release of inmate and in assisting soon To be released inmates in having benefits resumed (1) In general Section 1611(e)(1)(I)(i) of such Act ( 42 U.S.C. 1382(e)(1)(I)(i) ) is amended— (A) in subclause (I), by inserting and scheduled release after commencement ; and (B) in subclause (II)— (i) by inserting (other than scheduled release information) before to the Commissioner ; (ii) by inserting (other than scheduled release information) before after 30 days ; and (iii) by inserting except that the Commissioner shall not make a payment under this subclause to an institution if the institution does not furnish scheduled release information at least 30 days before the scheduled release or does not have in place personnel and procedures to inform and assist inmates scheduled to be released in applying to have their benefits under this title resumed before the period. (2) Effective date The amendments made by paragraph (1) shall take effect 1 year after the date of the enactment of this Act. (3) Notice of requirement to furnish information about scheduled release of inmates The Commissioner of Social Security shall notify each institution with which the Commissioner has entered into an agreement under section 1611(e)(1)(I)(i) of the Social Security Act of the payment restriction added by paragraph (1) of this subsection. (c) Notice and training related to pre-Release agreements Section 1611(e)(1)(I) of such Act ( 42 U.S.C. 1382(e)(1)(I) ) is amended by adding at the end the following: (v) The Commissioner shall provide technical support and resources to each State or local institution comprising a jail, prison, penal institution, or correctional facility, and any other State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii) with respect to, and notify each such institution of the availability of, the pre-release agreements provided for in this subparagraph. (vi) Within 6 months after the end of each fiscal year, the Commissioner shall submit to the Congress a written report on the activities conducted pursuant to this subparagraph during the fiscal year. (vii) The Commissioner shall develop model pre-release procedures which States may use to facilitate the goals of this subparagraph. . (d) Effective date Except as provided in subsection (b)(2), the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to benefits payable for months beginning after such date. 4. Social Security benefits (a) Pre-Release procedures for disabled prisoners and other individuals (1) In general Section 202(x) of the Social Security Act ( 42 U.S.C. 402(x) ) is amended by adding at the end the following: (4) The Commissioner shall develop a system under which an individual whose disability insurance benefits under section 223 or other benefits under this section based on disability have been suspended under this subsection by reason of confinement in an institution comprising a jail, prison, penal institution, or correctional facility, or comprising any other institution a purpose of which is to confine individuals as described in paragraph (1)(A)(ii), can apply for resumption of such benefits prior to cessation of such confinement. . (2) Effective date The Commissioner of Social Security shall implement the system described in section 202(x)(4) of the Social Security Act (as added by this subsection) not later than 180 days after the date of the enactment of this Act. (b) Cooperation of penal institutions in providing notice of pending release of inmate and in assisting soon To be released inmates in having benefits resumed (1) In general Section 202(x)(3)(B)(i) of such Act ( 42 U.S.C. 402(x)(3)(B)(i) ) is amended— (A) in subclause (I), by inserting and scheduled release after commencement ; and (B) in subclause (II)— (i) by inserting (other than scheduled release information) before to the Commissioner ; (ii) by inserting (other than scheduled release information) before after 30 days ; and (iii) by inserting , except that the Commissioner shall not make a payment under this subclause to an institution if the institution does not furnish scheduled release information at least 30 days before the scheduled release or does not have in place personnel and procedures to inform and assist inmates scheduled to be released in applying to have their benefits under this title resumed before the period. (2) Effective date The amendments made by paragraph (1) shall take effect 1 year after the date of the enactment of this Act. (3) Notice of requirement to furnish information about scheduled release of inmates The Commissioner of Social Security shall notify each institution with which the Commissioner has entered into an agreement under section 202(x)(3)(B)(i) of the Social Security Act of the payment restriction added by paragraph (1) of this subsection. (c) Notice and training related to pre-Release agreements Section 202(x)(3)(B) of such Act ( 42 U.S.C. 402(x)(3)(B) ) is amended by adding at the end the following: (v) The Commissioner shall provide technical support and resources to each State or local institution comprising a jail, prison, penal institution, or correctional facility, and any other State or local institution a purpose of which is to confine individuals as described in paragraph (1)(A)(ii) with respect to, and notify each such institution of the availability of, the pre-release agreements provided for in this subparagraph. (vi) Within 6 months after the end of each fiscal year, the Commissioner shall submit to the Congress a written report on the activities conducted pursuant to this subparagraph during the fiscal year. . 5. Medicaid benefits (a) Reinstatement of Medicaid enrollment (1) In general Section 1902(a) of the Social Security Act (42 U.S.C. l396b(a)) is amended— (A) by striking and at the end of paragraph (80); (B) by striking the period at the end of paragraph (81) and inserting ; and ; and (C) by inserting after paragraph (81) the following new paragraph: (82) provide that in the case of any individual enrolled for medical assistance under the State plan immediately before becoming an inmate of a public institution, if the period of sentence to the institution does not exceed 90 days— (A) the enrollment of such individual shall be reinstated automatically upon release from the institution without the need to reapply for such assistance; and (B) any period of continuous eligibility in effect on the date the individual became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the individual was such an inmate. . (2) 5 percentage point increase in FMAP during year after reinstatement after implementation of reinstatement system Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by adding at the end the following: Notwithstanding the first sentence, for calendar quarters beginning after the date a State modifies its computer system described in subsection (a)(3)(A)(i) so that it can easily provide for the reinstatement of medical assistance required under section 1902(a)(82), with respect to items and services furnished to an individual described in such section who loses medical assistance by becoming an inmate of a public institution, the Federal medical assistance percentage otherwise applied shall be increased by 5 percentage points (but in no case shall the Federal medical assistance percentage exceed 100 percent) for medical assistance for items and services furnished during the 1-year period beginning on the date the individual’s eligibility for medical assistance under this title is reinstated under such section after release from the public institution. . (3) Clarification of treatment of certain administrative expenses Nothing in section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) shall be construed as prohibiting or preventing the provision of Federal financial participation under section 1903(a) of such Act ( 42 U.S.C. 1396b(a) ) to States for reasonable administrative costs of determining eligibility status of individuals described in section 1902(a)(82) of such Act, as inserted by paragraph (1). (4) Effective date The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to individuals who are released from being an inmate of a public institution on or after the first day of the first calendar quarter beginning 180 days after the date of the enactment of this Act, except that the Secretary of Health and Human Services shall not undertake any enforcement against a State that fails to meet the requirement of section 1902(a)(82) of the Social Security Act, as inserted by such amendments, until the State has had a reasonable opportunity (of not less than 180 days) to modify its computer system described in section 1903(a)(3)(A)(i) of such Act ( 42 U.S.C. 1396b(a)(3)(A)(i) ) so the system can meet the requirement of such section 1902(a)(82). (b) Authorization of case management services The first sentence of section 1915(g)(1) of the Social Security Act ( 42 U.S.C. 1396n(g)(1) ) is amended by inserting before the period at the end the following: and for the purpose of providing no more than three case management services, without regard to the subdivision (A) following section 1905(a)(29), in order to engage in planning for services following release from a public institution .

https://www.govinfo.gov/content/pkg/BILLS-113hr3123ih/xml/BILLS-113hr3123ih.xml

113-hr-3124

I 113th CONGRESS 1st Session H. R. 3124 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Danny K. Davis of Illinois 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 extend the adoption incentive payments program to incentive payments for foster child exits to reunification, adoption, and guardianship, and for other purposes. 1. Short title This Act may be cited as the Investing in Permanency for Youth in Foster Care Act . 2. Extend the adoption incentive payment program to incentive payments for foster child exits to reunification, adoption, and guardianship (a) In general Section 473A of the Social Security Act ( 42 U.S.C. 673b ) is amended— (1) in the section heading, by striking Adoption and inserting Permanency ; (2) in subsection (a), by striking adoption and inserting permanency ; (3) in subsection (b)— (A) by striking paragraph (2); (B) in paragraph (5), by striking 2008 through 2012 and inserting 2013 through 2017 ; and (C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (4) in subsection (c)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general A State is in compliance with this subsection for a particular fiscal year if the State has provided to the Secretary the data described in paragraph (2) for fiscal year 2010 and each succeeding fiscal year through the fiscal year second preceding the particular fiscal year. (2) Determination of numbers of exits based on afcars data The Secretary shall determine the numbers of exits to reunification, adoption, and guardianship in a State during a fiscal year, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year. ; and (B) by adding at the end the following: (4) Annual reports to the secretary Beginning 24 months after the effective date of this paragraph, each State to which a payment is made under this section for a fiscal year shall submit to the Secretary and shall make available to the public annual reports on the amount of the payment that is attributable to exits to reunification, the amount that is attributable to exits to adoption, and the amount that is attributable to exits to guardianship, and a breakdown of how the State used the total payment to improve or expand the provision of post-permanency services in the State. ; (5) by striking subsection (d) and inserting the following: (d) Permanency incentive payment (1) In general Except as provided in paragraph (2), the permanency incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of— (A) $2,000, multiplied by the sum of— (i) the amount (if any) by which the number of exits to adoption in the State during the fiscal year exceeds the projected number of exits to adoption in the State for the fiscal year; (ii) the amount (if any) by which the number of exits to guardianship in the State during the fiscal year exceeds the projected number of exits to guardianship in the State for the fiscal year; and (iii) the amount (if any) by which the number of exits to reunification in the State during the fiscal year exceeds the projected number of exits to reunification in the State for the fiscal year; (B) $8,000, multiplied by the sum of— (i) the amount (if any) by which the number of exits to adoption of older children in the State during the fiscal year exceeds the number of exits to adoption of older children in the State for the base fiscal year; (ii) the amount (if any) by which the number of exits to guardianship of older children in the State during the fiscal year exceeds the number of exits to guardianship of older children in the State for the base fiscal year; and (iii) the amount (if any) by which the number of exits to reunification of older children in the State during the fiscal year exceeds the number of exits to reunification of older children in the State for the base fiscal year; (C) $6,000, multiplied by the sum of— (i) the amount (if any) by which the number of exits to adoption of pre-adolescent children in the State during the fiscal year exceeds the number of exits to adoption of pre-adolescent children in the State for the base fiscal year; (ii) the amount (if any) by which the number of exits to guardianship of pre-adolescent children in the State during the fiscal year exceeds the number of exits to guardianship of pre-adolescent children in the State for the base fiscal year; and (iii) the amount (if any) by which the number of exits to reunification of pre-adolescent children in the State during the fiscal year exceeds the number of exits to reunification of pre-adolescent children in the State for the base fiscal year; and (D) $4,000, multiplied by the amount (if any) by which the number of special needs adoptions of young children in the State during the fiscal year exceeds the number of special needs adoptions of young children in the State for the base fiscal year. (2) Pro rata adjustment if insufficient funds available For any fiscal year, if the total amount of permanency incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the permanency incentive payment payable to each State under this section for the fiscal year shall be— (A) the amount of the permanency incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by (B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of permanency incentive payments otherwise payable under this section for the fiscal year. ; (6) in subsection (f), by striking any service (including post-adoption services) that may be provided under part B or E. and inserting post-permanency services to help ensure that children remain with the families with whom they have been reunified, adopted, or placed for guardianship, and a State shall not use the amount to supplant other funds being used for the services. ; (7) by striking subsection (g) and inserting the following: (g) Definitions In this section: (1) Adoption The term adoption means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State. (2) Base fiscal year The term base fiscal year means fiscal year 2012. (3) Exit to reunification The term exit to reunification means, with respect to a State and a fiscal year, the permanent reunification of a child who was in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year, excluding any such placement of children who returned to foster care in the fiscal year. (4) Foster children The term foster children means, with respect to a State and a fiscal year, children in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year. (5) Guardianship The term guardianship means the placement with a relative guardian of a child with respect to whom— (A) a payment is made under section 474(a)(5); or (B) a payment is made using only State or local guardianship assistance funds, and the case plan for the child documents the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted. (6) Older children The term older children means children who have attained 14 years of age. (7) Adoption placement rate The term adoption placement rate means, with respect to a State and a fiscal year— (A) the total number of exits to adoption in the State during the fiscal year; divided by (B) the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. (8) Guardianship placement rate The term guardianship placement rate means, with respect to a State and a fiscal year— (A) the total number of exits to guardianship in the State during the fiscal year; divided by (B) the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. (9) Reunification placement rate The term reunification placement rate means, with respect to a State and a fiscal year— (A) the total number of exits to reunification in the State during the fiscal year; divided by (B) the number of foster children with respect to the State for the fiscal year. (10) Post-permanency services The term post-permanency services means the services needed once children and youth have been reunified, adopted, or placed with guardians to stabilize and support the child and family, including— (A) financial support; (B) case management; (C) connections with community services; (D) individual, group and family counseling and other mental health services; (E) respite care; and (F) training of public and private child welfare staff on delivering post-permanency services. (11) Pre-adolescent children The term pre-adolescent children means children who have attained 9 years of age but have not attained 14 years of age. (12) Projected number of exits to adoption The term projected number of exits to adoption means, with respect to a State and a fiscal year— (A) the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by (B) the average of the adoption placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). (13) Projected number of exits to guardianship The term projected number of exits to guardianship means, with respect to a State and a fiscal year— (A) the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by (B) the average of the guardianship placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). (14) Projected number of exits to reunification The term projected number of exits to reunification means, with respect to a State and a fiscal year— (A) the number of foster children with respect to the State for the fiscal year; multiplied by (B) the average of the reunification placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). (15) Reunification The term reunification means an exit from foster care to a relative with whom the child was living before the placement into foster care or to another relative. (16) Special needs adoption The term special needs adoption means the final adoption of a child— (A) who has special needs (as defined by the State); or (B) for whom an adoption assistance agreement is in effect under section 473. (17) Young children The term young children means children who have not attained 9 years of age. ; (8) in subsection (h)(1)— (A) by striking and at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; and ; and (C) by adding at the end the following: (E) $60,000,000 for each of fiscal years 2014 through 2018. ; and (9) in subsection (i)— (A) by striking paragraphs (1) through (3) and inserting the following: (1) In general The Secretary may, directly or through grants or contracts, provide technical assistance to assist States and local communities to reach their targets for increased numbers of exits to adoption, guardianship, and reunification. (2) Description of the character of the technical assistance The technical assistance provided under paragraph (1) shall support the goal of encouraging more permanent exits of children from foster care, and may include the following: (A) Models that encourage child-specific and child-focused efforts to recruit permanent families for children. (B) Models that encourage the use of intensive family-finding efforts. (C) Models to encourage the use of concurrent planning. (D) The development of permanency units and specialized expertise to help move children promptly to permanency goals. (E) The development of assessment tools to facilitate appropriate reunification or other permanency options. (F) The development of best practice guidelines for expediting permanency for children and, where, appropriate, termination of parental rights. (G) Development of programs that place children into pre-adoptive families while termination of parental rights is being pursued. (H) Models to encourage the fast tracking of children who have not attained 1 year of age and cannot be reunified, into permanent adoptive or guardianship families. (I) Models that require ongoing consulting with children who have attained 9 years of age about their permanency goal, including asking the children and youth about any adults who may serve as permanent parents through adoptions or guardianship. (J) Development of strategies designed to promote the use by a State of the guardianship assistance program under this part. ; and (B) in paragraph (4)— (i) by striking (4) and inserting (3) ; and (ii) by striking 2004 through 2006 and inserting 2014 through 2018 . (b) Effective date The amendments made by subsection (a) shall take effect on October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3124ih/xml/BILLS-113hr3124ih.xml

113-hr-3125

I 113th CONGRESS 1st Session H. R. 3125 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Enyart introduced the following bill; which was referred to the Committee on Armed Services , 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 authorize the Secretary of the Air Force to make competitive grants to support research and development, education, and training to produce a bio-based aviation fuel for use by the Air Force and to provide an initial infusion of funds for the grant program. 1. Bio-based aviation fuel research and development, education, and training efforts (a) Competitive grants authorized (1) Authorization and primary purpose The Secretary of the Air Force may make a grant, on a competitive basis, to an existing biofuels research center in the United States to conduct pilot-scale research, development, and testing of bio-based fuels that are suitable for use by the Air Force as an aviation fuel for jet aircraft. (2) Additional purposes Grant funds provided under paragraph (1) may also be used by the grant recipient to train military and civilian personnel in the new technologies and to conduct a study regarding the economic feasibility of a full-scale bio-based aviation fuel production facility. (b) Grant applications and selection (1) In general Grant applicants shall submit an application to the Secretary of the Air Force at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Selection preference In conducting the competition for selection of the grant recipient, the Secretary shall give a preference to an existing biofuels research center in the United States that— (A) has the capacity and expertise necessary to quickly and efficiently conduct the pilot-scale research, development, and testing described in subsection (a)(1); and (B) is located in close proximity to— (i) the raw materials specified in subparagraph (B) of subsection (a)(1); (ii) a military installation with responsibility for military air transportation; and (iii) a private or commercial airport with capacity to host a research and pilot production facility. (c) Grant amounts Grants under subsection (a) may not exceed a total $25,000,000. With the approval of the Secretary of the Air Force, grant funds may be used for infrastructure to facilitate the pilot-scale research, development, and testing described in subsection (a)(1). (d) Source of funds Notwithstanding any other provision of law, the Secretary of Defense shall transfer to the Secretary of the Air Force $25,000,000 from unobligated amounts in the Afghanistan Infrastructure Fund to provide funds for grants under subsection (a). The transferred funds shall be available to the Secretary of the Air Force, until expended, only for the purpose of making grants under subsection (a). The Secretary of the Air Force shall obligate such funds as soon as practicable after the establishment of the grant program.

https://www.govinfo.gov/content/pkg/BILLS-113hr3125ih/xml/BILLS-113hr3125ih.xml

113-hr-3126

I 113th CONGRESS 1st Session H. R. 3126 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Fincher introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Patient Protection and Affordable Care Act to prohibit a government subsidy for the purchase of a health plan by a Member of Congress. 1. Short title This Act may be cited as the Healthcare Fairness Act of 2013 . 2. No health care subsidies for Members of Congress Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following new clause: (ii) No premium assistance for Members of Congress Notwithstanding any other provision of law or any regulation or guidance promulgated by the Director of the Office of Personnel Management, no Federal funds shall be expended to pay any portion of the premium for a health plan purchased by a Member of Congress pursuant to clause (i). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3126ih/xml/BILLS-113hr3126ih.xml

113-hr-3127

I 113th CONGRESS 1st Session H. R. 3127 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Maffei introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow a credit to small employers for certain newly hired employees, and for other purposes. 1. Short title This Act may be cited as the Cutting Red Tape, Green-Lighting Small Businesses Act of 2013 . 2. Credit for certain individuals hired by a small employer (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 45S. Certain individuals hired by a small employer (a) General Rule For purposes of section 38, in the case of an eligible small employer, the small employer hiring credit determined under this section for any taxable year is the amount determined under subsection (b). (b) Small employer hiring credit amount The amount determined under this subsection for a taxable year with respect to a qualified small employer is the product of— (1) the tax rate in effect under section 3111(a) for the calendar year in which such taxable year ends, multiplied by (2) the wages paid by the qualified small employer with respect to employment of all covered employees during the taxable year. (c) Qualified employer For purposes of this subsection— (1) In general The term qualified small employer means with respect to any calendar year, an employer who on no business day of the preceding calendar year employed less than 2, or more than 150, employees. (2) Employers not in existence in preceding year In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. (3) Special rules For purposes of this subsection— (A) Predecessor and successor Any reference in this paragraph to an employer shall include a reference to any predecessor of, or successor to, such employer. (B) Aggregation rule All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer. (C) Governmental employers not included The term employer does not include the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. (4) Credit applies for only 1 year If an election to claim the credit under this section is in effect for any calendar year, paragraph (1) shall not apply to such employer for any year after such calendar year. (d) Covered employee For purposes of this subsection— (1) In general The term covered employee means, with respect to any week, is an employee who— (A) first begins work for the employer for services performed by the employee— (i) in a trade or business of such qualified small employer, or (ii) in the case of a qualified small employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer’s exemption under section 501, and (B) is employed on average at least 30 hours of service per week. (2) Limitation to 5 employees An employer may not treat more than 5 employees as covered employees. (3) Hours of service The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. (e) Credit made available to tax-Exempt eligible small employers (1) In general In the case of a tax-exempt eligible small employer, there shall be treated as a credit allowable under subpart C (and not allowable under this subpart) the amount of the credit determined under this section with respect to such employer. (2) Tax-exempt eligible small employer For purposes of this section, the term tax-exempt eligible small employer means an eligible small employer which is any organization described in section 501(c) which is exempt from taxation under section 501(a). (f) Denial of double benefit No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. (g) Election This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. (h) Termination This section shall not apply with respect to wages paid after December 31, 2015. . (b) Credit To Be Part of General Business Credit Section 38(b) of the Internal Revenue Code of 1986 (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 inserting after paragraph (36) the following: (37) the small employer hiring credit determined under section 45S. . (c) Clerical Amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 45S. Certain individuals hired by a small employer. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 3. Paperwork reduction The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended by adding at the end the following: 48. Paperwork reduction Not later than 60 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall determine, for a new small business concern, what applications, submissions, or other paperwork for purposes of programs administered by the Administrator, are not essential to file during the first year of operation, and shall make rules that waive the need for such paperwork. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3127ih/xml/BILLS-113hr3127ih.xml

113-hr-3128

I 113th CONGRESS 1st Session H. R. 3128 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Ms. Matsui introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide additional penalties applicable to psychiatric hospitals and units that fail to comply with Medicare discharge planning process requirements. 1. Short title This Act may be cited as the Protect Patients Act . 2. Additional penalties for psychiatric hospital or unit failure to comply with Medicare discharge planning process requirements Section 1861(ee) of the Social Security Act ( 42 U.S.C. 1395x(ee) ) is amended by adding at the end the following new paragraph: (4) (A) Beginning 1 year after the date of the enactment of this paragraph, a psychiatric hospital or a psychiatric unit (as described in the matter following clause (v) of section 1886(d)(1)(B)) that is determined by the Secretary not to have in place a discharge planning process that meets the requirements of this subsection is subject to a civil money penalty of not more than $10,000. A civil money penalty under this subparagraph shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. (B) Beginning 1 year after the date of the enactment of this paragraph, the Secretary may require a psychiatric hospital or such a psychiatric unit that the Secretary has determined on multiple occasions does not have in place a discharge planning process that meets the requirements of this subsection to enter into an agreement with the Secretary, similar to a system improvement agreement applied pursuant to section 1866(b), to— (i) obtain from a third party that is selected by the Secretary an independent review of policies and procedures of the hospital or unit for purposes of providing recommendations for establishing a sufficient discharge planning process under this subsection; (ii) retain an independent compliance officer for a period specified in the agreement to monitor and assist the hospital or unit in establishing a sufficient discharge planning process under this subsection; (iii) submit periodic reports to the Secretary detailing improvements made to the policies and procedures of the hospital or unit to have in place a sufficient discharge planning process under this subsection; and (iv) undertake such other actions as the Secretary determines necessary in order to ensure that the hospital or unit will continue to have a sufficient discharge planning process under this subsection on an ongoing basis. (C) In the case that a psychiatric hospital or such a psychiatric unit has entered into an agreement under subparagraph (B) and does not have in place a sufficient discharge planning process by the date that is 45 days after entering into such agreement, the Secretary may, in consultation with the State, appoint temporary management to oversee the operation of the hospital or unit, assure the health and safety of the hospital or unit’s inpatients, and ensure compliance with requirements of such discharge planning process by the hospital or unit. The temporary management under this subparagraph shall be terminated when the Secretary has determined that the hospital or unit has the management capability to ensure continued compliance with all such requirements. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3128ih/xml/BILLS-113hr3128ih.xml

113-hr-3129

I 113th CONGRESS 1st Session H. R. 3129 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Ms. Moore introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the full exclusion applicable to qualified small business stock. 1. Permanent full exclusion applicable to qualified small business stock (a) In general Paragraph (4) of section 1202(a) of the Internal Revenue Code of 1986 is amended by striking and before January 1, 2014 . (b) Conforming amendments (1) Section 1202(a) of such Code, as amended by subsection (a), is amended by striking paragraphs (2) and (3) and by redesignating paragraph (4) as paragraph (2). (2) Section 1202(a)(2) of such Code, as redesignated by paragraph (1), is amended by adding and at the end of subparagraph (A), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (3) Section 1223(13) of such Code is amended by striking 1202(a)(2), . (4) The heading for section 1202 of such Code is amended by striking Partial exclusion for gain and inserting Exclusion of certain gain . (5) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking Partial exclusion for gain and inserting Exclusion of certain gain . (c) Effective date The amendments made by this section apply to stock acquired after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3129ih/xml/BILLS-113hr3129ih.xml

113-hr-3130

I 113th CONGRESS 1st Session H. R. 3130 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on the Judiciary , 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 establish humane practices for the repatriation of aliens at the border, establish effective standards for the treatment of certain aliens in the custody of the Department of Homeland Security, and for other purposes. 1. Short title This Act may be cited as the Protect Family Values at the Border Act . 2. Protection of family values in apprehension programs (a) Procedures for migration deterrence programs at the border In any migration deterrence program carried out at a border, the Secretary and any cooperating entity shall for each apprehended individual— (1) as soon as practicable after such individual is apprehended— (A) inquire through a standardized procedure that shall be established by the Secretary not later than 90 days after the date of the enactment of this Act, as to whether such apprehended individual is— (i) a parent, legal guardian, or primary caregiver of a child; or (ii) traveling with a spouse, child, or sibling; and (B) ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual’s physical safety; and (2) ensure that, with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual, due consideration is given to— (A) the best interests of such apprehended individual’s child, in any; (B) family unity whenever possible; and (C) other public interest factors, including humanitarian concerns and concerns related to such apprehended individual’s physical safety. (b) Mandatory training The Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and independent immigration, child welfare, family law, and human rights law experts, shall— (1) develop and provide specialized training for all personnel of U.S. Customs and Border Protection and cooperating entities who come into contact with apprehended individuals regarding legal authorities, policies, and procedures relevant to the preservation of a child’s best interest, family unity, and other public interest factors, including factors described in subsection (a); and (2) require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures referred to in paragraph (1). (c) Annual report on the impact of migration deterrence programs at the border (1) In general Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse, child, or sibling, and individuals who present humanitarian considerations or concerns related to such individual’s physical safety. (2) Contents Each report required under paragraph (1) shall include for the previous year period an assessment of— (A) the number of apprehended individuals removed, repatriated, or referred for prosecution who are the parent, legal guardian, or primary caregiver of a child who is a citizen of the United States; (B) the number of occasions in which both parents, or the primary caretaker of such a child was removed, repatriated, or referred for prosecution as part of a migration deterrence program; (C) the number of apprehended individuals traveling with a spouse, parent, grandparent, sibling, or child who are removed, repatriated, or referred for prosecution; and (D) the impact of migration deterrence programs on public interest factors, including humanitarian concerns and physical safety. (d) Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section. 3. Limiting dangerous deportation practices (a) Certification required (1) In general Not later than one year after the date of the enactment of this Act and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit to Congress written certification that the Department has deported or otherwise removed for a violation of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. (2) Exception The certification required under paragraph (1) shall not apply to the deportation or removal of an apprehended individual otherwise described in such paragraph if— (A) the manner of such deportation or removal is justified by a compelling governmental interest; and (B) such apprehended individual is not an unaccompanied alien child and such apprehended individual agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal. (b) Consultation The Secretary shall consult with the Secretary of State and with local service providers at ports of entry, including shelters, hospitals, and centers for deported women and children, when negotiating or renegotiating agreements with the Government of Mexico and State and local entities governing arrangements for the deportation or removal of apprehended individuals to determine appropriate hours subject to subsection (a) for conducting deportations and removals, and identifying safety concerns at deportation and removal sites. 4. Short-term custody standards (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the head of the Office of Civil Rights and Civil Liberties of the Department, shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all U.S. Customs and Border Protection (CBP) facilities holding individuals in CBP custody, including— (1) Border Patrol stations; (2) ports of entry; (3) checkpoints; (4) forward operating bases; (5) secondary inspection areas; and (6) short-term custody facilities. (b) Requirements The regulations promulgated in accordance with subsection (a) shall ensure that detention space capacity will not be exceeded except in emergency circumstances, and that all individuals in CBP custody receive— (1) potable water and a snack, and, if detained for more than five hours, a nutritious meal with regular nutritious meals (at least one of which daily must be heated), and snacks, thereafter; (2) medically appropriate meals or snacks if such individuals are pregnant or have medical needs; (3) access to bathroom facilities as well as basic toiletries and hygiene items, including soap, a toothbrush, toilet paper, and other items appropriate for the age and gender identification of such individuals, such as diapers and feminine hygiene products; (4) a cot, clean linens, and blankets, if detained for more than five hours; (5) adequate lighting and climate control that achieves a reasonable indoor temperature; (6) a physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the currently applicable National Commission for Correctional Health Care Jails Standards, as well as information about the availability of, and access to, health care services that is communicated in a form and language such individual is known to understand; (7) immediate physical and mental health needs addressed by a qualified health care professional as soon as possible; (8) prompt notice of the ability to make one telephone call at any time after arrest, telephone access to make such call, and the phone numbers to file a complaint with the Office of the Inspector General of the Department and the Office for Civil Rights and Civil Liberties of the Department; (9) to the extent practicable, a reasonable accommodation to respect such individuals’ religious practices; (10) all protections under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ; Public Law 108–79 ), except that certain protections shall not apply at a particular CBP facility if the Commissioner of CBP determines that implementation at that particular facility of such a protection would be impracticable; and (11) safe transport, including prevention of sexual assault during transfer, including in subcontracted transportation services, while such individuals are transported from a CBP facility. (c) Further provisions The Commissioner of CBP shall ensure that all individuals in CBP custody— (1) have access to consular officials and counsel; (2) receive copies of all signed documents; and (3) are transferred to an appropriate U.S. Immigration and Customs Enforcement or Department of Health and Human Services Office of Refugee Resettlement facility or are released from short-term custody within 48 hours of apprehension. (d) Surveillance of certain individuals in CBP custody The Commissioner of CBP shall ensure constant surveillance of an individual in CBP custody who exhibits signs of hostility, depression, or similar behaviors, or who is reasonably known to pose an elevated suicide risk. (e) Physical and mental health assessment The Commissioner of CBP shall ensure that individuals in CBP custody for more than 24 hours, receive, in addition to the physical and mental health screening specified in subsection (b)(6), a physical and mental health assessment by a qualified healthcare professional. To the extent practicable, such individuals with known or readily apparent disabilities, including temporary disabilities, shall be housed in a manner that accommodates their mental or physical condition, or both, and provides for the safety, comfort, and security of such individuals. (f) Return of certain belongings Any lawful, nonperishable belongings of an individual in CBP custody that are confiscated by personnel operating under Federal authority shall be returned to such individual prior to the deportation or removal of such individual. (g) Inspection of short-Term custody facilities Short-term custody facilities shall be inspected at least once every year by the Department of Homeland Security Office for Civil Rights and Civil Liberties, with the results made public without the need to submit a request under section 552 of title 5, United States Code. (h) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to— (1) establish a publicly accessible online system to track the location of individuals in CBP custody held in short-term custody, and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody; (2) improve the education of individuals in CBP custody regarding administrative procedures and legal rights under United States immigration law, in consultation with the Executive Office for Immigration Review; and (3) ensure notification of the Office of Inspector General and Department of Homeland Security Office for Civil Rights and Civil Liberties within 48 hours of all instances in which— (A) an individual in CBP custody has died, including during transfer to another facility or while being released; and (B) an individual has died as the result of an encounter with CBP. (i) Annual reports Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that details all instances in which an individual in CBP custody has died in the prior fiscal year, including during transfer to another facility or while being released, as well as all instances in which an individual has died as the result of an encounter with CBP, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of CBP, has suffered serious injuries requiring hospitalization as a result of the use of force by CBP. 5. Definitions In this Act: (1) Apprehended individual The term apprehended individual means an individual apprehended by personnel of the Department of Homeland Security or of a cooperating entity. (2) Border The term border means an international border of the United States. (3) Child Except as otherwise specifically provided, the term child has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ). (4) Cooperating entity The term cooperating entity means a State or local entity acting pursuant to an agreement with the Secretary. (5) Department The term Department means the Department of Homeland Security. (6) Migration deterrence program The term migration deterrence program means an action related to the repatriation or referral for prosecution of one or more apprehended individuals for a suspected or confirmed violation of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) by the Secretary or a cooperating entity. (7) Secretary The term Secretary means the Secretary of Homeland Security. (8) Unaccompanied alien child The term unaccompanied alien child has the meaning given such term in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3130ih/xml/BILLS-113hr3130ih.xml

113-hr-3131

I 113th CONGRESS 1st Session H. R. 3131 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Sablan (for himself, Ms. Gabbard , Ms. Hanabusa , Mr. Ben Ray Luján of New Mexico , Ms. Bordallo , Mr. Dingell , Mr. Grijalva , Ms. Norton , Mr. David Scott of Georgia , Mr. Conyers , Ms. Speier , Mr. Lewis , Ms. Jackson Lee , Mr. Honda , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize studies of certain areas for possible inclusion in the National Park System, and for other purposes. 1. Short title This Act may be cited as the National Park Service Study Act of 2013 . 2. Special resource studies (a) Study The Secretary of the Interior shall conduct special resource studies of— (1) the Kau coast, on the island of Hawaii; (2) the prehistoric, historic, and limestone forest sites on the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in the State of Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island, and Attu on Attu Island during World War II, and the 5 relocation sites at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell Institute; (4) World War II Japanese American Relocation Center sites including Gila River and Poston sites, State of Arizona; Granada, State of Colorado; Heart Mountain, State of Wyoming; Jerome and Rohwer sites, State of Arkansas; and Topaz, State of Utah; (5) Mahaulepu, on the island of Kauai, State of Hawaii; (6) the town of Goldfield and outlying mining sites in the State of Nevada; (7) the Hudson River Valley in the State of New York; (8) the Norman Studios, within Jacksonville, Florida, where African-American casts and crews were used in the production of silent films; (9) the Mobile-Tensaw River Delta in the State of Alabama; (10) the Galveston Bay in the State of Texas; (11) the Pullman site, State of Illinois; (12) the northern coast of Maui, Hawaii; and (13) historic sites on Midway Atoll. (b) Contents In conducting the studies required under subsection (a) of the sites identified under such subsection, the Secretary shall— (1) evaluate the national significance of the sites and the areas surrounding such sites; (2) determine the suitability and feasibility of designating one or more sites as units of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the sites by Federal, State, or local governmental entities or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable law The studies required under subsection (a) shall be conducted in accordance with section 8 of the National Park System General Authorities Act ( 16 U.S.C. 1a–5 ). 3. Special resource study updates (a) Studies The Secretary of the Interior shall update the study, World War II Sites, Republic of Palau (upon the request of the Government of the Republic of Palau) as authorized by section 326(b)(3)(N) of the Department of the Interior and Related Agencies Appropriations Act, 2000, and the 1979 study Vermejo Ranch, New Mexico/Colorado: Study of Management Options . (b) Contents In updating the studies under subsection (a), the Secretary shall— (1) determine whether conditions have changed to warrant that the site be designated as a unit of the National Park System; (2) consider other alternatives for the preservation, protection, and interpretation of the site by Federal, State, or local governmental entities or private and nonprofit organizations; (3) consult with other interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (4) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (2). 4. Buffalo soldiers in the national parks study (a) Study The Secretary of the Interior shall conduct a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the national parks. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) complete a historical assessment of the Buffalo Soldiers who served in national parks in the years that preceded the establishment of the National Park Service; (2) evaluate the suitability and feasibility of establishing a national historic trail commemorating the route traveled by the Buffalo Soldiers from their post in the Presidio of San Francisco to Sequoia and Yosemite National Parks and to any other national parks where they may have served; (3) identify properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as national historic landmarks; and (4) evaluate appropriate ways to enhance the historical research, education, interpretation, and public awareness of the story of the Buffalo Soldiers’ stewardship role in the national parks, including ways to link the story to both the development of the national parks and the story of African-American military service following the Civil War. 5. Reconstruction in the south study (a) Study The Secretary of the Interior shall conduct a national historic landmark study to identify sites and resources in the Southern United States that are significant to the Reconstruction era. (b) Contents The study conducted under subsection (a) shall include recommendations for commemorating and interpreting sites and resources identified by the study, including— (1) sites for which new national historic landmarks should be nominated; and (2) sites for which further study for potential inclusion in the National Park System is needed. 6. Chattahoochee river boundary expansion study (a) Study The Secretary of the Interior shall conduct a study to determine the suitability and feasibility of including in the boundary of the Chattahoochee River National Recreation Area approximately 45 miles of the Chattahoochee River and lands along the river corridor from the southern boundary of the Recreation Area south to the junction of Coweta, Heard, and Carroll Counties. (b) Contents The study conducted under subsection (a) shall include an analysis of— (1) significant resources or opportunities for public enjoyment within the study area related to purposes of the Chattahoochee River National Recreation Area; (2) operational and management issues that need to be considered if the study area is included within the Recreation Area; (3) protection of resources within the study area critical to fulfilling the Recreation Area’s purposes; (4) the feasibility of administering the study area as part of the Recreation Area considering the study area’s size, configuration, ownership, costs, and other factors; and (5) the adequacy of other alternatives for management and protection of resources within the study area. 7. Report Not later than 3 years after the date on which funds are first made available to conduct each study under this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of each such study; and (2) any conclusions and recommendations of the Secretary based on such results.

https://www.govinfo.gov/content/pkg/BILLS-113hr3131ih/xml/BILLS-113hr3131ih.xml

113-hr-3132

I 113th CONGRESS 1st Session H. R. 3132 IN THE HOUSE OF REPRESENTATIVES September 18, 2013 Mr. Terry introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure orderly conduct of Nuclear Regulatory Commission actions. 1. Short title This Act may be cited as the Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act . I Replacement of Reorganization Plan 101. General functions (a) Functions Those functions of the Nuclear Regulatory Commission (in this title referred to as the Commission ) concerned with— (1) policy formulation; (2) rulemaking, as defined in section 553 of title 5 of the United States Code, except that those matters set forth in 553 (a)(2) and (b) which do not pertain to policy formulation orders or adjudications shall be reserved to the Chairman of the Commission; (3) orders and adjudications, as defined in section 551 (6) and (7) of title 5 of the United States Code; and (4) approving the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, shall remain vested in the Commission. A majority of the Commission may determine, in an area of doubt, whether any matter, action, question, or area of inquiry pertains to one of these functions. Any member of the Commission may request such a vote. Any member of the Commission may propose a policy matter for consideration by the Commission. All members of the Commission shall have full, unfettered, timely, and equal access to information pertaining to its functions. The performance of any portion of these functions may be delegated by the Commission to a member of the Commission, including the Chairman of the Commission (in this title referred to as the Chairman ) and to the staff. (b) Officers and employees (1) Officers With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman shall initiate the appointment, subject to the approval of the Commission, and the Chairman or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote: (A) Executive Director for Operations. (B) Chief and Deputy Chief Financial Officer. (C) General Counsel. (D) Director of the Office of Commission Appellate Adjudication. (E) Secretary of the Commission. (F) Director of the Office of Public Affairs. (G) Director of the Office of Congressional Affairs. (H) Director of the Office of International Programs. (I) Chief Administrative Judge and members of the Atomic Safety and Licensing Board Panel. Any performance evaluation or rating of the officers listed in subparagraphs (A) through (I) shall be determined by a majority vote of the members of the Commission. (2) Replacement of officers (A) In the event of a vacancy in a position described in paragraph (1), the Chairman may designate an acting officer for a maximum of 60 days, after which any further extension must be approved by the Commission. If, at the end of 60 days, the Commission has not approved the appointment of an officer proposed by the Chairman, or the Chairman has not proposed one, any Commissioner may initiate the appointment subject to approval of the Commission. (B) With respect to the following officers or successor officers duly established by statute or by the Commission, the Chairman, after consultation with the Executive Director for Operations, shall initiate the appointment, subject to the approval of the Commission, and the Chairman, or a member of the Commission may initiate an action for removal, subject to the approval of the Commission by majority vote: (i) Director of the Office of Nuclear Reactor Regulation. (ii) Director of the Office of Nuclear Material Safety and Safeguards. (iii) Director of the Office of Nuclear Regulatory Research. (iv) Director of the Office of Nuclear Security and Incident Response. (v) Director of the Office of New Reactors. (vi) Director of the Office of Federal and State Materials and Environmental Management Programs. (vii) Director of the Office of Investigations. (viii) Director of the Office of Enforcement. (3) Appointment of Advisory Committee on Reactor Safeguards The Chairman or a member of the Commission shall initiate the appointment of the Members of the Advisory Committee on Reactor Safeguards, subject to the approval of the Commission. The provisions for appointment of the Chairman of the Advisory Committee on Reactor Safeguards and the term of the members shall not be affected by the provisions of this title. (4) Delegation of staff supervision functions The Commission shall delegate the function of appointing, removing, and supervising the staff of the following offices or successor offices to the respective heads of such offices: Executive Director for Operations, General Counsel, Secretary of the Commission, Chief Financial Officer, Office of Commission Appellate Adjudication, Office of Congressional Affairs, Office of Public Affairs, and Office of International Programs. The Commission shall delegate the functions of appointing, removing, and supervising the staff of the following panels and committee to the respective Chairmen thereof: Atomic Safety and Licensing Board Panel and Advisory Committee on Reactor Safeguards. (c) Commission member offices Each member of the Commission shall appoint, remove, and supervise the personnel employed in his or her immediate office. (d) Performance of functions The Commission shall act as provided by section 201(a)(1) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(1) ) in the performance of its functions as described in subsections (a) and (b) of this section. 102. Chairman (a) Functions Except as otherwise provided in section 101, all functions of the Commission shall rest with the Chairman. The Chairman shall be the official spokesman for the Commission and, as such, shall represent the policies determined by a majority of the Commission. (b) Additional functions The Chairman shall also be the principal executive officer of the Commission, and shall be responsible to the Commission for assuring that the Executive Director for Operations and the staff of the Commission (other than the officers and staff referred to in section 101 (b)(4) and (c)) are responsive to the requirements of the Commission in the performance of its functions; shall determine the use and expenditure of funds of the Commission, in accordance with the distribution of appropriated funds according to programs and purposes approved by the Commission; shall present to the Commission for its consideration the proposals set forth in paragraph (3); and shall be responsible for the following functions, which the Chairman shall delegate, subject to the Chairman’s direction and supervision, to the Executive Director for Operations unless otherwise provided by this Act: (1) Administrative functions of the Commission. (2) Distribution of business among such personnel and among administrative units and offices of the Commission. (3) Preparation of proposals for the reorganization of the major offices of the Commission. (4) Appointing and removing, without any further action by the Commission, all officers and employees under the Commission other than those whose appointment and removal are specifically provided for by section 101 (b) and (c). (c) Governing principles (1) In general The Chairman as principal executive officer and the Executive Director for Operations shall be governed by the general policies of the Commission and by such regulatory decisions, findings, and determinations, including those for reorganization proposals, budget revisions, and distribution of appropriated funds, as the Commission may by law, including this title, be authorized to make. (2) Full and current information The Chairman and the Executive Director for Operations shall have joint responsibility insuring that the Commission is fully and currently informed about matters within its functions. (3) Failure to act in accordance If a majority of Commissioners determine that the Chairman has not acted in accordance with paragraph (1) or (2), such Commissioners shall provide written notice of the determination to the President and provide copies thereof to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. 103. Emergency authority (a) In general Notwithstanding sections 101 and 102, the Chairman is authorized to exercise emergency authority described in paragraph (4), subject to the following limitations: (1) The Chairman may not exercise emergency authority unless and until the Chairman declares a specific emergency exists and, not later than 24 hours after such declaration, notifies— (A) the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, in writing; and (B) the public. (2) The Chairman may only exercise emergency authority in response to— (A) an imminent safety threat pertaining to a facility or materials licensed or regulated by the Commission; or (B) a determination by the Secretary of Homeland Security, the Secretary of Energy, the Secretary of Transportation, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, or the Director of National Intelligence of an imminent security threat to a facility or materials licensed or regulated by the Commission. Where authority is exercised pursuant to this section, public notification may be delayed provided that the Chairman determines that prior public disclosure would constitute a risk to public health and safety and so notifies the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (3) The Chairman may only exercise emergency authority for the duration of the emergency or 30 days, whichever is less. The Commission may approve extensions of that time. Each extension is limited to 30 days and requires notification of the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (4) The Chairman’s emergency authority includes the functions of responding to, issuing orders respecting, advising United States civil authorities and the United States public about, and directing and coordinating actions relative to such emergency incident. (b) Delegation The Chairman may delegate the authority to perform such emergency functions, in whole or in part, to any of the other members of the Commission. Such authority may also be delegated or redelegated, in whole or in part, to the staff of the Commission. (c) Consultation To the extent practicable, the Chairman shall consult with the full Commission on any regulatory or policy actions to be taken under an emergency. Such consultations shall be exempt from the requirements of section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act ). (d) Guidelines and notice In acting under this section, the Chairman, or other member of the Commission delegated authority under subsection (b), shall conform to the policy guidelines of the Commission. (e) Termination of emergency Upon termination of the emergency, the Chairman shall immediately notify the Commission, the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (f) Report Within 30 days following the conclusion of the emergency, the Chairman, or the member of the Commission or member of the staff delegated the emergency functions under subsection (b), shall render a complete report of all actions taken during the emergency, specifically delineating actions taken utilizing the authority provided in this section, to the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. (g) Commission procedures Not later than 90 days after the date of enactment of this Act, the Commission shall revise its procedures to comply with the requirements of this section. Such revision shall define the roles of the Commissioners during an emergency, specifying— (1) complete access to records and information relating to actions taken during the emergency; (2) complete access to Commission staff involved in the management of the emergency; (3) complete access to the location or locations where decisions are made during the emergency; and (4) participation in decisions that may affect Commission actions and policies beyond the response to a particular emergency to the extent practicable. 104. Reporting (a) Delegation; direct communication The Chairman may make such delegations and provide for such reporting as the Chairman deems necessary, subject to provisions of law. Any officer or employee under the Commission may communicate directly to the Commission, or to any member of the Commission, whenever in the view of such officer or employee a critical problem, or matter of public health and safety or common defense and security, is not being properly addressed. (b) Executive Director for Operations The Executive Director for Operations shall report for all matters to the Chairman. (c) Functions The Directors of Nuclear Reactor Regulations, Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research shall report to the Executive Director for Operations. (d) Direct reporting The heads of the Commission level offices or successor offices, of General Counsel, Secretary of the Commission, Commission Appellate Adjudication, Congressional Affairs, Public Affairs, International Programs, Atomic Safety and Licensing Board Panel, and Advisory Committee on Reactor Safeguards shall report directly to the Commission and the Commission shall receive such reports. 105. Rescission of Reorganization Plan approval Approval of Reorganization Plan No. 1 of 1980 ( 5 U.S.C. App. 1 ) is rescinded. II Miscellaneous 201. Certification of documents transmitted to Congress A letter or other document transmitted by the Nuclear Regulatory Commission, on behalf of the full Commission, to a member of Congress in his or her capacity as chairman or ranking minority member of a Committee of Congress, shall include a certification that the letter or document is being sent to both the Chairman and ranking minority member of that Committee in accordance with established Commission procedures. 202. Time limits for Commission review of Atomic Safety and Licensing Board decisions When reviewing the decisions and actions of the Atomic Safety and Licensing Board, the Commission shall follow the following procedures: (1) Each Commissioner shall vote on the matter not later than 90 days after receipt of final briefs, after which time the Commission shall not further delay a decision. Once a majority position is established, the Secretary shall notify in writing any Commissioners who have not voted that a majority position has been established. Any Commissioners who have not yet voted shall vote within three days of the Secretary’s notice or be considered by the Secretary as not participating. (2) Not later than 30 days after a majority position is established, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. If a majority position is not established due to a tied vote, not later than 30 days after Commission voting is complete, the Commission shall publish any resulting decision, including adjudicatory orders and direction to agency staff. 203. Allegations of wrongdoing (a) Referral to inspector general Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall revise its procedures to ensure that any allegation of wrongdoing on the part of the Chairman of the Commission is immediately referred to the Inspector General of the Commission. (b) Supervision of inspector general During the pendency of any investigation by the Inspector General of the Chairman with respect to an allegation described in subsection (a), the Chairman shall delegate responsibility for supervising the Inspector General to a member of the Commission other than the Chairman, consistent with the Inspector General Act of 1978. 204. Approval of Commissioner travel The Chairman of the Nuclear Regulatory Commission shall authorize all international travel requested by other members of the Commission for official business unless the Chairman submits a notice of disapproval to the full Commission specifying the basis for the disapproval. The notice of disapproval shall be submitted within 5 days after the travel is requested or the travel shall be deemed approved. 205. Implementation Except as otherwise specified in this Act, the Commission shall revise its procedures to conform to this Act within 180 days of its date of enactment.

https://www.govinfo.gov/content/pkg/BILLS-113hr3132ih/xml/BILLS-113hr3132ih.xml

113-hr-3133

I 113th CONGRESS 1st Session H. R. 3133 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Labrador (for himself, Mr. Pitts , Mrs. Hartzler , Mr. McIntyre , Mr. Scalise , Mr. Franks of Arizona , Mr. Meadows , Mr. Fleming , Mr. Lipinski , Mr. Garrett , Mr. Bridenstine , Mr. Daines , Mr. Boustany , Mrs. Bachmann , Mrs. Wagner , Mr. Brady of Texas , Mr. Collins of New York , Mr. Pearce , Mr. Walberg , Mrs. Black , Mr. Hultgren , Mr. Broun of Georgia , Mr. Harper , Mr. Cassidy , Mr. Cramer , Mr. Aderholt , Mr. Mulvaney , Mr. Bishop of Utah , Mr. Rokita , Mr. Sanford , Mr. Marino , Mr. Long , Mr. Graves of Georgia , Mr. Sessions , Mr. Flores , Mr. Duncan of South Carolina , Mr. Jordan , Mr. Weber of Texas , Mr. Huizenga of Michigan , Mr. Stutzman , Mr. Kingston , Mr. LaMalfa , Mr. Salmon , Mr. Cotton , Mr. Kelly of Pennsylvania , Mr. Fortenberry , Mr. Harris , Mr. Miller of Florida , Mr. Bentivolio , Mr. Hall , Mr. Rogers of Alabama , Mr. Lamborn , Mr. Palazzo , Mr. Rothfus , Mr. Roe of Tennessee , Mr. Chaffetz , Mr. Gohmert , Mr. Stewart , Mr. Smith of New Jersey , Mr. Chabot , Mr. Southerland , Mr. Jones , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 prevent adverse treatment of any person on the basis of views held with respect to marriage. 1. Short title This Act may be cited as the Marriage and Religious Freedom Act . 2. Findings Congress finds the following: (1) Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be legislatively addressed. (2) As the President stated in response to the decision of the United States Supreme Court on the Defense of Marriage Act in 2013, Americans hold a wide range of views on the issue of same-sex marriage, and maintaining our Nation’s commitment to religious freedom is vital . (3) Protecting religious freedom from Government intrusion is a Government interest of the highest order. Legislatively enacted measures advance this interest by remedying, deterring, and preventing Government interference with religious exercise in a way that complements the protections mandated by the First Amendment to the United States Constitution. (4) Laws that protect the free exercise of religious beliefs about marriage will encourage private citizens and institutions to demonstrate similar tolerance and therefore contribute to a more respectful, diverse, and peaceful society. 3. Protection of the free exercise of religious beliefs (a) In general The Federal Government shall not take an adverse action against a person, on the basis that such person acts in accordance with a religious belief that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage. (b) Adverse action defined As used in subsection (a), an adverse action means any action taken by the Federal Government— (1) acting through the Administrator of the Internal Revenue Service, to— (A) deny or revoke an exemption from taxation under section 501 of the Internal Revenue Code of 1986 of such person; or (B) disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person; (2) to deny or exclude such person from receiving any Federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or other similar position or status; (3) to deny or withhold from such person any benefit under a Federal benefit program; or (4) to otherwise discriminate against such person. 4. Judicial relief (a) Cause of action A person may assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief against the Federal Government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Attorneys’ fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by inserting Marriage and Religious Freedom Act, after the Religious Land Use and Institutionalized Persons Act of 2000, . (c) Authority of United States To enforce this act The Attorney General of the United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. 5. Rules of construction (a) Broad construction This Act shall be construed in favor of a broad protection of religious beliefs, to the maximum extent permitted by the terms of this Act and the Constitution. (b) No preemption, repeal, or narrow construction Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious beliefs as, or more protective of religious beliefs than, this Act. Nothing in this Act shall be considered to construe any State or Federal law protecting religious beliefs more narrowly than such law otherwise would be construed. (c) Severability If any provision of this Act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 6. Definitions In this Act: (1) Federal benefit program The term Federal benefit program has the meaning given that term in section 552a of title 5, United States Code. (2) Federal Government The term Federal Government includes a branch, department, agency, instrumentality, or official of the United States. (3) Person The term person has the meaning given such term in section 1 of title 1, United States Code, and includes any person regardless of religious affiliation or lack thereof, and regardless of for-profit or nonprofit status.

https://www.govinfo.gov/content/pkg/BILLS-113hr3133ih/xml/BILLS-113hr3133ih.xml

113-hr-3134

I 113th CONGRESS 1st Session H. R. 3134 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Kelly of Pennsylvania 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 charitable contributions made by an individual after the close of the taxable year, but before the tax return due date, to be treated as made in such taxable year. 1. Short title This Act may be cited as the Charitable Giving Extension Act . 2. Extension of time for making charitable contributions (a) In general Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) Treatment of charitable contributions made by individuals before due date of return If any charitable contribution is made by an individual after the close of a taxable year but not later than the due date (determined without regard to extensions) for the return of tax for such taxable year, then the taxpayer may elect to treat such charitable contribution as made in such taxable year. Such election may be made only at the time of the filing of such return of tax and shall be signified in such manner as the Secretary may provide. . (b) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3134ih/xml/BILLS-113hr3134ih.xml

113-hr-3135

I 113th CONGRESS 1st Session H. R. 3135 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Pocan (for himself, Ms. Ros-Lehtinen , Mr. Connolly , Mr. Hanna , Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Mrs. Capps , Mr. Cartwright , Ms. Chu , Mr. Cicilline , Mr. Cohen , Mr. Cummings , Ms. DelBene , Mr. Doyle , Ms. Edwards , Ms. Esty , Ms. Fudge , Mr. Grijalva , Mr. Honda , Mr. Johnson of Georgia , Ms. Kaptur , Ms. Lee of California , Mr. Lewis , Mr. Lynch , Mrs. Carolyn B. Maloney of New York , Ms. Matsui , Mr. McGovern , Mr. Michaud , Ms. Moore , Mr. Moran , Mr. Murphy of Florida , Ms. Pingree of Maine , Mr. Polis , Mr. Quigley , Mr. Rangel , Mr. Rush , Mr. Sarbanes , Ms. Schakowsky , Mr. Schneider , Ms. Schwartz , Mr. Serrano , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Takano , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Vargas , Ms. Velázquez , Mr. Walz , Mr. Waxman , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Education and the Workforce , House Administration , 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 provide certain benefits to domestic partners of Federal employees. 1. Short title; references; table of contents (a) Short title This Act may be cited as the Domestic Partnership Benefits and Obligations Act of 2013 . (b) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; references; table of contents. Title I—Domestic partnerships Sec. 101. Domestic partnerships. Title II—Civil Service Retirement System Sec. 201. Definitions. Sec. 202. Creditable service. Sec. 203. Computation of annuity. Sec. 204. Cost-of-living adjustment of annuities. Sec. 205. Survivor annuities. Sec. 206. Lump-sum benefits; designation of beneficiary; order of precedence. Sec. 207. Alternative forms of annuities. Sec. 208. Administration; regulations. Sec. 209. Participation in the Thrift Savings Plan. Title III—Federal Employees’ Retirement System Sec. 301. Definitions. Sec. 302. Creditable service. Sec. 303. Survivor reduction for a current spouse or a current domestic partner. Sec. 304. Survivor reduction for a former spouse or former domestic partner. Sec. 305. Survivor elections; deposit; offsets. Sec. 306. Survivor reductions; computation. Sec. 307. Insurable interest reductions. Sec. 308. Alternative forms of annuities. Sec. 309. Lump-sum benefits; designation of beneficiary; order of precedence. Sec. 310. Annuities: methods of payment; election; purchase. Sec. 311. Protections for spouses, domestic partners, former spouses, and former domestic partners. Sec. 312. Justices and judges. Sec. 313. Survivor annuities: definitions. Sec. 314. Rights of a widow, widower, or surviving partner. Sec. 315. Rights of a former spouse or former domestic partner. Sec. 316. Authority of the Office of Personnel Management. Sec. 317. Cost-of-living adjustments. Sec. 318. Fiduciary responsibilities; liability and penalties. Title IV—Insurance benefits Sec. 401. Life insurance. Sec. 402. Health insurance. Sec. 403. Enhanced dental benefits. Sec. 404. Enhanced vision benefits. Sec. 405. Long-term care insurance. Title V—Travel, transportation, and subsistence Sec. 501. Reimbursement for taxes incurred on money received for travel expenses. Sec. 502. Relocation expenses of employees transferred or reemployed. Sec. 503. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred. Sec. 504. Relocation expenses of an employee who is performing an extended assignment. Title VI—Compensation for work injuries Sec. 601. Definitions. Sec. 602. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force. Sec. 603. Beneficiaries of awards unpaid at death; order of precedence. Sec. 604. Augmented compensation for dependents. Sec. 605. Limitations on right to receive compensation. Sec. 606. Compensation in case of death. Sec. 607. Lump-sum payment. Sec. 608. Regulations. Sec. 609. Effective date. Title VII—Provisions relating to employment of relatives and other matters Sec. 701. Employment of relatives; restrictions. Sec. 702. Settlement of accounts. Sec. 703. Benefits for captives. Sec. 704. Compensation for disability or death. Sec. 705. Family and medical leave. Title VIII—Additional provisions Sec. 801. Applicability. Sec. 802. Regulations. Title IX—Amendment to the Ethics in Government Act of 1978 Sec. 901. Amendment to the Ethics in Government Act of 1978. Title X—Reporting requirements Sec. 1001. Report of the President. Sec. 1002. GAO report. I Domestic partnerships 101. Domestic partnerships (a) In general Chapter 21 is amended by adding at the end the following: 2110. Domestic partnerships (a) Establishment To establish the existence of a domestic partnership, between an employee, former employee, or annuitant and another individual, for purposes of the provisions of law to which this section applies, the employee, former employee, or annuitant (as the case may be) shall be required to file an affidavit, in such form and manner as the Office of Personnel Management shall by regulation prescribe, attesting to the following: (1) Both individuals are members of the same sex. (2) Both individuals are at least 18 years of age and competent to contract. (3) The filing employee, former employee, or annuitant (as the case may be) has notified the other individual of the filing of the affidavit attesting that their partnership satisfies the requirements of this subsection. (4) Such individuals are in a domestic partnership with one another and intend to remain so indefinitely. (5) Such individuals— (A) have a common residence; or (B) do not have a common residence because of financial, employment-related, or other reasons, as identified in the affidavit. (6) Neither individual is married to or in a domestic partnership with anyone outside of the domestic partnership referred to in paragraph (4). (7) The 2 individuals share responsibility for a significant measure of each other’s common welfare and financial obligations. (8) The 2 individuals are not related in a way that, if they were of the opposite sex, would prohibit legal marriage in any jurisdiction in which the individuals have a common residence. (9) Neither individual resides in a covered State. (10) The filing employee, former employee, or annuitant (as the case may be) understands that willful falsification of information set forth in the affidavit or failure to provide appropriate notification of the termination of the domestic partnership may lead to the recovery of amounts obtained as a result of such falsification or failure (as the case may be), criminal or other penalties, and (in appropriate cases) disciplinary action. An affidavit shall not be effective for purposes of establishing the existence of a domestic partnership under this section unless the filing individual is an employee, former employee, or annuitant as of the time of filing. No two individuals shall, for purposes of the provisions of law to which this section applies, be treated as being in a domestic partnership with one another unless there is in effect, in accordance with regulations prescribed by the Office, an affidavit filed in accordance with the preceding provisions of this subsection. (b) Termination (1) In general A domestic partnership established under subsection (a) terminates— (A) upon the death of either domestic partner; (B) if the condition set forth in subsection (a)(9) has ceased to exist for a period of 6 months; or (C) upon the occurrence of such other terminating event or condition as the Director may by regulation prescribe. (2) Notification (A) In general If a domestic partnership terminates, either or both of the domestic partners shall, within 30 days after the date as of which such partnership terminates, execute and file a notification, in such form and in such manner the Director shall by regulation prescribe, stating— (i) that the partnership has terminated; (ii) the date as of which the partnership terminated; and (iii) the event or condition pursuant to which termination occurred. (B) Regulations Regulations to carry out this subsection shall include provisions— (i) for determining the date as of which a domestic partnership terminates by reason of each subparagraph of paragraph (1); and (ii) under which, one’s place of permanent residence (as defined in such regulations) shall be used for purposes of applying paragraph (1)(B). (c) Domestic partner defined For purposes of the provisions of law to which this section applies, the term domestic partner means an individual who is in a domestic partnership, as described in subsection (a). (d) Other definitions For purposes of this section— (1) the term employee means an employee as defined by section 2105, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard (as described in section 2105(c)), an employee of the United States Postal Service or of the Postal Regulatory Commission (as described in section 2105(e)), a Member of Congress, a member of the commissioned corps of the Public Health Service, a member of the commissioned corps of the National Oceanic and Atmospheric Administration, and any other individual who is employed by the Government (as determined under regulations of the President or a designee thereof), but does not include a technician (within the meaning of section 8337(h)) or, notwithstanding any provision of chapter 43 of title 38, a member of the armed forces; (2) the term annuitant means— (A) an annuitant within the meaning of section 8331 or 8401; and (B) as determined under regulations prescribed by the President or a designee thereof, any other individual who is entitled to benefits (based on the service of such individual) under a retirement system for employees of the Government; (3) the term covered State means a State, foreign country, or political subdivision of a foreign country in which a marriage between 2 individuals of the same sex is recognized under the law of such State, country, or political subdivision; and (4) the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (e) Confidentiality No individual may— (1) use the information obtained under subsection (a) for any purpose other than the administration of any provision of law to which this section applies; or (2) furnish any information obtained under subsection (a) to anyone, or permit anyone to examine or otherwise gain access to any such information, except for— (A) an individual who needs such information for a purpose that satisfies paragraph (1); or (B) a member of the domestic partnership to which the information pertains or an authorized representative thereof. (f) Applicability This section applies for purposes of the provisions of this title (excluding chapter 81) and any provision of law identified in or under title VIII of the Domestic Partnership Benefits and Obligations Act of 2013 . . (b) Clerical amendment The table of sections for chapter 21 is amended by adding at the end the following: 2110. Domestic partnerships. . II Civil Service Retirement System 201. Definitions (a) Former spouse Subparagraph (B) of section 8331(23) is amended to read as follows: (B) if the former spouse— (i) was married to such individual for at least 9 months; or (ii) was in a domestic partnership with the individual immediately before a marriage to such individual, and the combined duration of the domestic partnership and marriage was at least 9 months; . (b) Former domestic partner Section 8331 is amended— (1) in paragraph (31), by striking and at the end; (2) in paragraph (32), by striking the period and inserting ; and ; and (3) by adding at the end the following: (33) former domestic partner means a former domestic partner of an individual— (A) if such individual performed at least 18 months of civilian service as an employee or Member; and (B) if the former domestic partner— (i) was in a domestic partnership with such individual for at least 9 months; or (ii) was married to such individual immediately after being in a domestic partnership with such individual, and the combined duration of the marriage and domestic partnership was at least 9 months. . 202. Creditable service Section 8332 is amended— (1) in subsection (c)(3)(C)(ii), by striking former spouse. and inserting former spouse or former domestic partner. ; and (2) in paragraphs (4) and (5) of subsection (o), by striking spouse each place it appears and inserting spouse, domestic partner, . 203. Computation of annuity Section 8339 is amended— (1) in subsection (j)— (A) in paragraph (1)— (i) by inserting (or domestic partner) after the spouse each place it appears; (ii) by inserting (or has a domestic partner) after is married ; and (iii) by inserting (or domestic partner’s) after the spouse’s each place it appears; (B) in paragraph (2), by inserting (or former domestic partner) after former spouse each place it appears; (C) in paragraph (3)— (i) in the first sentence— (I) by inserting (or former domestic partner) after former spouse each place it appears; and (II) by inserting (or being in a domestic partnership with) after based on marriage to ; (ii) in the second sentence— (I) by inserting (or the domestic partnership of the former domestic partner with) after the marriage of the former spouse to ; and (II) by striking is dissolved, and inserting is dissolved (or terminated), ; (iii) in the sixth sentence, by striking former spouse. and inserting former spouse (or former domestic partner). ; (iv) in subparagraph (B)— (I) by striking is then married, and inserting is then married (or is then in a domestic partnership), ; and (II) by striking the spouse’s written consent. and inserting the written consent of the spouse (or domestic partner). ; and (v) by amending the next to last sentence to read as follows: In the case of a retired employee or Member whose annuity is being reduced in order to provide a survivor annuity for a former spouse (or former domestic partner), an election to provide or increase a survivor annuity for any other former spouse (or any other former domestic partner), and to continue an appropriate reduction for that purpose, may be made within the same period that, and subject to the same conditions under which, an election could be made under paragraph (5)(B) for a current spouse (or a current domestic partner), subject to the provisions of this paragraph relating to consent of a current spouse (or of a current domestic partner), if the retired employee or Member is then married (or in a domestic partnership). ; and (D) by amending paragraph (5) to read as follows: (5) (A) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse (or the current domestic partner) of a retired employee or Member shall be terminated for each full month— (i) after the death of the spouse (or domestic partner), or (ii) after the dissolution of the marriage of the spouse (or the termination of the domestic partnership of the domestic partner) to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse (or domestic partner) is entitled, as a former spouse (or former domestic partner), to a survivor annuity under section 8341(h). (B) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse (or a former domestic partner) of a retired employee or Member shall be terminated for each full month after the former spouse remarries (or the former domestic partner enters into a subsequent domestic partnership) before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) if the retired employee or Member has (i) another former spouse (or another former domestic partner) who is entitled to a survivor annuity under section 8341(h), (ii) a current spouse to whom the employee or Member was married (or a current domestic partner with whom the employee or Member was in a domestic partnership) at the time of retirement and with respect to whom a survivor annuity was not jointly waived under paragraph (1), or (iii) a current spouse whom the employee or Member married (or a current domestic partner with whom the employee or Member entered into domestic partnership) after retirement and with respect to whom an election has been made under subparagraph (C) or subsection (k)(2). (C) (i) Upon remarriage (or entry into a subsequent domestic partnership), a retired employee or Member who was married (or in a domestic partnership) at the time of retirement, including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member's spouse or former spouse (or domestic partner or former domestic partner) as of the time of retirement, may irrevocably elect during such marriage (or domestic partnership), in a signed writing received by the Office— (I) within 2 years after such remarriage (or such subsequent domestic partnership), or (II) if later, within 2 years after— (aa) the death or remarriage of any former spouse (or the death of or entry into a subsequent domestic partnership by any former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8341(h), or (bb) if there was more than 1, the death or remarriage of the last such surviving former spouse (or the death of or entry into a subsequent domestic partnership by the last such surviving former domestic partner), a reduction in the employee’s or Member's annuity under paragraph (4) for the purpose of providing an annuity for such employee’s or Member's spouse (or domestic partner) in the event such spouse (or domestic partner) survives the employee or Member. (ii) Such election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage (or entry into the subsequent domestic partnership), and the retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such retired employee or Member would have been reduced if the election had been in effect since the date of retirement or, if later, the date the previous reduction in such retired employee’s or Member's annuity was terminated under subparagraph (A) or (B), plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which an annuity would have been reduced if the election had been in effect on and after the applicable date referred to in such sentence shall be 6 percent. (iii) The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except that total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this clause, which shall be effective on the same date as the election under clause (i), shall be permanent and unaffected by any future dissolution of the marriage (or termination of the domestic partnership). Such reduction shall be independent of and in addition to the reduction required under clause (i). (iv) Notwithstanding any other provision of this subparagraph, an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage (or a domestic partner by a subsequent domestic partnership) if such spouse was married to (or if such domestic partner was in a domestic partnership with) the employee or Member at the time of such employee’s or Member's retirement, and all rights to survivor benefits for such spouse (or domestic partner) under this subchapter based on marriage (or domestic partnership) to such employee or Member were then waived under paragraph (1) or a similar prior provision of law. (v) An election to provide a survivor annuity to a person under this subparagraph— (I) shall prospectively void any election made by the employee or Member under subsection (k)(1) with respect to such person; or (II) shall, if an election was made by the employee or Member under such subsection (k)(1) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subparagraph. (vi) The deposit provisions of clauses (ii) and (iii) shall not apply if— (I) the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(1); and (II) the election under subsection (k)(1) becomes void under clause (v). ; (2) in subsection (k)— (A) in paragraph (1)— (i) by striking a married employee or Member and inserting an employee or Member who is married (or in a domestic partnership) ; and (ii) by inserting (or domestic partner) after spouse each place it appears; and (B) in paragraph (2)— (i) by striking the matter before subparagraph (B) and inserting the following: (2) (A) An employee or Member, who is unmarried (and not in a domestic partnership) at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to such employee’s or Member's spouse (or domestic partner) and who later marries (or enters into a domestic partnership), may irrevocably elect, in a signed writing received in the Office— (i) within 2 years after such employee or Member marries (or enters into a domestic partnership), or (ii) if later, within 2 years after— (I) the death or remarriage of any former spouse (or the death of or entry into a subsequent domestic partnership by any former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8341(h), or (II) if there was more than 1, the death (or entry into a subsequent domestic partnership) by the last such surviving former spouse (or surviving former domestic partner), a reduction in the retired employee or Member's current annuity as provided in subsection (j). ; (ii) in subparagraph (B)(i) (in the matter before subclause (I)), by striking marriage. and inserting marriage (or entry into a domestic partnership). ; (iii) in subparagraph (B)(ii), by inserting (or in a domestic partnership) after married ; and (iv) in subparagraph (C), by striking marriage. and inserting marriage (or domestic partnership). ; and (3) in subsection (o)(1)— (A) in subparagraphs (A)(i) and (B)(i), by striking is married, and inserting is married (or is in a domestic partnership), ; and (B) in subparagraph (A) (in the matter following clause (ii)), by inserting (or domestic partner) after spouse . 204. Cost-of-living adjustment of annuities Section 8340 is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ; and ; and (C) by adding at the end the following: (3) the terms widow , widower , and surviving partner have the respective meanings given them under section 8341. ; and (2) in subsection (c)(1)— (A) in the matter before subparagraph (A), by striking all after who retires, and before of a deceased annuitant and inserting to the widow, widower, or former spouse (or the surviving partner or former domestic partner) of a deceased employee or Member, or to the widow, widower, or former spouse (or the surviving partner or former domestic partner), or insurable interest designee ; and (B) in subparagraph (B)(ii), by striking a widow, widower, former spouse, or insurable interest designee and inserting a widow, widower, or former spouse (or surviving partner or former domestic partner) or insurable interest designee . 205. Survivor annuities Section 8341 is amended— (1) in subsection (a)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) widow means the surviving wife of an employee or Member who— (A) was married to such employee or Member for at least 9 months immediately before the death of such employee or Member; (B) was married to such employee or Member immediately before the death of such employee or Member, was in a domestic partnership with such employee or Member immediately before the marriage to such employee or Member, and the combined duration of the domestic partnership and marriage was at least 9 months; or (C) is the mother of issue by the marriage referred to in subparagraph (A) or (B), as the case may be; (2) widower means the surviving husband of an employee or Member who— (A) was married to such employee or Member for at least 9 months immediately before the death of such employee or Member; (B) was married to such employee or Member immediately before the death of such employee or Member, was in a domestic partnership with such employee or Member immediately before the marriage to such employee or Member, and the combined duration of the domestic partnership and marriage was at least 9 months; or (C) is the father of issue by the marriage referred to in subparagraph (A) or (B), as the case may be; ; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (2) the following: (3) surviving partner means the surviving domestic partner of an employee or Member who— (A) was in a domestic partnership with such employee or Member for at least 9 months immediately before the death of such employee or Member; or (B) satisfies such other requirement, based on parenthood, as the Office of Personnel Management shall by regulation prescribe based on the definition of a widow or widower under this section; ; and (D) in paragraph (5) (as so redesignated by subparagraph (B))— (i) in subparagraph (A), by inserting (or surviving domestic partner) after the surviving spouse ; and (ii) by adding at the end the following: The Office shall prescribe regulations to provide that, for purposes of applying the provisions of paragraph (5)(A)(ii) (relating to the treatment of a stepchild) in the case of a domestic partnership, rules similar to those prescribed to carry out section 8901(5)(B) in similar circumstances shall apply. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; and (ii) by striking remarriage, and inserting remarriage (or entry into a subsequent domestic partnership) ; (B) in paragraph (2)— (i) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; and (ii) by inserting (or in a domestic partnership with) after married to ; (C) in paragraph (3)— (i) in the matter before subparagraph (A), by inserting (or domestic partner) after spouse ; (ii) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; and (iii) in subparagraph (B), by inserting (or enters into a subsequent domestic partnership) after remarries ; and (D) in paragraph (4)— (i) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; and (ii) in subparagraph (B), by inserting (or former domestic partner) after former spouse ; (3) in subsection (d)— (A) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; (B) in subparagraph (B), by inserting (or former domestic partner) after former spouse ; and (C) in clause (ii), by inserting (or enters into a subsequent domestic partnership) after remarries ; (4) in subsection (e)— (A) by striking the matter before paragraph (2) and inserting the following: (e) (1) For the purposes of this subsection— (A) the term former spouse includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter; and (B) the term former domestic partner includes a former domestic partner who was in a domestic partnership with an employee or Member for less than 9 months and a former domestic partner of an employee or Member who completed less than 18 months of service covered by this subchapter. ; (B) in paragraph (2), by striking a spouse or a former spouse each place it appears and inserting a spouse or former spouse (or a domestic partner or former domestic partner) ; (C) in paragraph (3)— (i) in subparagraph (E), by striking dies or marries; and inserting dies, marries, or enters into a domestic partnership; ; and (ii) in the matter following subparagraph (E)— (I) by inserting (or domestic partner or former domestic partner) after spouse or former spouse ; and (II) by striking spouse, former spouse, or child and inserting spouse or former spouse (or domestic partner or former domestic partner) or child, ; and (D) in paragraph (4), by striking marriage, then, if such marriage and inserting marriage, then, if such marriage (or a domestic partnership, then, if such domestic partnership) ; (5) by striking subsection (f) and inserting the following: (f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived by a spouse to whom married (or a domestic partner to whom in a domestic partnership) at the date of separation, the surviving spouse (or surviving partner)— (1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the surviving spouse dies or remarries (or the surviving domestic partner dies or enters into a subsequent domestic partnership); or (2) may elect to receive the lump-sum credit instead of annuity if the spouse (or domestic partner) is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity. Notwithstanding the preceding sentence, an annuity payable under this subsection to the surviving spouse (or surviving domestic partner) of a Member may not exceed the difference between— (A) the annuity which would otherwise be payable to such surviving spouse (or such surviving domestic partner) under this subsection, and (B) the amount of the survivor annuity payable to any former spouse (or any former domestic partner) of such Member under subsection (h). ; (6) by striking subsection (g) and inserting the following: (g) In the case of a surviving spouse (or surviving domestic partner) whose annuity under this section is terminated because of remarriage (or entry into a subsequent domestic partnership) before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage (or subsequent domestic partnership) is dissolved by death, annulment, or divorce (or terminated), if— (1) the surviving spouse (or surviving domestic partner) elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage (or subsequent domestic partnership); and (2) any lump sum paid on termination of the annuity is returned to the Fund. ; (7) by striking subsection (h) and inserting the following: (h) (1) Subject to paragraphs (2) through (5), a former spouse (or former domestic partner) of a deceased employee, Member, annuitant, or former Member who was separated from the service with title to a deferred annuity under section 8338(b) is entitled to a survivor annuity under this subsection, if and to the extent expressly provided for in an election under section 8339(j)(3), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. (2) (A) The annuity payable to a former spouse (or former domestic partner) under this subsection may not exceed the difference between— (i) the amount applicable in the case of such former spouse (or former domestic partner), as determined under subparagraph (B), and (ii) the amount of any annuity payable under this subsection to any other former spouse (or former domestic partner) of the employee, Member, or annuitant, based on an election previously made under section 8339(j)(3), or a court order previously issued. (B) The applicable amount, for purposes of subparagraph (A)(i) in the case of a former spouse (or former domestic partner), is the amount which would be applicable— (i) under subsection (b)(4)(A) in the case of a widow or widower (or surviving partner), if the deceased was an employee or Member who died after retirement; (ii) under subparagraph (A) of subsection (d) in the case of a widow or widower (or surviving partner), if the deceased was an employee or Member described in the first sentence of such subsection; or (iii) under subparagraph (A) of subsection (f) in the case of a surviving spouse (or surviving domestic partner), if the deceased was a Member described in the first sentence of such subsection. (3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity— (A) shall not commence before— (i) the day after the employee, Member, or annuitant dies, or (ii) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe, whichever is later, and (B) shall terminate— (i) except as provided in subsection (k), in the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B), no later than the last day of the month before the former spouse remarries (or former domestic partner enters into a subsequent domestic partnership) before becoming 55 years of age or dies; or (ii) in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies (or the former domestic partner enters into a subsequent domestic partnership or dies). (4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) shall not be effective— (A) if such modification is made after the retirement or death of the employee or Member concerned, and (B) to the extent that such modification involves an annuity under this subsection. (5) For purposes of this subchapter, a decree, order, agreement, or election referred to in paragraph (1) shall not be effective, in the case of a former spouse (or former domestic partner), to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse (or former domestic partner) under section 8339(j)(1) or a similar prior provision of law. (6) Any payment under this subsection to a person bars recovery by any other person. (7) As used in this subsection, court means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court. ; (8) by striking subsection (i) and inserting the following: (i) (1) The requirement— (A) in subsection (a)(1) or (a)(2) that the widow or widower of an employee or Member have been— (i) married to such employee or Member for at least 9 months, or (ii) married to such employee or Member after having been in a domestic partnership with such employee or Member for a combined total of at least 9 months, immediately before the employee’s or Member’s death in order to qualify as the widow or widower of such employee or Member, or (B) in subsection (a)(3) that the surviving partner of an employee or Member have been in a domestic partnership with such employee or Member immediately before the employee’s or Member’s death in order to qualify as the surviving partner of such employee or Member, shall be deemed satisfied if the employee or Member dies within the applicable 9-month period, and either of the conditions described in paragraph (2) is met. (2) The alternative conditions described in this paragraph are the following: (A) The death of the employee or Member was accidental. (B) The surviving widow or widower (or surviving domestic partner) of such individual was previously in a marriage (or a domestic partnership) with the individual that was subsequently dissolved (or terminated), and the aggregate time married (or in a domestic partnership) is at least 9 months. ; and (9) by redesignating subsection (k) as subsection (j) and amending such subsection to read as follows: (j) (1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i), to the extent that they provide for termination of a survivor annuity because of a remarriage (or entry into a subsequent domestic partnership) before age 55, shall not apply if the widow, widower or former spouse was married to (or if the surviving partner or former domestic partner was in a domestic partnership with) the individual on whose service the survivor annuity is based for at least 30 years or a combined total of at least 30 years. (2) A remarriage (or entry into a subsequent domestic partnership) described in paragraph (1) shall not be taken into account for purposes of subparagraph (B) or (C) of section 8339(j)(5) or any other provision of this chapter which the Director of the Office of Personnel Management may by regulation identify in order to carry out the purposes of this subsection. . 206. Lump-sum benefits; designation of beneficiary; order of precedence Section 8342 is amended— (1) in subsection (c), by inserting (or surviving partner) after widow or widower ; and (2) in subsection (j)— (A) in paragraph (1)(A), by inserting (or the domestic partner, if any, and any former domestic partner) after the spouse, if any, and any former spouse ; and (B) by inserting (or domestic partner or former domestic partner) after spouse or former spouse each place it appears. 207. Alternative forms of annuities Section 8343a is amended— (1) in subsection (b)(2), by inserting (or in a domestic partnership) after married ; (2) in subsection (b)(2)(B), by inserting (or surviving domestic partner) after surviving spouse ; and (3) in subsection (e), by inserting (or in a domestic partnership) after married . 208. Administration; regulations Section 8347(n)(1)(D) is amended by striking their spouses, and their former spouses and inserting their spouses, domestic partners, former spouses, and former domestic partners . 209. Participation in the Thrift Savings Plan Section 8351(b)(5) is amended— (1) in subparagraphs (A), (B), and (C), by inserting (or domestic partner) after spouse each place it appears; (2) in subparagraph (B), by striking a married employee or Member and inserting an employee or Member who is married (or in a domestic partnership) ; and (3) in subparagraph (D), by inserting (or domestic partner or former domestic partner) after spouse or former spouse . III Federal Employees’ Retirement System 301. Definitions (a) Former spouse Subparagraph (B) of section 8401(12) is amended to read as follows: (B) if the former spouse— (i) was married to such individual for at least 9 months; or (ii) was in a domestic partnership with the individual immediately before a marriage to such individual, and the combined duration of the domestic partnership and marriage was at least 9 months; . (b) Former domestic partner Section 8401 is amended— (1) in paragraph (36), by striking and at the end; (2) in paragraph (37), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (38) former domestic partner means a former domestic partner of an individual— (A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and (B) if the former domestic partner— (i) was in a domestic partnership with such individual for at least 9 months; or (ii) was married to such individual immediately after being in a domestic partnership with such individual, and the combined duration of the marriage and domestic partnership was at least 9 months. . 302. Creditable service Section 8411 is amended— (1) in subsection (c)(4)(C)(ii), by inserting (or former domestic partner) after former spouse ; (2) in subsection (l)(4)(B)(i), by inserting (or domestic partner) after spouse ; and (3) in subsection (l)(5), by inserting (or domestic partner) after spouse each place it appears. 303. Survivor reduction for a current spouse or a current domestic partner (a) In general Section 8416 is amended— (1) in the heading, by inserting or a current domestic partner after spouse ; (2) in subsection (a)— (A) by inserting (or in a domestic partnership) after married each place it appears; (B) by inserting (or domestic partner) after spouse each place it appears; and (C) by inserting (or domestic partner’s) after spouse’s each place it appears; (3) by amending subsection (b) to read as follows: (b) (1) Upon remarriage (or entry into a subsequent domestic partnership), a retired employee or Member who was married (or in a domestic partnership) at the time of retirement, including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member’s spouse or former spouse (or domestic partner or former domestic partner) as of the time of retirement, may irrevocably elect during such marriage (or domestic partnership), in a signed writing received by the Office— (A) within 2 years after such remarriage (or entry into a subsequent domestic partnership), or (B) if later, within 2 years after— (i) the death or remarriage of any former spouse (or the death of or entry into a subsequent domestic partnership by any former domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8445, or (ii) if there was more than 1, the death or remarriage of the last such surviving former spouse (or the death of or entry into a subsequent domestic partnership by the last such surviving former domestic partner), a reduction in the employee’s or Member’s annuity under section 8419(a) for the purpose of providing an annuity for such employee’s or Member’s spouse (or domestic partner) in the event such spouse (or domestic partner) survives the employee or Member. (2) The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage (or entry into the subsequent domestic partnership). (3) An election to provide a survivor annuity to an individual under this subsection— (A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or (B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection. (4) Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if— (A) the employee or Member was married to (or in a domestic partnership with) such individual at the time of retirement; and (B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a). ; (4) in subsection (c)— (A) by striking the matter before paragraph (2) and inserting the following: (c) (1) An employee or Member who is unmarried (and not in a domestic partnership) at the time of retiring under this chapter and who later marries (or enters into a domestic partnership) may irrevocably elect, in a signed writing received by the Office— (A) within 2 years after such employee or Member marries (or enters into a domestic partnership), or (B) if later, within 2 years after— (i) the death or remarriage of any former spouse (or the death of or entry into a subsequent domestic partnership by any domestic partner) of such employee or Member who was entitled to a survivor annuity under section 8445, or (ii) if more than 1, the death or remarriage of the last such surviving former spouse (or the death of or the entry into a subsequent domestic partnership by the last such surviving domestic partner), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a). ; and (B) in paragraph (2), by striking marriage. and inserting marriage (or domestic partnership). ; and (5) in subsection (d)(1)— (A) by inserting (or in a domestic partnership) after married ; and (B) by inserting (or domestic partner) after spouse each place it appears. (b) Clerical amendment The table of sections for chapter 84, is amended by striking the item relating to section 8416 and inserting the following: 8416. Survivor reduction for a current spouse or a current domestic partner. . 304. Survivor reduction for a former spouse or former domestic partner (a) In general Section 8417 is amended— (1) in the heading, by inserting or a former domestic partner after former spouse ; (2) in subsection (a), by inserting (or a former domestic partner) after former spouse ; and (3) in subsection (b)— (A) in paragraph (1), by inserting (or former domestic partner) after former spouse each place it appears; (B) by amending paragraph (2) to read as follows: (2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved (or the domestic partnership is terminated) after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved (or the domestic partnership of the former domestic partner with the employee or Member is so terminated). ; and (C) in paragraph (3)— (i) in subparagraph (A)(ii), by inserting (or a surviving partner) after a widow or widower ; and (ii) by amending subparagraph (B) to read as follows: (B) shall not be effective, in the case of an employee or Member who is then married (or in a domestic partnership), unless it is made with the spouse’s (or domestic partner’s) written consent. . (b) Clerical amendment The table of sections for chapter 84 of title 5, United States Code, is amended by striking the item relating to section 8417 and inserting the following: 8417. Survivor reduction for a former spouse or a former domestic partner. . 305. Survivor elections; deposit; offsets Section 8418(b) is amended— (1) by inserting (or domestic partnership) after marriage ; and (2) by striking former spouse. and inserting former spouse (or former domestic partner). . 306. Survivor reductions; computation Section 8419 is amended— (1) in subsection (a), by inserting (or domestic partner) after spouse each place it appears; and (2) by amending subsection (b) to read as follows: (b) (1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse (or current domestic partner) of a retired employee or Member shall be terminated for each full month— (A) after the death of the spouse (or domestic partner); or (B) after the dissolution of the spouse’s marriage to (or the termination of the domestic partner’s domestic partnership with) the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse (or domestic partner) is entitled, as a former spouse (or former domestic partner), to a survivor annuity under section 8445. (2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse (or former domestic partner) of a retired employee or Member shall be terminated for each full month after the former spouse remarries (or the former domestic partner enters into a subsequent domestic partnership) before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has— (A) another former spouse (or former domestic partner) who is entitled to a survivor annuity under section 8445; (B) a current spouse to whom the employee or Member was married (or a current domestic partner with whom the employee or Member was in a domestic partnership) at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) or, if waived, with respect to whom an election under section 8416(d) has been made; or (C) a current spouse whom the employee or Member married (or current domestic partner with whom the employee or Member entered into a domestic partnership) after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416. . 307. Insurable interest reductions Section 8420 is amended— (1) in subsection (b)(1)— (A) by striking married employee or Member and inserting employee or Member who is married (or in a domestic partnership) ; and (B) by inserting (or domestic partner) after spouse each place it appears; and (2) in subsection (b)(2), by inserting (or former domestic partner) after former spouse . 308. Alternative forms of annuities Section 8420a is amended— (1) in subsection (b)(2)— (A) in the matter before subparagraph (A), by inserting (or in a domestic partnership) after married ; and (B) in subparagraph (B), by striking surviving spouse. and inserting surviving spouse (or surviving domestic partner). ; (2) in subsection (d)— (A) in paragraph (1), by striking married, and inserting married (or in a domestic partnership), ; and (B) in paragraph (2), by inserting (or former domestic partner) after former spouse each place it appears; and (3) in subsection (e), by inserting (or in a domestic partnership) after married . 309. Lump-sum benefits; designation of beneficiary; order of precedence Section 8424 is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking the spouse, if any, and any former spouse and inserting any spouse or former spouse (and any domestic partner or former domestic partner) ; and (ii) in subparagraph (B), by striking spouse or former spouse each place it appears and inserting spouse or former spouse (or domestic partner or former domestic partner) ; and (B) in paragraph (2), by striking spouse or former spouse each place it appears and inserting spouse or former spouse (or domestic partner or former domestic partner) ; and (2) in subsection (d), by striking widow or widower and inserting widow or widower (or surviving partner) . 310. Annuities: methods of payment; election; purchase Section 8434(a)(2) is amended— (1) in subparagraph (B), by inserting (or domestic partner) after spouse ; and (2) in subparagraph (E)(i), by inserting (or former domestic partner) after former spouse . 311. Protections for spouses, domestic partners, former spouses, and former domestic partners (a) In general Section 8435 is amended— (1) in the heading, by striking spouses and former spouses and inserting spouses, domestic partners, former spouses, and former domestic partners ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking A married employee or Member (or former employee or Member) each place it appears and inserting An employee or Member, or former employee or former Member, who is married (or in a domestic partnership) ; and (ii) in subparagraph (B), by inserting or domestic partner after spouse each place it appears; and (B) in paragraph (2), by inserting (or domestic partner’s) after spouse’s each place it appears; (3) in subsection (b)— (A) in paragraph (1)— (i) by inserting (or surviving domestic partner) after surviving spouse each place it appears; and (ii) by inserting (or in a domestic partnership) after married ; and (B) in paragraph (2)(A), by inserting (or domestic partner) after spouse ; (4) in subsection (d)— (A) in paragraph (1), by inserting (or former domestic partner) after former spouse the first two places it appears; (B) in paragraphs (3) through (6), by inserting (or former domestic partner) after former spouse each place it appears; (C) in paragraph (3)(A), by inserting (or surviving domestic partner) after surviving spouse ; and (D) in paragraph (3)(B), by inserting (or former domestic partners) after former spouses ; (5) in subsection (e)(1)— (A) by striking the matter before subparagraph (B) and inserting the following: (e) (1) (A) A loan or withdrawal under subsection (g) or (h) of section 8433 may be made to an employee or Member who is married (or in a domestic partnership) only if the employee's or Member’s spouse (or domestic partner) consents to such loan or withdrawal in writing. ; and (B) in subparagraph (C), by inserting (or domestic partner’s) after spouse’s each place it appears; and (6) in subsection (g), by inserting (or domestic partner or former domestic partner) after spouse or former spouse . (b) Clerical amendment The table of sections for chapter 84 is amended by striking the item relating to section 8435 and inserting the following: 8435. Protections for spouses, domestic partners, former spouses, and former domestic partners. . 312. Justices and judges Section 8440a(b)(6) is amended by inserting (or domestic partners) after spouses . 313. Survivor annuities: definitions Section 8441 is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) widow means the surviving wife of an employee or Member who— (A) was married to such employee or Member for at least 9 months immediately before the death of such employee or Member; (B) was married to such employee or Member immediately before the death of such employee or Member, was in a domestic partnership with such employee or Member immediately before the marriage to such employee or Member, and the combined duration of the domestic partnership and marriage was at least 9 months; or (C) is the mother of issue by the marriage referred to in subparagraph (A) or (B), as the case may be; (2) widower means the surviving husband of an employee or Member who— (A) was married to such employee or Member for at least 9 months immediately before the death of such employee or Member; (B) was married to such employee or Member immediately before the death of such employee or Member, was in a domestic partnership with such employee or Member immediately before the marriage to such employee or Member, and the combined duration of the domestic partnership and marriage was at least 9 months; or (C) is the father of issue by the marriage referred to in subparagraph (A) or (B), as the case may be; ; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following: (3) the term surviving partner means the surviving domestic partner of an employee, Member, or annuitant, or of a former employee or Member, who— (A) was in a domestic partnership with such employee, Member, or annuitant, or former employee or Member, for at least 9 months immediately before the death of such employee, Member, or annuitant, or former employee or Member; or (B) satisfies such other requirement, based on parenthood, as the Office of Personnel Management shall by regulation prescribe based on the definition of a widow or widower under this section; ; (3) in paragraph (5) (as so redesignated by paragraph (2)) in subparagraph (A), by inserting (or surviving partner) after widow or widower ; and (4) by adding after interim. the following: The Office shall prescribe regulations to provide that, for purposes of applying the provisions of paragraph (5)(A)(ii) (relating to the treatment of a stepchild) in the case of a domestic partnership, rules similar to those prescribed to carry out section 8901(5)(B) in similar circumstances shall apply. . 314. Rights of a widow, widower, or surviving partner (a) In general Section 8442 is amended— (1) in the heading, by striking widow or widower and inserting widow, widower, or surviving partner ; (2) in subsection (a)— (A) by inserting (or surviving partner) after widow or widower each place it appears; (B) in paragraph (1)(B), by inserting (or entry into a domestic partnership) after marriage ; and (C) in paragraph (2), by inserting (or domestic partner) after spouse each place it appears; (3) in subsection (b), by inserting (or surviving partner) after widow or widower each place it appears; (4) in subsection (c)— (A) in paragraph (1), (in the matter before subparagraph (A)), by inserting (or a surviving partner with whom in a domestic partnership) after widow or widower to whom married ; and (B) by striking widow or widower each place it appears (other than where amended by subparagraph (A)) and inserting widow or widower (or surviving partner) ; (5) in subsection (d)— (A) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; (B) in paragraph (1)(B), by inserting (or enters into a subsequent domestic partnership) after remarries ; (C) in paragraph (2)— (i) by striking remarriage before and inserting remarriage (or entry into a subsequent domestic partnership) before ; (ii) by striking remarriage is dissolved by death, divorce, or annulment, and inserting remarriage is dissolved by death, divorce, annulment (or subsequent domestic partnership is terminated), ; and (iii) in subparagraph (A), by striking remarriage; and inserting remarriage (or entry into a subsequent domestic partnership); ; and (D) in paragraph (3)— (i) by inserting or entry into a subsequent domestic partnership after remarriage ; and (ii) by inserting (or in a domestic partnership for at least 30 years with) after married for at least 30 years to ; (6) by striking subsection (e) and inserting the following: (e) (1) The requirement— (A) in paragraph (1) or (2) of section 8441 that the widow or widower of an employee or Member have been— (i) married to such employee or Member for at least 9 months, or (ii) married to such employee or Member after having been in a domestic partnership with such employee or Member for a combined total of at least 9 months, immediately before the employee’s or Member’s death in order to qualify as the widow or widower of such employee or Member, or (B) in section 8441(3) that the surviving partner of an employee or Member have been in a domestic partnership with such employee or Member for at least 9 months immediately before the employee’s or Member’s death in order to qualify as the surviving partner of such employee or Member, shall be deemed satisfied if the employee or Member dies within the applicable 9-month period, and either of the conditions described in paragraph (2) is met. (2) The alternative conditions described in this paragraph are the following: (A) The death of the employee or Member was accidental. (B) The surviving widow or widower (or surviving domestic partner) of such individual was previously in a marriage (or domestic partnership) with the individual that was subsequently dissolved (or terminated), and the aggregate time married (or in a domestic partnership) is at least 9 months or a combined total of at least 9 months. ; (7) in subsection (g), by striking widow or widower and inserting widow, widower, or surviving partner each place it appears; and (8) in subsection (h)— (A) by striking widow or widower each place it appears and inserting widow or widower (or surviving partner) ; and (B) by inserting (or former domestic partner) after former spouse each place it appears. (b) Clerical amendment The table of sections for chapter 84 is amended by striking the item relating to section 8442 and inserting the following: 8442. Rights of a widow, widower, or surviving partner. . 315. Rights of a former spouse or former domestic partner (a) In general Section 8445 is amended— (1) in the heading, by striking former spouse and inserting former spouse or former domestic partner ; (2) in subsection (a), by inserting (or former domestic partner) after former spouse ; (3) in subsection (b)— (A) by inserting (or former domestic partner) after former spouse each place it appears; and (B) in paragraph (2), by inserting (or surviving partner) after widow or widower ; (4) in subsection (c)(2), by inserting (or the former domestic partner enters into a subsequent domestic partnership) after former spouse remarries ; (5) in subsection (e), by inserting (or former domestic partner) after former spouse each place it appears; and (6) by amending subsection (h) to read as follows: (h) (1) Subsection (c)(2), to the extent that it provides for termination of a survivor annuity because of a remarriage (or entry into a subsequent domestic partnership) before age 55, shall not apply if the former spouse (or former domestic partner) was married to (or in a domestic partnership with) the individual on whose service the survivor annuity is based for at least 30 years or a combined total of at least 30 years. (2) A remarriage (or entry into a subsequent domestic partnership) described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Director may by regulation identify in order to carry out the purposes of this subsection. . (b) Clerical amendment The table of sections for chapter 84 is amended by striking the item relating to section 8445 and inserting the following: 8445. Rights of a former spouse or former domestic partner. . 316. Authority of the Office of Personnel Management Section 8461(j)(1)(D) is amended by striking such employees, their spouses, their former spouses, and their survivors and inserting such employees and their spouses, domestic partners, former spouses, former domestic partners, and survivors . 317. Cost-of-living adjustments Section 8462(c) is amended— (1) in paragraph (2), by striking survivor (other than a widow or widower whose annuity is computed under section 8442(g) or a child under section 8443) and inserting the following: survivor, other than a widow or widower (or surviving partner) whose annuity is computed under section 8442(g) or a child under section 8443, ; (2) in paragraph (4) (in the matter before subparagraph (A)), by inserting (or surviving partner) after widow or widower ; and (3) in paragraph (4)(B)(i), by inserting (or surviving partner’s) after widow’s or widower’s . 318. Fiduciary responsibilities; liability and penalties Section 8477(a)(4)(F) is amended to read as follows: (F) a spouse (or domestic partner), sibling, ancestor, lineal descendant, or spouse (or domestic partner) of a lineal descendant of a person described in subparagraph (A), (B), or (D); . IV Insurance benefits 401. Life insurance (a) In general Chapter 87 is amended— (1) in section 8701(d)— (A) in paragraph (1)(A), by inserting or domestic partner after spouse ; and (B) by adding at the end the following: (3) In the case of an individual whose domestic partner has a child by a previous marriage, domestic partnership (as defined under regulations of the Office of Personnel Management), or otherwise, such child shall, unless adopted by such individual, be treated as a stepchild of such individual. ; (2) in section 8705(a), by inserting or surviving domestic partner after widow or widower ; and (3) in section 8714c(b)(1)(A), by striking spouse; and inserting spouse or domestic partner; . (b) Effective date The amendments made by this section shall apply with respect to calendar years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. 402. Health insurance (a) Definitions Section 8901 is amended— (1) in paragraph (5) (in the matter before subparagraph (A)), by inserting or domestic partner after the spouse ; (2) in paragraph (8)(B), by striking or former spouses, and inserting former spouses, or former domestic partners, ; (3) by striking and at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following: (11) former domestic partner means a domestic partner— (A) whose domestic partnership with an employee, former employee, or annuitant has terminated, (B) who has not entered into another domestic partnership before age 55 after the domestic partnership to the employee, former employee, or annuitant was terminated, (C) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the termination of the domestic partnership to the employee, former employee, or annuitant, and (D) (i) who is receiving any portion of a survivor annuity under section 8341(h) or 8445 (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System), (ii) for whom an election has been made under section 8339(j)(3) or 8417(b) (or similar provision of law), or (iii) who is otherwise entitled to an annuity or any portion of an annuity as a former domestic partner under a retirement system for Government employees, except that such term shall not include any such former domestic partner, who has not entered into another domestic partnership, of a former employee whose domestic partnership was terminated after the former employee’s separation from the service (other than by retirement); and ; and (4) by adding after paragraph (12) (as so redesignated by paragraph (3)), as a flush left sentence, the following: For purposes of paragraph (5), in the case of an employee or annuitant whose domestic partner has a child by a previous marriage, domestic partnership (as defined under regulations of the Office of Personnel Management), or otherwise, such child shall, unless adopted by such individual, be treated as a stepchild of such individual. . (b) Contracting authority Section 8902 is amended in subsections (g), (j), and (k)(1), by inserting former domestic partner, after former spouse, each place it appears. (c) Debarment and other sanctions Section 8902a(a)(1)(B) is amended by striking or former spouse and inserting former spouse, or former domestic partner . (d) Health benefits plans Section 8903(1) is amended— (1) by inserting former domestic partners, after former spouses, ; and (2) by inserting former domestic partner, after former spouse, . (e) Election of coverage Section 8905 is amended— (1) in subsection (c), by adding at the end the following: (3) The Office shall prescribe regulations to ensure that, in the administration of this subsection, parity of treatment is afforded— (A) to former spouses and former domestic partners; and (B) to the children of a marriage that has been dissolved and the children of a domestic partnership that has been terminated. ; (2) in subsection (e)— (A) by inserting or domestic partner after has a spouse ; and (B) by striking either spouse, and inserting either spouse or domestic partner, ; and (3) in subsections (f) and (g), by inserting former domestic partner, after former spouse, each place it appears. (f) Continued coverage Section 8905a is amended by adding at the end the following: (g) The Office shall prescribe regulations to ensure that, in the administration of this section, parity of treatment is afforded— (1) to former spouses and former domestic partners; and (2) to the children of a marriage that has been dissolved and the children of a domestic partnership that has been terminated. . (g) Coverage of restored employees and survivor or disability annuitants Section 8908(b) is amended— (1) by inserting or surviving domestic partner after surviving spouse ; and (2) by inserting or a subsequent domestic partnership after because of remarriage . (h) Regulations Section 8913(c) is amended— (1) by striking and former spouses and inserting former spouses, and former domestic partners ; and (2) by striking annuitant or former spouse and inserting annuitant, former spouse, or former domestic partner . (i) Effective date The amendments made by this section shall apply with respect to contract years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. 403. Enhanced dental benefits (a) In general Chapter 89A is amended— (1) in section 8956(a)— (A) by inserting or domestic partner after a spouse ; and (B) by striking either spouse, and inserting either spouse or either domestic partner (as the case may be), ; and (2) in section 8957, by inserting surviving domestic partner, after surviving spouse, . (b) Effective date The amendments made by this section shall apply with respect to contract years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. 404. Enhanced vision benefits (a) In general Chapter 89B is amended— (1) in section 8986(a)— (A) by inserting or domestic partner after a spouse ; and (B) by striking either spouse, and inserting either spouse or either domestic partner (as the case may be), ; and (2) in section 8987, by inserting surviving domestic partner, after surviving spouse, . (b) Effective date The amendments made by this section shall apply with respect to contract years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. 405. Long-term care insurance (a) In general Chapter 90 is amended— (1) in section 9001(5)— (A) in subparagraph (A), by striking or (4). and inserting or (4) (and the domestic partner of an individual described in paragraph (1), (2), or (4) or of an individual who satisfies paragraph (3) by virtue of having been appointed to a position in the commissioned corps of the Public Health Service or the commissioned corps of the National Oceanic and Atmospheric Administration). ; and (B) in subparagraph (C), by inserting or of the domestic partner of such an individual, after (4), ; and (2) in section 9002(e)(2)— (A) in the heading, by striking Spousal parity and inserting the following: Parity for spouse or domestic partner ; and (B) by inserting or domestic partner after spouse . (b) Effective date The amendments made by this section shall apply with respect to calendar years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. V Travel, transportation, and subsistence 501. Reimbursement for taxes incurred on money received for travel expenses (a) In general Section 5706c is amended— (1) in subsection (a), by striking by an employee and such employee’s spouse (if filing jointly), and inserting by an employee and such employee’s spouse (or, where allowable, such employee’s domestic partner), if filing jointly, ; and (2) in subsection (b), by striking employee and spouse, as the case may be, and inserting employee and spouse (or domestic partner), as the case may be . (b) Effective date The amendments made by this section shall apply with respect to taxable years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. 502. Relocation expenses of employees transferred or reemployed (a) In general Section 5724a(b)(1)(A) is amended by striking employee’s spouse and inserting employee’s spouse (or domestic partner) . (b) Effective date The amendment made by this section shall apply with respect to expenses incurred after the end of the 6-month period beginning on the date of the enactment of this Act. 503. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred (a) In general Section 5724b(a) is amended— (1) by striking by an employee and such employee’s spouse (if filing jointly), and inserting by an employee and such employee’s spouse (or, where allowable, such employee’s domestic partner), if filing jointly, ; and (2) by striking employee and spouse, as the case may be, and inserting employee and spouse (or domestic partner), as the case may be, . (b) Effective date The amendments made by this section shall apply with respect to taxable years beginning after the end of the 6-month period beginning on the date of the enactment of this Act. 504. Relocation expenses of an employee who is performing an extended assignment (a) In general Section 5737(a)(4) is amended by inserting (or domestic partner) after employee and spouse . (b) Effective date The amendment made by this section shall apply with respect to expenses incurred after the end of the 6-month period beginning on the date of the enactment of this Act. VI Compensation for work injuries 601. Definitions Section 8101 is amended— (1) by striking paragraph (6) and inserting the following: (6) widow means the wife living with or dependent for support on the decedent at the time of death of the decedent, or living apart for reasonable cause or because of desertion by the decedent; ; (2) in paragraph (8), by striking married brothers or married sisters; and inserting the following: brothers or sisters who are married (or in a domestic partnership); ; (3) in paragraph (9), by inserting children (including adopted children) of a domestic partner, after adopted children, ; (4) by striking paragraph (11) and inserting the following: (11) widower means the husband living with or dependent for support on the decedent at the time of death of the decedent, or living apart for reasonable cause or because of desertion by the decedent; ; (5) in paragraph (19), by striking and at the end; (6) in paragraph (20), by striking the period and inserting a semicolon; and (7) by adding after paragraph (20) the following: (21) covered State means a State (within the meaning of section 2110(d)(4)), foreign country, or political subdivision of a foreign country in which a marriage between 2 individuals of the same sex is recognized under the law of such State, country, or political subdivision; (22) domestic partner means an individual who is in a domestic partnership with another individual of the same sex, as determined by the Secretary of Labor for purposes of this subchapter pursuant to regulations issued by the Secretary, in consultation with the Director of the Office of Personnel Management, consistent with the requirements that— (A) both individuals are at least 18 years of age and competent to contract; (B) both individuals intend to remain in the domestic partnership indefinitely; (C) such individuals— (i) have a common residence; or (ii) do not have a common residence because of financial, employment-related, or other reasons; (D) neither individual is married to or in a domestic partnership with anyone outside of the domestic partnership referred to in subparagraph (B); (E) the 2 individuals share responsibility for a significant measure of each other’s common welfare and financial obligations; (F) the 2 individuals are not related in a way that, if they were of the opposite sex, would prohibit legal marriage in the jurisdiction in which either of them resides; (G) at least 1 of them is an employee or an individual otherwise eligible for coverage under this subchapter based on such individual’s employment or other service; (H) on the date on which the employee is injured or dies, or, for purposes of section 8110, the date on which the augmented compensation is to be provided, neither individual has resided in a covered State for more than 6 months; and (I) both individuals understand that willful falsification of information within the affidavit or failure to provide appropriate notification of the termination of the domestic partnership may lead to the recovery of the amounts obtained as a result of such falsification or failure (as the case may be), criminal or other penalties, and (in appropriate circumstances) disciplinary action; and (23) surviving partner means the domestic partner living with or dependent for support on the decedent at the time of his or her death, or living apart for reasonable cause or because of his or her desertion. . 602. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force Section 8102a(d) is amended— (1) in paragraph (1)(A), by striking surviving spouse. and inserting surviving spouse (or surviving partner). ; and (2) in paragraph (2)(C), by inserting (including children of a domestic partner) after stepchildren . 603. Beneficiaries of awards unpaid at death; order of precedence Section 8109(a)(D) is amended— (1) in clause (i), by striking the widow or widower. and inserting the widow or widower (or the surviving partner). ; (2) in clause (ii)— (A) by inserting (or a surviving partner) after a widow or widower ; and (B) by inserting (or the surviving partner) after the widow or widower ; and (3) in clause (iii), by striking no widow or widower, and inserting no widow or widower (and no surviving partner), . 604. Augmented compensation for dependents Section 8110(a) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period and inserting ; and ; and (3) by inserting after paragraph (4) the following: (5) a domestic partner, if— (A) he or she is a member of the same household as the employee; (B) he or she is receiving regular contributions from the employee for his or her support; or (C) the employee has been ordered by a court to contribute to his or her support. . 605. Limitations on right to receive compensation Section 8116(c) is amended by striking spouse, and inserting spouse (or domestic partner), . 606. Compensation in case of death Section 8133 is amended— (1) in subsection (a)— (A) in paragraphs (1) and (2), by striking the widow or widower, and inserting the widow or widower (or the surviving partner), ; (B) in paragraph (2), by inserting (or the surviving partner) after for the widow or widower ; (C) in paragraph (3), by striking no widow or widower, and inserting no widow or widower (and no surviving partner), ; and (D) in paragraphs (4) and (5), by inserting surviving partner, after widow, widower, each place it appears; and (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) a widow or widower dies or remarries (or a surviving partner dies or enters into a subsequent domestic partnership) before reaching age 55; ; and (B) in the last sentence— (i) by inserting (or surviving partner) after widow or widower ; and (ii) by inserting (or more than one domestic partner) after husband or wife . 607. Lump-sum payment Section 8135(b) is amended to read as follows: (b) On remarriage (or entry into a subsequent domestic partnership) before reaching age 55 a widow or widower (or surviving partner) entitled to compensation under section 8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which that individual was entitled immediately before the remarriage (or subsequent domestic partnership). . 608. Regulations (a) In general The Secretary of Labor may prescribe regulations to carry out this title and the amendments made by this title. (b) Consultation The Secretary of Labor shall consult with the Director of the Office of Personnel Management and the heads of any other agencies whose programs are affected by this Act in order to standardize, to the extent possible, the process for establishing the existence of a domestic partnership under each such program. 609. Effective date (a) In general Subject to succeeding provisions of this section, this title and the amendments made by this title— (1) shall take effect on the date of enactment of this Act; and (2) shall apply with respect to any injury or death occurring before, on, or after such date of enactment. (b) Timely claim required; limitation on payments No compensation shall be payable, by virtue of the enactment of this title— (1) unless timely claim therefor is filed in accordance with the provisions of sections 8122 or 8193 of title 5, United States Code (as applicable), and subsection (c); or (2) with respect to any period commencing before the date of enactment of this Act. (c) Allowability of claims In the case of an original claim for compensation for a disability or death that occurred before the date of enactment of this Act (and which would not otherwise be payable, but for the enactment of the amendments made by this title)— (1) such claim shall not be allowed if, as of such date of enactment, a claim based on such disability or death would no longer be timely (determined in accordance with such section 8122 or 8193 (as applicable), before the application of paragraph (2)); and (2) the timeliness of any such claim, if not precluded by paragraph (1), shall be determined— (A) by applying the provisions of such section 8122 or 8193 (as applicable); and (B) as if the time limitations of such section 8122 or 8193 (as applicable) did not begin to run until the date on which implementing regulations under section 608 become effective. (d) Payments for prior periods not affected No recovery shall be made of compensation paid to any individual whose entitlement to compensation is terminated or reduced as a result of the enactment of this title. VII Provisions relating to employment of relatives and other matters 701. Employment of relatives; restrictions Section 3110(a)(3) is amended by inserting domestic partner, after husband, wife, . 702. Settlement of accounts (a) Definition Section 5581 is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking by Federal statute. at the end and inserting by Federal statute; and ; and (3) by adding at the end the following: (3) surviving partner has the meaning given it by sections 8341 and 8441, respectively. . (b) Order of precedence Section 5582(b) is amended by inserting (or surviving partner) after widow or widower . 703. Benefits for captives Section 5569(j) is amended by adding at the end the following: Such regulations shall include provisions to ensure that, in the administration of this section, a domestic partner shall be afforded the same status as a spouse. . 704. Compensation for disability or death Section 5570 is amended by adding at the end the following: (h) Regulations to carry out this section shall include provisions to ensure that, in the administration of this section, a domestic partner shall be afforded the same status as a spouse. . 705. Family and medical leave (a) Definition Section 6381(6) is amended (in the matter before subparagraph (A)), by inserting or a biological, adopted, or foster child of the domestic partner of the employee, before who is . (b) Leave requirement Section 6382 is amended in subsections (a)(1)(C) and (e)(2)(A) by striking spouse, and inserting spouse (or domestic partner), . (c) Certification Section 6383 is amended in subsections (a) and (b)(4)(A) by striking spouse, each place it appears and inserting spouse (or domestic partner), . VIII Additional provisions 801. Applicability This title applies with respect to— (1) benefits in the nature of family, medical, and emergency leave, as provided for under— (A) the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), insofar as that Act applies to the Government Accountability Office and the Library of Congress; (B) section 202 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1312 ); or (C) section 412 of title 3, United States Code; (2) travel, transportation, and related payments and benefits, as provided for under— (A) chapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ); or (B) section 1599b of title 10, United States Code; (3) benefits for members of the commissioned officer corps of the National Oceanic and Atmospheric Administration, as provided for under— (A) section 261 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3071 ); or (B) any other provisions of title 10, United States Code (apart from those made applicable by the provision of law cited in subparagraph (A)); and (4) benefits, provided for under any other provisions of law, which (as determined by the President or a designee)— (A) relate to employees or annuitants (as those terms are defined by section 2110 of title 5, United States Code); and (B) are necessary to carry out the purposes of this Act with respect to benefits. 802. Regulations The President (or designee) shall prescribe any regulations necessary to ensure that the provisions of law identified in or under section 801 are administered in a manner consistent with the purposes of this Act. IX Amendment to the Ethics in Government Act of 1978 901. Amendment to the Ethics in Government Act of 1978 The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end of title I the following: 112. Domestic partners (a) An employee, former employee, or annuitant and the domestic partner of such employee, former employee, or annuitant (as the case may be) shall be subject to the provisions of law cited in subsection (b) to the same extent and in the same manner as in the case of a married employee, former employee, or annuitant and the spouse of such employee, former employee, or annuitant (as the case may be). (b) The provisions of law cited in this subsection are as follows: (1) The preceding provisions of this title (relating to financial disclosure requirements of Federal personnel) and the provisions of title V (relating to Government-wide limitations on outside earned income and employment). (2) Regulations prescribed under section 7301 of title 5, United States Code (relating to regulations for the conduct of employees in the executive branch). (3) Section 7351 of title 5, United States Code (relating to gifts to superiors). (4) Section 7353 of title 5, United States Code (relating to gifts to Federal employees). (5) Chapter 11 of title 18, United States Code (relating to bribery, graft, and conflicts of interest). (6) Section 7342 of title 5, United States Code (relating to receipt and disposition of foreign gifts and decorations). (7) Section 1353 of title 31, United States Code (relating to acceptance of travel and related expenses from non-Federal sources). (8) Sections 4941 and 4946 of the Internal Revenue Code of 1986 (relating to taxes on self-dealing and definitions and special rules). (9) Section 455 of title 28, United States Code (relating to disqualification of justice, judge, or magistrate judge). (c) For purposes of this section, the term domestic partner has the meaning given such term by section 2110 of title 5, United States Code. . X Reporting requirements 1001. Report of the President Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— (1) a report on the implementation of this Act, including the amendments made by this Act; and (2) a description of any further measures that should be taken in order to carry out the purposes of this Act, including recommendations for any legislation or administrative action that may be necessary. 1002. GAO report Not later than 2 years after the date of the enactment of this Act, the Government Accountability Office shall transmit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effect that this Act and any amendments made by this Act have had on premiums or any other periodic charges payable by enrollees under chapter 89 of title 5, United States Code (relating to the Federal employees health benefits program), and the impact of extending benefits to domestic partners on the employee retention and recruitment efforts by the Federal Government.

https://www.govinfo.gov/content/pkg/BILLS-113hr3135ih/xml/BILLS-113hr3135ih.xml

113-hr-3136

I 113th CONGRESS 1st Session H. R. 3136 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Salmon (for himself, Mr. Polis , Mrs. Brooks of Indiana , and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a demonstration program for competency-based education. 1. Short title This Act may be cited as the Advancing Competency-Based Education Demonstration Project Act of 2013 . 2. Distance education demonstration programs Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by inserting after section 486A the following: 486B. Competency-based education demonstration programs (a) Purpose It is the purpose of this section— (1) to allow demonstration programs that are monitored by the Secretary to explore ways of delivering education and disbursing student financial aid that are based on learning rather than time; (2) to potentially lower cost and reduce the time to degree in the attainment of higher education degrees through competency-based programs; and (3) to help determine— (A) the specific statutory and regulatory requirements which should be altered to provide greater access to competency-based education, which may be independent of or combined with traditional credit hour or clock hour programs; (B) the most effective means of delivering competency-based education via degree programs; and (C) the appropriate level and distribution methodology of Federal assistance for students enrolled in competency-based education. (4) Definition For the purpose of this section, the term competency-based education means an educational process that— (A) is characterized by the measurement of learning as opposed to the measurement of instructional and learning time; (B) uses direct assessment of student learning, or recognizes the direct assessment by others of student learning, in place of or in addition to using credit hours or clock hours; and (C) includes direct measures of learning, including projects, papers, examinations, presentations, performances, and portfolios. (b) Demonstration programs authorized (1) In general In accordance with the provisions of subsection (d), the Secretary is directed to select institutions of higher education, systems of such institutions, or consortia of such institutions for voluntary participation in a Competency-Based Education Demonstration Program that provides participating institutions with the ability to offer competency-based education that do not meet all or a portion of the requirements of the sections or regulations described in paragraph (2) . (2) Waivers The Secretary is authorized to waive for any institution of higher education, system, or consortium participating in a Competency-Based Education Demonstration Program, the requirements of sections 481(a) and 481(b) as such sections relate to requirements for a minimum number of weeks of instruction, sections 102(a)(3)(A), 102(a)(3)(B), and 484(l)(1), section 668.32(a)(1)(iii) of title 34, Code of Federal Regulations, as it relates to courses leading to teacher certification, or one or more of the regulations prescribed under this part or part F which inhibit the operation of competency-based education. In addition to the waivers described above, for institutions that propose a rational and defensible plan for competency-based education and for the waivers being sought, the Secretary may waive any of the requirements under sections (and corresponding regulations) in title I, part F of this title, and this part, that inhibit the operation of competency-based education, including requirements that relate to— (A) documenting attendance; (B) weekly academic activity; (C) minimum weeks of instructional time; (D) requirements for credit hour/clock hour equivalencies; (E) requirements for substantive interaction with faculty; and (F) definitions of the terms academic year , full-time student , term (including standard term , non-term , and non-standard term ), satisfactory academic progress (SAP), educational activity , program of study , and payment period . (3) Eligible applicants (A) Eligible institutions Except as provided in subparagraph (B) , to be eligible to participate in the demonstration program authorized under this section an institution shall be— (i) an institution of higher education that is eligible to participate in programs under this title; or (ii) an institution that has been approved to offer direct assessment programs under section 481(b)(4). (B) Prohibition An institution of higher education described in section 102(a)(1)(C) shall not be eligible to participate in the demonstration program authorized under this section. (c) Application (1) In general Each institution, system of institutions, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary. (2) Contents Each application shall include— (A) a description of the competency-based education to be offered; (B) a brief description of the proposed academic delivery, business, and financial models, including brief explanations of how this approach would result in the achievement of competencies and how it would differ from standard credit hour approaches; (C) a description of the statutory and regulatory requirements described in subsection (b)(2) for which a waiver is sought and the reasons for which each such waiver is sought; (D) a description of the proposal for determining a student’s Federal student aid eligibility, the award and distribution of aid, and safeguards to ensure that students are making satisfactory progress that warrants disbursement of such aid; (E) a description of the students to whom competency-based education will be offered, including an assurance that the institution, system, or consortium will include a minimum of 100 and a maximum of 3,000 eligible students as part of the program; (F) a description of the goals the institution, system, or consortium hopes to achieve through the use of competency-based education; (G) a description of how the institution, system, or consortium plans to maintain program integrity; (H) an assurance that the institution, system, or consortium will offer full cooperation with the ongoing evaluations of the demonstration program provided for in this section and will not require the expenditure of additional Federal funding to implement the project; and (I) such other information as the Secretary may require. (d) Selection (1) In general Not later than 6 months after the date of enactment of this section, the Secretary shall select for participation in the Competency-Based Education Demonstration Program not more than 20 institutions, systems of institutions, or consortia of institutions. (2) Considerations In selecting institutions, systems, or consortia to participate in the demonstration program, the Secretary shall— (A) consider the number and quality of applications received; (B) consider an institution’s, system’s, or consortium’s— (i) demonstrated ability to successfully execute the program as described; (ii) commitment and ability to effectively finance a demonstration site as proposed; and (iii) demonstrated administrative capability and the expertise to evaluate learning based on measures other than credit hours or clock hours; and (C) ensure the participation of a diverse group of institutions (including institutions within systems and consortia of institutions) with respect to size, mission, and geographic distribution of the institutions. (e) Notification Not later than 6 months after the date of enactment of this section, the Secretary shall make available to the authorizing committees and the public a list of institutions, systems, and consortia selected to participate in the demonstration program authorized by this section. Such list shall include, for each such institution, system, or consortium, the specific statutory and regulatory requirements being waived and a description of the competency-based education courses to be offered. (f) Evaluations and reports (1) Evaluation The Secretary shall annually evaluate each of the demonstration programs authorized under this section. Such evaluations shall review— (A) the extent to which the institution, system, or consortium has met the goals set forth in its application to the Secretary, including the measures of program quality assurance; (B) the number and types of students participating in the programs offered, including the progress of participating students toward recognized degrees and the extent to which participation and retention in such programs increased; (C) obstacles related to student financial assistance for competency-based education; and (D) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions. (2) Annual report The Secretary shall annually provide to the authorizing committees a report on— (A) the evaluations of the demonstration programs required under paragraph (1) ; (B) the number and types of students receiving assistance under this title for competency-based education programs; (C) the retention and completion rates of students participating in such programs; and (D) any proposed statutory changes designed to support and enhance the expansion of competency-based education. (g) Oversight In conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis— (1) assure compliance of institutions, systems, and consortia with the requirements of this title (other than the sections and regulations that are waived under subsection (b)(2)); (2) provide technical assistance; (3) monitor fluctuations in the student population enrolled in the participating institutions, systems, and consortia; and (4) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities. (h) Additional funds not authorized No additional funds are authorized to be appropriated for any fiscal year to carry out this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3136ih/xml/BILLS-113hr3136ih.xml

113-hr-3137

I 113th CONGRESS 1st Session H. R. 3137 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Ms. Schakowsky (for herself, Mr. Conyers , Mr. DeFazio , Mr. Ellison , Mr. Grijalva , Mr. Gutiérrez , Ms. Lee of California , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide a framework establishing the rights, liabilities, and responsibilities of participants in closing procedures for certain types of consumer deposit accounts, to protect individual consumer rights, and for other purposes. 1. Short title This Act may be cited as the Freedom and Mobility in Consumer Banking Act . 2. Consumer Rights with Respect to Closed Accounts The Truth in Savings Act ( 12 U.S.C. 4301 et seq. ) is amended— (1) by striking section 262 and inserting the following: 262. Findings and Purposes (a) Findings Congress finds that— (1) economic stability would be enhanced, competition between depository institutions would be improved, and the ability of the consumer to make informed decisions regarding deposit accounts, and to verify accounts, would be strengthened if there were uniformity in the disclosure of terms and conditions on which interest is paid and fees are assessed in connection with such accounts; and (2) consumers lack meaningful choices for managing household funds because— (A) despite dissatisfaction with rising account fees at some depository institutions, consumers often find it too difficult to move their funds to new deposit accounts; (B) the process of moving funds to new deposit accounts often involves several steps and substantial time to complete, and it is not always clear what the proper procedures are for closing an account at a given depository institution; (C) depository institutions have no obligation and may lack the technical capabilities to help consumers transfer automated deposits or debits from old accounts to new accounts, causing delays and confusion; (D) depository institutions may charge fees to close an account and withdraw available funds, which can impede banking mobility for low-income consumers; and (E) some depository institutions have engaged in the practice of reopening closed accounts without the consent of the consumer. (b) Purposes The purposes of this Act are— (1) to allow consumers to make a meaningful comparison between competing claims of depository institutions with regard to deposit accounts by requiring the clear and uniform disclosure of— (A) the rates of interest that are payable on deposit accounts by depository institutions; and (B) the fees that are assessable against deposit accounts; and (2) to protect rights of consumers by providing a framework establishing the rights, liabilities, and responsibilities of depository institutions and consumers in closing procedures for certain types of consumer deposit accounts. ; (2) by inserting after section 268 the following: 268A. Closure of Covered Accounts (a) In general A depository institution may not— (1) prohibit a consumer from closing a covered account at the depository institution, regardless of whether the balance in the covered account is positive, zero, or negative; (2) charge any fee to close a covered account; or (3) reopen a covered account that a consumer has requested to be closed in accordance with this section to apply subsequent debits, whether preauthorized or otherwise, or for any other reason, unless the consumer expressly requests that the covered account be reopened. (b) Disclosures required A depository institution shall provide to any consumer that opens a covered account at the depository institution a description of the policies and procedures that the depository institution has in place to close a covered account— (1) at the time the consumer opens the covered account; (2) at any time, upon request of a consumer; and (3) on the website of the depository institution. (c) Regulations relating to closure of covered accounts (1) In general Not later than 1 year after the date of enactment of this section, the Bureau, after consultation with each agency referred to in section 270(a), and public notice and opportunity for comment, shall prescribe final regulations to carry out this section. (2) Content The regulations required by this subsection shall— (A) require that a depository institution close a covered account not later than 5 business days after the date on which a consumer makes a request to close the covered account, except that the closure of the covered account may be delayed— (i) if a Federal or State law enforcement agency notifies the depository institution that the closure will interfere with a criminal investigation; or (ii) pursuant to any other exception that the Bureau determines is appropriate; (B) prescribe the methods by which a consumer may make a request to a depository institution to close a covered account, which, except as provided in subparagraph (C), shall include requests made in person, over the phone, or by other electronic or remote means; (C) allow a depository institution to require that a request by a consumer to close a covered account shall be made in person if the covered account contains an amount on deposit exceeding a certain monetary threshold, as determined and established by the Bureau; (D) establish procedures that require a depository institution to positively verify the identity of a consumer requesting to close a covered account before the depository institution closes the covered account, including procedures for a depository institution to follow if the depository institution is unable to verify the identity of the consumer; (E) establish procedures for a depository institution to provide a consumer with the funds contained in a covered account that the consumer has requested to close, which shall include procedures— (i) that ensure that the consumer whose identity has been positively verified by the depository institution has access to any funds available for withdrawal at the time the consumer makes a request to the depository institution to close the covered account; (ii) that establish a reasonable amount of time for the depository institution to remit to the consumer the remainder of any funds in the closed covered account, including funds that are subject to a dispute between the depository institution and the consumer; and (iii) that allow a consumer whose identity has been positively verified by the depository institution to receive available funds from a covered account that the consumer has requested to close in the form of— (I) a cashier's check provided to the consumer; (II) an electronic funds transfer to an account designated by the consumer; (III) any means offered by the depository institution that the consumer has requested; or (IV) any means that the Bureau determines appropriate; (F) except as provided under subparagraph (G), prohibit a depository institution from imposing any fee or charge on a covered account at the depository institution after the consumer has requested to close the covered account; (G) allow a depository institution to assess an overdraft fee after a consumer has requested to close a covered account, if such overdraft fee is associated with a transaction that was initiated by the consumer before the date on which the consumer made a request to the depository institution to close the covered account; (H) not limit the ability of a consumer to earn interest that a covered account had accrued before the date on which the consumer made a request to the depository institution to close the covered account; (I) establish procedures for a depository institution and a consumer to follow if a personal check written by the consumer is deposited by a person other than the consumer after the date on which the consumer has closed a covered account; (J) require the depository institution to provide the consumer with certain information before the depository institution closes a covered account of the consumer, including— (i) a list of any preauthorized transactions relating to the covered account that occurred within the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; (ii) a list of any preauthorized transactions scheduled to occur in the 60 days after the date on which the consumer made a request to the depository institution to close the covered account; (iii) a list of any direct deposits into the covered account in the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; and (iv) any other information that the Bureau determines is necessary to provide consumers with adequate information about potential preauthorized activity relating to the covered account; (K) prohibit a depository institution from reporting an outstanding balance or any other adverse information with respect to a covered account at the depository institution to any consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ), if— (i) at the time the covered account is closed, the covered account has a negative balance resulting solely from any fee assessed by the depository institution; and (ii) that information could be used to adversely affect the ability of the consumer to open an account at another depository institution; (L) establish the terms under which a depository institution may report that a covered account had a negative balance at the time of the closure of the covered account to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ), if the depository institution— (i) notifies the consumer of the negative balance; and (ii) provides the consumer with a reasonable period of time, as determined and established by the Bureau, to repay the negative balance; and (M) include any other provisions, guidance, or exceptions that the Bureau determines are appropriate in order to facilitate the purposes of this section. (d) Study; rulemaking (1) Study (A) In general The Comptroller General of the United States shall conduct a study to determine additional barriers that could limit the ability of a consumer to close a covered account. (B) Contents of study The study required under paragraph (1) shall include, at a minimum, analysis of— (i) potential reforms to payment clearing and settlement systems that would enable depository institutions to notify consumers if a preauthorized recurring debit is directed to a covered account after the covered account has been closed; (ii) potential reforms to payment clearing and settlement systems that would automatically transfer any direct deposit, preauthorized transaction, or other similar scheduled activity relating to a closed covered account to another account designated by the consumer; (iii) other factors, including technological barriers, in payment clearing and scheduling systems that limit the ability of consumers to efficiently close a covered account and transfer funds to another account; and (iv) recommendations to Congress and the appropriate Federal banking agencies, including steps that the appropriate Federal banking agencies could take through rulemaking to facilitate the automatic transfer of funds from a closed covered account to another account designated by the consumer. (C) Report Not later than 1 year after the date of enactment of this subsection, the Comptroller General shall issue a report to the Congress and the Bureau of Consumer Financial Protection on the study required under subparagraph (A), including any findings and determinations made by the Comptroller General in carrying out such study. (2) Rulemaking Not later than 1 year after the Bureau receives the report issued under paragraph (1)(C) the Bureau shall— (A) determine whether regulations should be issued to remove barriers that limit the ability of a consumer to close a covered account; and (B) if the Bureau determines that such regulations should be issued, the Bureau shall, in consultation with each agency referred to in section 270(a), and after public notice and opportunity for comment, issue such regulations. ; and (3) in section 274, by adding at the end the following: (9) Available for withdrawal The term available for withdrawal , with respect to funds deposited, means available for all uses generally permitted to the customer for actually and finally collected funds under the account agreement with the depository institution or policies of the depository institution, such as for payment of checks drawn on the account, certification of checks drawn on the account, electronic payments, withdrawals by cash, and transfers between accounts. (10) Covered account The term covered account means any checking, savings, or any other account that the Bureau may include, by regulation. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3137ih/xml/BILLS-113hr3137ih.xml

113-hr-3138

I 113th CONGRESS 1st Session H. R. 3138 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Rothfus (for himself, Mr. Dent , Mr. Barletta , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide that certain emission limits for hydrogen chloride and sulfur dioxide shall not apply to certain existing electric utility steam generating units that use circulating fluidized bed technology to convert coal refuse into energy. 1. Short title This Act may be cited as the Satisfying Energy Needs and Saving the Environment Act of 2013 or the SENSE Act of 2013 . 2. Inapplicability of certain emission limits for electric utility steam generating units that convert coal refuse into energy (a) Inapplicability of certain emission limits for certain EGUs The emission limits for hydrogen chloride and sulfur dioxide in table 2 to subpart UUUUU of part 63 of title 40, Code of Federal Regulations, entitled Emission Limits for Existing EGUs , shall not apply to an electric utility steam generating unit in the subcategory Coal-fired unit not low rank virgin coal if such electric utility steam generating unit— (1) is in operation as of the date of enactment of this Act; (2) utilizes circulating fluidized bed technology to convert coal refuse into energy; and (3) (A) derives at least 75 percent of its heat input from coal refuse; or (B) is a qualifying facility. (b) Definitions In this section: (1) Coal refuse The term coal refuse means any byproduct of coal mining, physical coal cleaning, or coal preparation operations, that contains coal, matrix material, clay, and other organic and inorganic material. (2) Qualifying cogeneration facility The term qualifying cogeneration facility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) Qualifying facility The term qualifying facility means— (A) a qualifying small power production facility; or (B) a qualifying cogeneration facility. (4) Qualifying small power production facility The term qualifying small power production facility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3138ih/xml/BILLS-113hr3138ih.xml

113-hr-3139

I 113th CONGRESS 1st Session H. R. 3139 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Sarbanes (for himself, Mr. Hoyer , Mr. Van Hollen , Mr. Cummings , Mr. Ruppersberger , Mr. Moran , Mr. Wittman , Ms. Edwards , Mr. Delaney , Mr. Scott of Virginia , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Chesapeake Bay Initiative Act of 1998 to provide for the reauthorization of the Chesapeake Bay Gateways and Watertrails Network. 1. Short title This Act may be cited as the Chesapeake Bay Gateways and Watertrails Network Reauthorization Act . 2. Authorization of appropriations Section 502(c) of the Chesapeake Bay Initiative Act of 1998 ( 16 U.S.C. 461 note; Public Law 105–312 ) is amended by striking fiscal years and all that follows through the period at the end and inserting fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3139ih/xml/BILLS-113hr3139ih.xml

113-hr-3140

I 113th CONGRESS 1st Session H. R. 3140 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mrs. Capito (for herself, Mrs. Lummis , Mr. Barr , Mr. Rogers of Kentucky , Mr. Johnson of Ohio , Mr. Rothfus , Mr. Bucshon , Mrs. Noem , Mr. Griffith of Virginia , and Mr. McKinley ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to prohibit any regulation under such Act concerning the emissions of carbon dioxide from a fossil fuel-fired electric generating unit from taking effect until the Administrator of the Environmental Protection Agency makes certain certifications, and for other purposes. 1. Short title This Act may be cited as the Ensure Reliable and Affordable American Energy Act of 2013 . 2. No unilateral regulation of emissions of carbon dioxide The Clean Air Act ( 42 U.S.C. 7401 et seq. ) is amended by inserting after section 329 the following: 330. No unilateral regulation of emissions of carbon dioxide from fossil fuel-fired electric generating units (a) Prohibition on regulations concerning emissions of carbon dioxide from fossil fuel-Fired electric generating units taking effect (1) Prohibition A regulation under this Act concerning emissions of carbon dioxide from a fossil fuel-fired electric generating unit to address climate change may not take effect until the Administrator certifies that a sufficient number of countries have put into effect regulations concerning emissions of carbon dioxide which are at least as stringent as the regulation under this Act. (2) Countries For the purposes of paragraph (1), the term sufficient number means a sufficient number of countries so that, in the aggregate, such countries account for not less than 80 percent of the global carbon dioxide emissions, excluding such emissions in the United States, in the calendar year immediately preceding the year in which the regulation under this Act would be enforced. (3) Stringency considerations For the purposes of paragraph (1), a country’s regulation concerning carbon dioxide emissions may only be considered to be as stringent as the regulation under this Act if such country’s regulation limits carbon dioxide emissions to a numeric standard that is equal to or less than such a standard under the regulation under this Act in a timeframe that is equal to or less than the timeframe under the regulation under this Act. (b) Rule of Construction Nothing in this section shall be construed as providing the Administrator with any authority to promulgate any regulation concerning, take action relating to, or take into consideration the emissions of carbon dioxide. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3140ih/xml/BILLS-113hr3140ih.xml

113-hr-3141

I 113th CONGRESS 1st Session H. R. 3141 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mrs. Miller of Michigan (for herself, Ms. Loretta Sanchez of California , Mr. McCaul , Mr. Thompson of Mississippi , Ms. Jackson Lee , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Secretary of Homeland Security to establish a biometric exit data system, and for other purposes. 1. Short title The Act may be cited as the Biometric Exit Improvement Act of 2013 . 2. Biometric exit data system (a) Establishment The Secretary of Homeland Security shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an implementation plan to establish a biometric exit data system in accordance with section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), including— (A) an estimate of the time needed to establish such a system; (B) an estimate of operational and maintenance costs of such a system; (C) staffing and personnel requirements of such a system; (D) an assessment of the training programs necessary to establish such a system; (E) an assessment of how such a system will affect wait times; and (F) information received after consultation with private sector stakeholders; (2) not later than two years after the date of the enactment of this Act, establish a biometric exit data system at— (A) the ten United States airports that support the highest volume of international air travel, as determined by available Federal flight data; and (B) the ten United States seaports that support the highest volume of international sea travel, as determined by available Federal travel data; and (3) not later than three years after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report, in accordance with subsection (d), that analyzes the effectiveness of the biometric exit data system referred to in paragraph (1) at the ten international airports and ten international seaports described in paragraph (2). (b) Implementation (1) Pilot program for non-pedestrian outbound traffic (A) In general Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a six-month pilot program to test the biometric exit data system referred to in subsection (a)(2) on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including at not fewer than two land ports of entry on the southern border and at at least one land port of entry on the northern border. Such pilot program may include a consideration of more than one biometric mode, and shall be implemented to determine the following: (i) The feasibility of implementing biometric exit data systems at land ports of entry nationwide. (ii) The infrastructure required to carry out clause (i). (iii) The effects of such pilot program on legitimate travel and trade. (iv) The effects of such pilot program on wait times for such non-pedestrian traffic. (B) GAO review Not later than 30 days after the conclusion of the pilot program under subparagraph (A), the Secretary of Homeland Security shall submit the results of the determinations made pursuant to such subparagraph to the Government Accountability Office for review. Not later than 90 days after the Government Accountability Office receives such results, the Comptroller General of the United States shall submit to the Secretary of Homeland Security and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of such results. (C) Operation Not later than 90 days after receiving the GAO review referred to in subparagraph (B), the Secretary of Homeland Security shall, based on such review and the results of the determinations under subparagraph (A), submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan to implement a biometric exit data system at all land ports of entry for non-pedestrian outbound traffic. (2) At land ports of entry for pedestrians Not later than three years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all land ports of entry, and such system shall apply only in the case of pedestrians. (3) At air and sea ports of entry Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the biometric exit data system referred to in subsection (a)(2) to all air and sea ports of entry. (c) Effects on air, sea, and land transportation The Secretary of Homeland Security, in consultation with appropriate private sector stakeholders, shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of passengers or cargo in air, sea, or land transportation. (d) Determination In making the analysis required under subsection (a)(3), the Secretary of Homeland Security shall consider the effects of the collection of biometric data under this section on wait time for air and sea travelers and any other significant disruption to the movement of passengers or cargo in air or sea transportation. (e) Termination of proceeding Notwithstanding any other provision of law, the Secretary of Homeland Security shall, on the date of the enactment of this Act, terminate the proceeding entitled Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure , issued on April 24, 2008 (73 C.F.R. 22065; DHS Docket No. 2008–0039). (f) Scope The biometric exit data system established under this section shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to provide biometric entry data. (g) Collection of data The Secretary of Homeland Security may not require any non-Federal person to collect biometric data pursuant to the biometric exit data system established under this section, except through a contractual agreement.

https://www.govinfo.gov/content/pkg/BILLS-113hr3141ih/xml/BILLS-113hr3141ih.xml

113-hr-3142

I 113th CONGRESS 1st Session H. R. 3142 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve science, technology, engineering, and mathematics education, and for other purposes. 1. Short title This Act may be cited as the STEM Readiness Act of 2013 . 2. Teacher recruiting (a) Purpose It is the purpose of this section to encourage individuals educated in science, technology, engineering, and mathematics to enter and continue in the teaching profession, with the goal of attracting 10,000 of America’s brightest students to the teaching profession over the next 5 years. (b) Scholarships Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended— (1) by redesignating part C as part E; (2) by redesignating section 261 as section 281; and (3) by inserting after part B the following new part: C STEM Teacher Scholarships 261. Program established The Secretary shall award scholarships, on a competitive basis and in accordance with this part, to students who are enrolled in studies leading to bachelor’s degrees, with concurrent certification as kindergarten, elementary, and secondary school teachers, in science, technology, engineering, and mathematics, and who have agreed to perform qualified service. 262. Selection of recipients (a) Selection criteria The Secretary shall develop selection criteria that the Secretary will use to award scholarships, and to renew those awards, based on established measurements of merit available to secondary students who wish to pursue degrees in science, technology, engineering, and mathematics. (b) Applications Any student desiring to receive a scholarship under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Duration of Scholarships; Renewal Scholarships shall be awarded for only one academic year of study at a time, and shall be renewable on an annual basis for the established length of the recipient’s academic program, not to exceed 6 academic years. The Secretary shall condition the renewal of scholarships on measures of academic progress and achievement. 263. Qualified service requirement (a) Qualified service agreement Any student who receives a scholarship under this part shall enter into an agreement with the Secretary to complete no less than 5 academic years of qualified service during a 7-year period, to begin no later than 12 months following the completion of a bachelor’s degree in science, technology, engineering, or mathematics. (b) Requirement enforced The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of scholarships under this subsection who complete bachelor’s degrees in science, technology, engineering, and mathematics, with teacher certification, subsequently perform 5 academic years of qualified service during a 7-year period, or repay the portion of the scholarship received for which the recipient did not perform the required qualified service, as determined by the Secretary. The Secretary shall use any such repayments to carry out additional activities under this part. (c) Definition For the purpose of this section, the term qualified service means full-time employment at a public or private kindergarten, elementary school, or secondary school as a teacher of a course in a science, technology, engineering, or mathematics field. 264. Awards (a) Scholarship award The Secretary shall provide each recipient with a scholarship in the amount of up to $20,000 to pay for the cost of attendance of the student for each academic year the student is eligible to receive the scholarship. The Secretary shall transfer such funds to the institution of higher education at which the recipient is enrolled. (b) Bonus award (1) Option for bonus award Any student who receives a scholarship under this part may elect to enter into a bonus agreement with the Secretary, in accordance with this subsection, for any academic year during which the student receives a scholarship under this part. (2) Bonus agreement A bonus agreement under paragraph (1) shall provide that— (A) the student shall perform one academic year of the qualified service agreed to under section 263(a) in a high-need local educational agency, as defined in section 200; and (B) the Secretary shall provide $10,000, in addition to the amount the student receives under subsection (a) , for each academic year in which the student enters into such bonus agreement. (3) Service requirement enforced The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of bonuses under this subsection fulfill the qualified service requirement in a high-need local educational agency, as defined in section 200, for a period of time equivalent to the period for which the recipient receives the bonus, or repays the portion of the bonus received for which the recipient did not perform the required qualified service in a high-need local educational agency, as determined by the Secretary. The Secretary shall use any such repayments to carry out additional activities under this subsection. (c) Maximum award The maximum award any student may receive under this section for an academic year shall be the student’s cost of attendance minus any grant aid such student receives from sources other than this section. 265. Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this part. . (c) Institutional grants for Integrated Degree Programs Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is further amended by inserting after part C, as added by subsection (b) of this section, the following new part: D Integrated Degree Programs 271. Program authorized (a) In general The Secretary is authorized to award grants to institutions of higher education, on a competitive basis, in order to pay for the Federal share of the cost of projects to establish, strengthen, and operate 4-year undergraduate degree programs through which students may concurrently— (1) earn a bachelor’s degree in science, technology, engineering, or mathematics; and (2) be certified to teach kindergarten, elementary, or secondary school. (b) Grant amount; Award period The Secretary may award grants to no more than 50 institutions of higher education each fiscal year, and a grant to an institution for a fiscal year shall not exceed $1,000,000. Grants shall be awarded for only one fiscal year at a time, and shall be renewable on an annual basis for up to 5 years. 272. Selection of grant recipients (a) Criteria The Secretary shall set criteria to evaluate the applications for grants under this part and the projects proposed to establish, strengthen, and operate 4-year integrated undergraduate degree programs. (b) Equitable distribution of grants To the extent practicable and consistent with the criteria under subsection (a) , the Secretary shall make grants under this part in such manner as to achieve an equitable distribution of the grant funds throughout the United States, considering geographic distribution, rural and urban areas, and range and type of institutions. 273. Application requirements In order to receive a grant under this part, an institution of higher education shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following: (1) A description of the proposed project. (2) A demonstration of— (A) the commitment, including the financial commitment, of the institution for the proposed project; and (B) the active support of the leadership of the institution for the proposed project. (3) A description of how the proposed project will be continued after Federal funds are no longer awarded under this part for the project. (4) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. 274. Matching requirement Each institution of higher education receiving a grant under this part shall provide, from non-Federal sources, an amount equal to the amount of the grant (in cash or in kind) to carry out the project supported by the grant. 275. Authorization of appropriations There are authorized to be appropriated to carry out this part $50,000,000 for each of the fiscal years 2014 through 2019. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3142ih/xml/BILLS-113hr3142ih.xml

113-hr-3143

I 113th CONGRESS 1st Session H. R. 3143 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. King of New York (for himself, Mr. Nadler , Mr. Frelinghuysen , Mrs. Carolyn B. Maloney of New York , Mr. Grimm , Mr. Meehan , Mr. Swalwell of California , and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To deter terrorism, provide justice for victims, and for other purposes. 1. Short title This Act may be cited as the Justice Against Sponsors of Terrorism Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) The Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity, and allow for victims of international terrorism to recover damages from those who have harmed them. (3) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (4) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States. (5) Foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. (6) The imposition of civil liability at every point along the causal chain of terrorism is necessary to deter the flow of money, which is the lifeblood of terrorism. As recognized by Judge Richard Posner in Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685, 690–91 (7th Cir. 2008) (en banc), [d]amages are a less effective remedy against terrorists and their organizations than against their financial angels[,] … suits against financiers of terrorism can cut the terrorists’ lifeline . (7) It is necessary to explicitly recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Anti-Terrorism Act of 1987 ( 22 U.S.C. 5201 et seq. ), especially given that the United States Courts of Appeals for the 2d and 7th Circuits have held that such theories of liability currently are not available. See Rothstein v. UBS AG, 708 F.3d 82 (2d Cir. 2013); Boim v. Holy Land Foundation for Relief and Development, 549 F.3d 685 (7th Cir. 2008) (en banc). (8) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Anti-Terrorism Act of 1987 ( 22 U.S.C. 5201 et seq. ). (9) The United Nations Security Council declared in Resolution 1373, adopted on September 28, 2001, that all countries have an affirmative obligation to “[r]efrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,” and to [e]nsure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice . (10) Consistent with these declarations, no country has the discretion to engage knowingly in the financing or sponsorship of terrorism, whether directly or indirectly. (11) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities. (12) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support or resources, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. 3. Foreign sovereign immunity Section 1605(a) of title 28, United States Code, is amended— (1) by amending paragraph (5) to read as follows: (5) not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of the office or employment of the official or employee (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to— (A) any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function, regardless of whether the discretion is abused; or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or ; and (2) by inserting after subsection (d) the following: (e) Definitions For purposes of subsection (a)(5)— (1) the terms aircraft sabotage , extrajudicial killing , hostage taking , and material support or resources have the meanings given those terms in section 1605A(h); and (2) the term terrorism means international terrorism and domestic terrorism, as those terms are defined in section 2331 of title 18. . 4. Aiding and abetting liability for civil actions regarding terrorist acts (a) In general Section 2333 of title 18, United States Code, is amended by adding at the end the following: (d) Liability In an action arising under subsection (a), liability may be asserted as to the person or persons who committed such act of international terrorism or any person or entity that aided, abetted, or conspired with the person or persons who committed such an act of international terrorism. (e) Non-Applicability of law of preclusion Any civil action or claim that seeks recovery under this chapter for conduct that was the basis of a civil action or claim previously dismissed for lack of subject matter jurisdiction for failure to meet the requirements for an exception under section 1605(a) of title 28 is not subject to dismissal under the law of preclusion. . (b) Effect on Foreign Sovereign Immunities Act Nothing in the amendments made by this section affects immunity of a foreign state, as that term is defined in section 1603 of title 28, United States Code, from jurisdiction under other law. 5. Jurisdiction for civil actions regarding terrorist acts Section 2334 of title 18, United States Code, is amended by inserting at the end the following: (e) Jurisdiction The district courts shall have personal jurisdiction, to the maximum extent permissible under the 5th Amendment to the Constitution of the United States, over any person who commits, aids and abets an act of international terrorism, or provides material support or resources as set forth in sections 2339A, 2339B, or 2339C, for acts of international terrorism in which any national of the United States suffers injury in his or her person, property, or business by reason of such an act in violation of section 2333. . 6. Liability for Government officials in civil actions regarding terrorist acts Section 2337 of title 18, United States Code, is amended to read as follows: 2337. Suits against Government officials No action may be maintained under section 2333 against— (a) the United States; (b) an agency of the United States; or (c) an officer or employee of the United States or any agency of the United States acting within the official capacity of the officer or employee or under color of legal authority. . 7. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. 8. Effective Date The amendments made by this Act shall apply to any civil action pending on, or commenced on or after, the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3143ih/xml/BILLS-113hr3143ih.xml

113-hr-3144

I 113th CONGRESS 1st Session H. R. 3144 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide Medicare coverage of extended care services without regard to a requirement for a 3-day prior hospitalization, and for other purposes. 1. Short title This Act may be cited as the Fairness for Beneficiaries Act of 2013 . 2. Medicare coverage of extended care services without a 3-day prior hospitalization (a) In general Subsection (f) of section 1812 of the Social Security Act ( 42 U.S.C. 1395d ) is amended to read as follows: (f) Coverage of extended care services without a 3-Day prior hospitalization (1) In general Coverage shall be provided under this part for an individual for extended care services in a skilled nursing facility that are not post-hospital extended care services if, before the individual is admitted to the skilled nursing facility, a physician or other qualified health care practitioner described in section 1814(a)(2) makes a determination that the provision of extended care services to the individual is medically necessary and has made the certification described in subparagraph (B) of such section with respect to such services (and continues to have such a certification made in the same manner as for post-hospital extended care services). (2) Continued application of certification and other requirements and provisions The requirements of paragraphs (2) and (6) of section 1814(a) and the provisions of subsections (b)(2) and (e) and sections 1852(l), 1861(v)(1)(G)(i), 1861(v)(2)(A), 1861(v)(3), 1861(y), 1861(tt)(1)(B), 1862(a)(18), 1866(a)(1)(H)(ii)(I), 1883(d), 1883(f), and 1888(e) shall apply to extended care services provided under this subsection in the same manner as they apply to post-hospital extended care services. (3) MAC determinations (A) Publication of requirements for determinations Not later than 6 months after the date of the enactment of this paragraph, the Secretary shall publish a set of uniform requirements that will enable the medicare administrative contractors to make determinations as to whether an admission described in paragraph (1) is medically necessary. (B) MAC audits A medicare administrative contractor may audit determinations described in paragraph (1) based on the uniform requirements established under subparagraph (A). In any administrative proceeding to review such determinations, the uniform requirements established by the Secretary shall be binding on administrative law judges. . (b) Effective date The amendment made by subsection (a) shall apply to extended care services furnished on or after the date that is 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3144ih/xml/BILLS-113hr3144ih.xml

113-hr-3145

I 113th CONGRESS 1st Session H. R. 3145 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. McDermott (for himself, Mr. Paulsen , and Mr. Ellison ) 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 permit students who were homeless youths or homeless veterans to occupy low-income housing units. 1. Students who were homeless youths or homeless veterans permitted to occupy low-income housing units (a) In general Section 42(i)(3)(D)(i) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II) and (III) as subclauses (IV) and (V) and inserting after subclause (I) the following new subclauses: (II) a student who was (prior to occupying such unit) a homeless child or youth (as defined in section 725 of the McKinney-Vento Homeless Assistance Act), (III) a student who was (prior to occupying such unit) a homeless veteran (as defined in section 2002 of title 38, United States Code), . (b) Effective date The amendments made by this section shall apply to determinations made on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3145ih/xml/BILLS-113hr3145ih.xml

113-hr-3146

I 113th CONGRESS 1st Session H. R. 3146 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Murphy of Florida (for himself, Mr. Coffman , Mr. Peters of California , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Armed Services , Foreign Affairs , the Judiciary , Financial Services , House Administration , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To take steps to reduce the deficit of the Federal Government. 1. Short title; table of contents (a) Short title This Act may be cited as the Savings, Accountability, Value, and Efficiency II Act or SAVE II Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Department of Defense unmanned aircraft systems. Sec. 3. Finalizing Department of Defense inventory management guidance. Sec. 4. Revocation or denial of passport and passport card in case of certain unpaid taxes. Sec. 5. Consideration of prospective antidumping and countervailing duty collection system. Sec. 6. Report on effectiveness of foreign assistance programs and projects. Sec. 7. Conversion of prison X-ray systems. Sec. 8. Prohibition on non-cost effective minting and printing of coins and currency. Sec. 9. Restrictions on printing and distribution of paper copies of Congressional documents. 2. Department of Defense unmanned aircraft systems (a) Examination To improve interoperability The UAS Task Force established by the Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an examination of the entire unmanned aircraft systems (UAS) portfolio of the Department of Defense, including UAS requirements, platforms, payloads, and ground control stations, for the purpose of developing strategies for improved interoperability of existing systems. (b) Incorporation in acquisition strategies In the acquisition strategies for each unmanned aircraft program commenced after the date of the enactment of this Act, the Secretary of Defense shall identify, prior to milestone B, areas in which commonality with other unmanned aircraft systems across the UAS portfolio will be achieved. (c) Independent study The Secretary of Defense shall request a federally funded research and development center to conduct an independent study— (1) to analyze the effectiveness of the UAS Task Force in addressing UAS interoperability and overlap issues; (2) to provide solutions, if needed, to existing interoperability and overlap issues; and (3) to determine whether a single entity would be better positioned than the UAS Task Force to integrate all crosscutting efforts to improve the management and operation of the UAS portfolio. (d) Report Not later than March 3, 2014, the Secretary of Defense shall submit to Congress a report containing the— (1) the results of the examination required by subsection (a); and (2) the results of the independent study required by subsection (c). 3. Finalizing Department of Defense inventory management guidance (a) Department of defense inventory management guidance As part of the implementation of the Department of Defense Comprehensive Inventory Management Improvement Plan, the Secretary of Defense shall issue revised inventory management guidance that— (1) strengthens demand forecasting, visibility of on-hand inventory, reviews of on-order excess inventory, and management of inventory held for economic and contingency reasons in order to prevent on-order and on-hand excess inventory; (2) establishes a comprehensive, standardized set of department-wide supply chain and inventory management metrics, including standardized definitions, to measure five key attributes (materiel readiness, responsiveness, reliability, cost, and planning and precision) of supply chain management operations; and (3) establishes procedures for measuring and reporting these metrics on a regular basis to ensure the effectiveness and cost-efficiency of supply chain and inventory management operations. (b) Completion and submission Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall complete the revision of inventory management guidance required by subsection (a) and submit the revised guidance to Congress. 4. Revocation or denial of passport and passport card in case of certain unpaid taxes (a) In general Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7345. Revocation or denial of passport and passport card in case of certain tax delinquencies (a) In general If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport or passport card pursuant to section 4 of the Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 . (b) Seriously delinquent tax debt For purposes of this section, the term seriously delinquent tax debt means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include— (1) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and (2) a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending. (c) Adjustment for inflation In the case of a calendar year beginning after 2013, the 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, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000. . (b) Clerical amendment The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 7345. Revocation or denial of passport and passport card in case of certain tax delinquencies. . (c) Authority for information sharing (1) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information to Department of State for purposes of passport and passport card revocation under section 7345 (A) In general The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to— (i) the taxpayer identity information with respect to such taxpayer, and (ii) the amount of such seriously delinquent tax debt. (B) Restriction on disclosure Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 4 of the Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 . . (2) Conforming amendment Paragraph (4) of section 6103(p) of such Code is amended by striking or (22) each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting (22), or (23) . (d) Revocation authorization The Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 , is amended by adding at the end the following: 4. Authority to deny or revoke passport and passport card (a) Ineligibility (1) Issuance Except as provided under subsection (b), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport or passport card to any individual who has a seriously delinquent tax debt described in such section. (2) Revocation The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1). (b) Exceptions (1) Emergency and humanitarian situations Notwithstanding subsection (a), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1) of such subsection. (2) Limitation for return to United States Notwithstanding subsection (a)(2), the Secretary of State, before revocation, may— (A) limit a previously issued passport or passport card only for return travel to the United States; or (B) issue a limited passport or passport card that only permits return travel to the United States. . (e) Effective date The amendments made by this section shall take effect on January 1, 2014. 5. Consideration of prospective antidumping and countervailing duty collection system (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress a report containing an evaluation of the merits and feasibility of converting from a retrospective antidumping and countervailing duty collection system to a prospective antidumping and countervailing duty collection system. If the Secretary recommends conversion to a particular prospective system, the Secretary shall include in the report an estimate of the costs to be incurred and cost savings to be achieved as a result of converting to such prospective system. (b) Consultation The Secretary of Commerce shall prepare the report under subsection (a) in consultation with the Secretary of Homeland Security and Secretary of the Treasury. 6. Report on effectiveness of foreign assistance programs and projects (a) Report required Not later than one year after the date of the enactment of this Act, the Inspector General of the United States Agency for International Development shall submit to Congress a report on the effectiveness of each foreign assistance program and project of the United States Agency for International Development. (b) Matters To be included The report required by subsection (a) shall, with respect to each such program and project, include a description of the following: (1) How funds and other resources provided to a foreign entity under the program or project are spent or used. (2) The extent to which such funds and other resources are spent or used in accordance with the purposes of the program or project. (3) The extent to which such funds and other resources assist in achieving the results intended for the program or project. (4) The extent to which there is a correlation between the program or project and a change in the policies or popular attitudes towards the United States in the foreign country in which the program or project is carried out. 7. Conversion of prison X-ray systems The Attorney General, in order to reduce the cost and improve the efficacy of Federal prison health care, shall, to the extent practicable and cost effective, convert by 2015 all X-ray systems in Federal prisons from analog, film-based systems to digital, filmless systems. 8. Prohibition on non-cost effective minting and printing of coins and currency (a) Prohibition with respect to coins Section 5111 of title 31, United States Code, is amended by adding at the end the following: (e) Prohibition on certain minting Notwithstanding any other provision of this subchapter, the Secretary may not mint or issue any coin that costs more to produce than the denomination of the coin (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). . (b) Prohibition with respect to currency Section 5114(a) of title 31, United States Code, is amended by adding at the end the following: (4) Prohibition on certain printing Notwithstanding any other provision of this subchapter, the Secretary may not engrave or print any United States currency that costs more to produce than the denomination of the currency (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). . 9. Restrictions on printing and distribution of paper copies of Congressional documents (a) Printing and Distribution of Documents by Public Printer (1) Restrictions Chapter 7 of title 44, United States Code, is amended by adding at the end the following new section: 742. Restrictions on printing and distribution of paper copies (a) Mandatory Use of Electronic Format for Distribution of Congressional Documents Notwithstanding any other provision of this chapter, the Public Printer shall make any document of the House of Representatives or Senate which is subject to any of the provisions of this chapter available only in an electronic format which is accessible through the Internet, and may not print or distribute a printed copy of the document except as provided in subsection (b). (b) Permitting Printing and Distribution of Printed Copies Upon Request Notwithstanding subsection (a), at the request of any person to whom the Public Printer would have been required to provide a printed copy of a document under this chapter had subsection (a) not been in effect, the Public Printer may print and distribute a copy of a document or report for the use of that person, except that— (1) the number of printed copies the Public Printer may provide to the person may not exceed the number of printed copies the Public Printer would have provided to the person had subsection (a) not been in effect; and (2) the Public Printer may print and distribute copies to the person only upon payment by the person of the costs of printing and distributing the copies, except that this paragraph shall not apply to an office of the House of Representatives or Senate (including the office of a Member of Congress). . (2) Clerical amendment The table of sections of chapter 7 of such title is amended by adding at the end following new item: 742. Restrictions on printing and distribution of paper copies. . (b) Provision of Documents in Electronic Format Deemed To Meet Requirements of House and Senate Rules Regarding Distribution of Printed Copies (1) In general If any rule or regulation of the House of Representatives or Senate requires a Member or committee to provide printed copies of any document (including any bill or resolution) for the use of the House or Senate or for the use of any office of the House or Senate, the Member or committee shall be considered to have met the requirement of the rule or regulation if the Member or committee makes the document available to the recipient in an electronic format. (2) Exercise of rulemaking authority of Senate and House This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (c) Effective Date This section and the amendments made by this section shall apply with respect to documents produced on or after January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr3146ih/xml/BILLS-113hr3146ih.xml

113-hr-3147

I 113th CONGRESS 1st Session H. R. 3147 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Pallone (for himself and Ms. DeLauro ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Food Labeling Modernization Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Additional requirements for front-of-packaging (FOP) labeling for processed foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Modernization of the Nutrition Facts Panel. Sec. 6. Ingredient labels. Sec. 7. Caffeine content on information panel. Sec. 8. Effective date; regulations. Sec. 9. Definitions. 2. Additional requirements for front-of-packaging (FOP) labeling for processed foods (a) Summary nutrition labeling information (1) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following new paragraph: (z) (1) Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears summary nutrition information that reflects the overall nutritional value of the food or specified ingredients, as specified in accordance with regulations of the Secretary, and does not contain any summary nutritional information which is in addition to or inconsistent with the information required under this subparagraph. . (2) Principles for implementing regulations In promulgating regulations regarding the summary nutrition information required under the amendment made by paragraph (1), the Secretary of Health and Human Services shall take into account published reports of the Institute of Medicine of the National Academy of Sciences regarding such information and base regulations on the following principles: (A) There should be a single simple, standard symbol system that displays calorie information related to a common serving size, and information related to nutrients strongly associated with public health concerns. (B) Consumers should be able to quickly and easily comprehend the meaning of the symbol system as an indicator of a product’s contribution to a healthy diet. (C) The information should appear on all products that are required to bear nutrition labeling. (D) The information should— (i) appear in a consistent location on the principal display panels across products; (ii) have a prominent design that visually contrasts with existing packaging design; and (iii) be sufficiently large. (E) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines of Americans. (F) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. (G) The Secretary should periodically evaluate the front-of-package information to assess its ability to help facilitate consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. (H) The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary. (b) Percentage of wheat and grains in grain-Based products Section 403(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(z) ), as added by subsection (a)(1), is further amended by adding at the end the following new subparagraph: (2) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the phrase made with whole grain , the term multigrain , or similar descriptive phrases, terms, or representations with respect to whole grain content, unless the amount of whole grains, expressed as a percentage of total grains, is conspicuously disclosed in immediate proximity to such descriptive phrase, term, or representation; or (B) the terms wheat or whole wheat on breads, pasta, crackers, or similar wheat-based products, unless the percentage of whole wheat by weight contained in the food is conspicuously declared in immediate proximity to that term or there is a conspicuous declaration that the food contains no whole wheat in immediate proximity to that term. . (c) Sweeteners, coloring, and flavoring Section 403(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(z) ) is further amended by adding at the end the following new subparagraph: (3) If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural coloring, any added artificial or natural non-caloric sweetener, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of a package or container of the food. . (d) Conforming amendment The second sentence of section 403(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(k) ) is amended by striking and (i) and inserting , (i), and (z) . (e) Construction Nothing in this section shall be construed as affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section or as restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel. 3. Claims for conventional foods (a) Structure and function claims (1) Guidance Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue comprehensive guidance clarifying the application of section 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) with respect to the mechanisms by which a nutrient in food (other than a dietary supplement) is intended to affect the structure or any function of the human body, or characterize the documented mechanism by which a nutrient in such food acts to maintain such structure or function. (2) Substantiation of claim Section 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) is amended— (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: (7) If the Secretary requests that a claim under paragraph (r)(1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim. . (b) Trans fats Section 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(A) ) is amended— (1) in subclause (iii)— (A) in the matter before item (I), by striking fat or saturated fat and inserting fat, saturated fat, or trans fats ; and (B) in item (II), by striking fat or saturated fat and inserting fat, saturated fat, or trans fats ; (2) in subclause (iv), by striking saturated fat and inserting saturated fat or trans fats each place it appears; (3) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (4) by inserting after subclause (iv) the following new subclause: (v) may not be made with respect to the level of trans fats in the food unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats, . 4. Use of specific terms (a) Use of the term natural Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 2, is further amended by adding at the end the following new paragraph: (aa) If, in the case of food other than a dietary supplement, the label bears the term natural and the food contains any artificial ingredient (including any artificial flavor or artificial color), including— (1) any ingredient that is synthesized but has the same chemical structure as a naturally occurring ingredient; (2) any ingredient that has undergone chemical changes, such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, cocoa processed with alkali, but not including— (A) food that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or (B) food that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or (3) any other artificially-created ingredient that the Secretary specifies in regulations. . (b) Use of term healthy The Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act relating to the use of the term healthy on the label of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains. In the case of a food (other than a dietary supplement) that contains grains, in revising such regulations, the Secretary shall not consider the food to be healthy unless at least half of those grains, by weight, are whole grains. 5. Modernization of the Nutrition Facts Panel (a) Disclosure of calorie information Section 403(q)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(q)(1) ) is amended— (1) by striking the period at the end of clause (E) and inserting a comma; (2) by inserting after clause (E) the following new clause: (F) in the case of food other than a dietary supplement— (i) the percent of recommended daily calories that are provided by one serving of the product, based on a recommended daily consumption of calories determined by the Secretary to be appropriate for members of the general population; and (ii) at the discretion of the Secretary, the percent of recommended daily calories that are provided by one serving of the product— (I) for members of any subpopulation identified by the Secretary; and (II) based on a recommended daily consumption of calories determined by the Secretary to be appropriate for members of such subpopulation. ; and (3) by adding, after the flush text following clause (F), as added by paragraph (2), the following: The information required under clause (C)(i) shall, in the case of food other than a dietary supplement, appear in a typeface and design which is more prominent and conspicuous than that used for other information required under this subparagraph. . (b) Serving size Section 403(q)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(q)(1)(A)(i) ) is amended by inserting , or, in the case of a food (other than a dietary supplement) that is packaged in an amount that could reasonably be consumed in a single-eating occasion, which is an amount equal to the amount of food contained in the package before , or . (c) Disclosure of information relating to sugar on nutrition fact panel (1) In general Section 403(q)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(q)(1) ), as amended by subsection (a), is amended— (A) in subparagraph (D), by striking sugars and inserting sugars (and, in the case of food other than a dietary supplement, total sugars, and, of that, added sugars) ; and (B) by inserting after clause (F) the following new clause: (G) in the case of food other than a dietary supplement— (i) the percent of added sugars recommended for daily consumption that are provided by one serving of the product, based on a recommended daily consumption of calories determined by the Secretary to be appropriate for members of the general population; and (ii) at the discretion of the Secretary, the percent of added sugars recommended for daily consumption that are provided by one serving of the product— (I) for members of any subpopulation identified by the Secretary; and (II) based on a recommended daily consumption of calories determined by the Secretary to be appropriate for members of such subpopulation. . 6. Ingredient labels (a) Grouping of sugars, non-Caloric sweeteners, and sugar alcohols for ordering of predominance Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by sections 2 and 4, is amended by adding at the end the following new paragraph: (bb) In case it is food other than a dietary supplement and is fabricated from two or more ingredients, unless— (A) any sugars, non-caloric sweeteners, or sugar alcohols are each treated as a group in the list of ingredients on the label, including for purposes of determining the order of predominance of ingredients; and (B) individual sugars, non-caloric sweeteners, and sugar alcohols are listed parenthetically within each such group in their order of predominance within the group. . (b) Format of ingredient labels (1) In general The Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) )— (A) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (B) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices. (2) Format requirements The format requirements referred to in paragraph (1) shall include requirements for upper- and lower-case characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations. 7. Caffeine content on information panel Section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ) is amended— (1) by striking and (2) and inserting (2) ; (2) by striking and if the food purports and inserting , (3) if the food purports ; and (3) by inserting , and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving after vegetable juice contained in the food . 8. Effective date; regulations (a) Effective date The amendments made by— (1) sections 3 through 7 shall take effect on the date that is 2 years after the date of enactment of this Act; and (2) section 2 shall take effect on the date that is 3 years after such date of enactment. (b) Regulations (1) Proposed regulations The Secretary of Health and Human Services shall propose regulations— (A) not later than 1 year after the date of enactment of this Act, to implement the amendments made by sections 3 through 7; and (B) not later than 2 years after such date of enactment, to implement the amendments made by section 2. (2) Final regulations The Secretary of Health and Human Services shall promulgate final regulations— (A) not later than 2 years after such date of enactment, to implement the amendments made by sections 3 through 7; and (B) not later than 3 years after such date of enactment to implement the amendments made by section 2. (3) Deadline If the Secretary of Health and Human Services does not issue a final regulation by the deadline specified in subparagraph (A) or (B) of paragraph (2), the corresponding proposed regulation under subparagraph (A) or (B) of paragraph (1) shall become final on the respective deadline. 9. Definitions In this Act, the terms food and dietary supplement have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3147ih/xml/BILLS-113hr3147ih.xml

113-hr-3148

I 113th CONGRESS 1st Session H. R. 3148 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Peters of California (for himself and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to apply the debt limit only to debt held by the public and to adjust the debt limit for increases in the gross domestic product. 1. Short title This Act may be cited as the Protect America’s Credit Act of 2013 . 2. Modification of debt limit (a) Application of debt limit only to debt held by the public (1) In general Section 3101(b) of title 31, United States Code, is amended by striking The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) and inserting The face amount of obligations issued under this chapter to the public and the face amount of obligations issued to the public whose principal and interest are guaranteed by the United States Government . (2) Debt limit reduced by amount of debt no longer subject to limitation Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) Effective on the date of the enactment of this subsection, the dollar amount in effect under subsection (b) shall be reduced by the excess of— (1) the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) determined as of the date of the enactment of this subsection, over (2) face amount of obligations issued under this chapter to the public and the face amount of obligations issued to the public whose principal and interest and guaranteed by the United States Government determined as of such date. . (b) Adjustment of debt limit for increases in the gross domestic product Section 3101 of title 31, United States Code, as amended by subsection (a), is amended by adding at the end the following new subsection: (e) (1) Effective January 1 of each calender year beginning after 2013, the dollar amount in effect under subsection (b) shall be increased by an amount equal to the product of such amount as in effect as of the close of the preceding calendar year multiplied by the percentage (if any) by which— (A) the Current-Dollar GDP for the third quarter of the preceding calendar year, exceeds (B) the Current-Dollar GDP for the third quarter of the second preceding calendar year. (2) The term Current-Dollar GDP means the current-dollar gross domestic product as computed and published by the Department of Commerce. (3) On or before December 31 of each calendar year after 2014, the Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate which includes— (A) the amount of the increase in the debt limit which will take effect under paragraph (1) on January 1 of the next calendar year, and (B) a description of how each increase in the statutory limit compares to the actual increase in debt. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3148ih/xml/BILLS-113hr3148ih.xml

113-hr-3149

I 113th CONGRESS 1st Session H. R. 3149 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Peters of California (for himself and Mr. Schrader ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Congressional Budget Act of 1974 to provide for a debt stabilization process, and for other purposes. 1. Short title This Act may be cited as the Pay Down the Debt Act of 2013 . 2. Debt stabilization process (a) In general The Congressional Budget Act of 1974 is amended by inserting after title V the following: VI Debt stabilization 601. Debt stabilization process (a) Budget targets The budget target— (1) for fiscal year 2016 is a ratio of debt held by the public to the estimated gross domestic product (GDP) of the United States that is lower than the ratio in fiscal year 2015; and (2) for a fiscal year after fiscal year 2016 is a ratio of debt held by the public to the estimated gross domestic product (GDP) of the United States that does not exceed the ratio in the prior fiscal year. (b) Reports During January of each calendar year beginning in 2014, the Director of the Office of Management and Budget shall report to the President and the Director of the Congressional Budget Office shall report to Congress whether the projected debt held by the public-to-GDP ratio will exceed the prior fiscal year’s ratio in any of the five ensuing fiscal years. (c) President’s budget If the report of the Director of the Office of Management and Budget indicates that for any of fiscal years 2016 through 2024 the ratios set forth in subsection (a)(1) or (a)(2) will be exceeded, then the budget submission of the President under section 1105(a) of title 31, United States Code, for that fiscal year shall include legislative recommendations that achieve the applicable budget targets set forth in subsection (a). (d) Congressional action (1) In general If the report of the Director of the Congressional Budget Office under subsection (b) indicates that for any of fiscal years 2016 through 2024, the ratios set forth in subsection (a)(1) or (a)(2) will be exceeded, then the concurrent resolution on the budget for that fiscal year shall include stabilization instructions pursuant to section 310 directing committees of the House of Representatives and the Senate to determine and recommend changes in laws within their jurisdictions that achieve the budget targets set forth in subsection (a). (2) Point of order It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or amendment thereto or conference report thereon, that fails to include directions to committees sufficient to achieve the budget targets set forth in subsection (a). (3) Discretionary spending limits Any changes in the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 contained in any stabilization legislation referred to in this subsection shall not be considered to be extraneous matter for purposes of section 313. (e) Enforcing stabilization requirement (1) In general If, in any calendar year in which the debt stabilization process has been triggered under subsection (d), Congress has not agreed to stabilization legislation and transmitted such legislation to the President, it shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, providing a net increase in mandatory budget authority or a net decrease in revenues. (2) Point of order in House of Representatives (A) In general It shall not be in order in the House of Representatives to consider a rule or order that waives the application of paragraph (1). (B) Disposition if point of order As disposition of points of order under paragraph (1), the Chair shall put the question of consideration with respect to the proposition that is subject to the points of order. (C) Debate A question of consideration under this paragraph shall be debatable for ten minutes by each Member initiating a point of order and for ten minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (D) Amendments The disposition of the question of consideration under this paragraph with respect to a bill or resolution shall be considered also to determine the question of consideration under this paragraph with respect to an amendment made in order as original text. (3) Senate Paragraph (1) may be waived or suspended in the Senate only by three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). (f) Suspension during low growth (1) In general The requirements of this title for any fiscal year shall be suspended— (A) if the Secretary of the Treasury notifies the President and each House of Congress and publishes in the Federal Register that the estimated real gross domestic product of the United States for the calendar year during which such fiscal year begins would exceed the real gross domestic product of the prior calendar year by less than one percent; or (B) upon the enactment of a joint resolution stating that the stabilization legislation would cause or exacerbate an economic downturn. (2) Exception This subsection shall not apply to the reporting requirements set forth in subsection (b). (3) End of suspension In the event of a suspension of the requirements of this title under paragraph (1) or (2), then, effective with regard to the first fiscal year beginning at least 6 months after the notification by the Secretary of the Treasury or the enactment of the joint resolution, as applicable, such suspension is no longer in effect. 602. Consideration of alternative proposals (a) Introduction of alternative proposal If, in any calendar year in which the debt stabilization process has been triggered by a report by the Director of the Congressional Budget Office under section 601(b), Congress has not agreed to a congressional resolution on the budget by June 15 that meets the requirements of section 601, then any Member of the House of Representatives or the Senate may introduce a bill to provide for changes in law sufficient to achieve the applicable budget target set forth in section 601(a). Such bill shall have the following long title: To stabilize the debt pursuant to section 602 of the Congressional Budget Act of 1974. . (b) CBO estimate Upon the introduction of a bill referred to in subsection (a), the Director of the Congressional Budget Office shall prepare and submit to the appropriate committees of the House of Representatives and the Senate, as applicable, a cost estimate of that bill for the time period described in section 601(b). (c) Expedited consideration (1) Required cosponsorship Any bill introduced pursuant to subsection (a)— (A) in the House of Representatives shall receive expedited consideration pursuant to paragraph (2) if such bill has not less than 50 cosponsors; or (B) in the Senate shall receive expedited consideration pursuant to paragraph (2) if such bill has not less than 10 cosponsors. (2) Consideration in the House of Representatives (A) Referral and reporting Any committee of the House of Representatives to which a bill produced pursuant to paragraph (1) is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (B) Proceeding to consideration Not later than 3 legislative days after the bill referred to in paragraph (1) is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration If the motion to proceed is agreed to, the House shall immediately proceed to consider the bill referred to in paragraph (1) in the House without intervening motion. Such bill shall be considered as read. All points of order against such bill and against its consideration are waived. The previous question shall be considered as ordered on such bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of such bill shall not be in order. (3) Consideration in the Senate (A) Committee action The appropriate committees of the Senate shall report without amendment the bill referred to in paragraph (1) not later than the third session day after introduction. If a committee fails to report such bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of such bill and it shall be placed on the appropriate calendar. (B) Motion to proceed Not later than 3 session days after the bill referred to in paragraph (1) is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider such bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to such bill. (C) Consideration If a motion to proceed to the consideration of the bill referred to in paragraph (1) is agreed to, the Senate shall immediately proceed to consideration of such bill without intervening motion, order, or other business, and such bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against such bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with such bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit such bill is not in order. A motion to reconsider the vote by which such bill is agreed to or disagreed to is not in order. (4) Amendments prohibited No amendment to, or motion to strike a provision from, a bill referred to in paragraph (1) considered under this section shall be in order in either the Senate or the House of Representatives. (5) Coordination with action by other house If, before passing the bill referred to in paragraph (1), one House receives from the other a bill— (A) the bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no such bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant such bill of the receiving House. 603. Definition As used in this title, the term stabilization legislation means any legislation designated in the text as stabilization legislation which the chairman of the Committee on the Budget of the House of Representatives or the Senate certifies would reduce the deficit or debt held by the public below the levels required by this title. . (b) Conforming amendment The table of contents of the Congressional Budget Act of 1974 is amended by inserting after the items relating to title V the following: Title VI—Debt stabilization Sec. 601. Debt stabilization process. Sec. 602. Consideration of alternative proposals. Sec. 603. Definition. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3149ih/xml/BILLS-113hr3149ih.xml

113-hr-3150

I 113th CONGRESS 1st Session H. R. 3150 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Cartwright (for himself, Mr. Cárdenas , Ms. Clarke , Mr. Grijalva , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Ms. Norton , Mr. Peters of Michigan , Mr. Vargas , Mr. Nadler , Mr. Scott of Virginia , Mr. Andrews , and Mr. Perlmutter ) 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 under the Medicare Program of hearing aids and related hearing services. 1. Short title This Act may be cited as the Help Extend Auditory Relief (HEAR) Act of 2013 . 2. Medicare coverage of hearing rehabilitation (a) Coverage of aural rehabilitation services Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (EE), by striking and at the end; (2) in subparagraph (FF) by inserting and at the end; and (3) by adding at the end the following new subparagraph: (GG) aural rehabilitation services (as described in subsection (iii)(1)(A)); . (b) Coverage of hearing aids as durable medical equipment Section 1861(s)(8) of the Social Security Act ( 42 U.S.C. 1395x(s)(8) ) is amended by inserting and hearing aids (as defined in subsection (iii)(3)) before the period. (c) Hearing rehabilitation and hearing aid defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) Hearing rehabilitation (1) The term hearing rehabilitation means— (A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and (B) hearing aids (as defined in paragraph (3)). (2) The services described in this subparagraph include— (A) aural rehabilitation services; (B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and (C) a threshold test to determine audio acuity. (3) (A) The term hearing aid means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). (B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. (C) The services described in this subparagraph include— (i) audiology services (as defined in subsection (ll)(2)); (ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; (iii) procurement of an appropriate hearing aid; (iv) initial fitting and adjustment of the hearing aid; (v) appropriate instruction on the use of the hearing aid; (vi) periodic refittings and adjustments; and (vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. (D) The individuals described in this subparagraph— (i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; (ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and (iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual. . (d) Inclusion of audiology rehabilitation services Section 1861(ll)(2) of the Social Security Act ( 42 U.S.C. 1395x(ll)(2) ) is amended by inserting and rehabilitation after balance assessment . (e) Exception to exclusions from coverage Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (O), by striking and at the end; (B) in subparagraph (P); by striking the semicolon at the end and inserting , and ; and (C) by adding at the end the following new subparagraph: (Q) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(iii)(3)(D)(ii). ; and (2) in paragraph (7) by striking hearing aids or examinations therefor . (f) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after January 1 of such year, not later than the third year beginning after such date of enactment, as the Secretary of Health and Human Services shall specify.

https://www.govinfo.gov/content/pkg/BILLS-113hr3150ih/xml/BILLS-113hr3150ih.xml

113-hr-3151

I 113th CONGRESS 1st Session H. R. 3151 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Reed (for himself, Mr. Kelly of Pennsylvania , Mr. Young of Indiana , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title IV of the Social Security Act to modify the State maintenance of effort requirement, and for other purposes. 1. Short title This Act may be cited as the Promoting Assistance with Transitional Help Act . 2. Modification of State maintenance of effort requirement (a) In general Section 409(a)(7)(B)(i)(I) of the Social Security Act ( 42 U.S.C. 609(a)(7)(B)(i)(I) ) is amended— (1) in item (aa), by inserting before the period at the end the following: , but not including (except as provided in item (dd)) cash assistance provided to families that would be eligible for assistance under the State program funded under this part but for the application of section 408(a)(7) ; and (2) by redesignating items (dd) and (ee) as items (ee) and (ff) and inserting after item (cc) the following: (dd) Transitional assistance provided to families that would be eligible for assistance under the State program funded under this part but for the application of section 408(a)(7) in an amount not more than the amount necessary to replace the loss of any food assistance, rent assistance, low-income energy assistance, and childcare assistance lost as a result of increased family income from earnings or child support payments, for not more than 1 year after such loss. . (b) Effective date The amendments made by subsection (a) shall apply with respect to qualified State expenditures made by a State in any fiscal year that begins on or after October 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3151ih/xml/BILLS-113hr3151ih.xml

113-hr-3152

I 113th CONGRESS 1st Session H. R. 3152 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Reed introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Armed Services , House Administration , Ways and Means , Energy and Commerce , and Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit Members of Congress, the President, the Vice President, and the head of any Executive department from receiving pay for any period in which there is a Government shutdown and to provide for payments to seniors, military and veterans during a Government shutdown. 1. Short title This Act may be cited as the Pay Our Veterans and Seniors First Act . 2. Prohibition (a) In general A Member of Congress, the President, the Vice President, and the head of any Executive department shall not receive basic pay for any period in which there is more than a 24-hour lapse in appropriations for any Executive agency as a result of a failure to enact a regular appropriations bill or continuing resolution. (b) Retroactive Pay Prohibited No pay forfeited in accordance with subsection (a) may be paid retroactively. 3. Continuation of payments for certain purposes During any lapse in appropriations during fiscal year 2014 when interim or full-year appropriations for the affected accounts have not been enacted, from amounts in the general fund of the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the appropriate Secretary such amounts as are necessary to provide the following: (1) Pay and allowances to members of the Armed Forces, including reserve component members, who perform active service. (2) Benefits under— (A) the TRICARE for Life program under chapter 55 of title 10, United States Code; (B) the Medicare program under title XVIII of the Social Security Act; and (C) title II of the Social Security Act. (3) Benefits and programs under title 38, United States Code. 4. Definitions For purposes of this Act— (1) the term Executive department has the meaning given such term by section 101 of title 5, United States Code; and (2) the term Executive agency has the meaning given such term by section 105 of title 5, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr3152ih/xml/BILLS-113hr3152ih.xml

113-hr-3153

I 113th CONGRESS 1st Session H. R. 3153 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Richmond introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to establish the Office of School Discipline Policy, and for other purposes. 1. Short title This Act may be cited as the Student Disciplinary Fairness Act of 2013 . 2. Findings Congress finds the following: (1) Too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school. (2) Common behavioral infractions at school often result in suspension, expulsion, or incarceration of the juvenile students involved. (3) Zero-tolerance school discipline policies increase the number of incarcerated juveniles. (4) Research shows that juveniles who are incarcerated are significantly less likely to complete secondary school, experience less human capital development and diminished earnings potential, and are more likely to recidivate and be incarcerated as adults. 3. School Discipline Policy The Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ) is amended by inserting after title V the following new title: VI School Discipline Policy 601. Establishment of office (a) In general There is hereby established within the Office of Juvenile Justice and Delinquency Prevention an Office of School and Discipline Policy (referred to in this title as the Office ), headed by a Director appointed by the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (b) Purpose The purpose of the Office shall be to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. 602. Duties The Office shall— (1) collect and publish data, in collaboration with the Office for Civil Rights of the Department of Education, relating to the arrest and incarceration of juvenile students for violations of school rules or policies; (2) work with States, units of local government, local educational agencies, and non-governmental organizations in order to expand the use of alternatives to detention and incarceration programming in schools in order to reduce the number of juvenile students who are arrested and incarcerated for violating school rules or policies; and (3) collect and publish data, in collaboration with the Office of Justice Programs, relating to the relationship between the presence of a school resource officer at a school and the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies. 603. School Discipline Policy Grant Program (a) Grants authorized The Director may make grants to States, units of local government, and local educational agencies in order to further the purpose described in section 601(b). (b) Application A State, unit of local government, or local educational agency seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require. (c) Preference The Director shall give preference in awarding grants to an applicant that demonstrates that it has, at the time of submitting an application, begun to take steps to further the purpose described in section 601(b). (d) Uses of funds A State, unit of local government or local educational agency that receives a grant under this section shall use such funds for programs that reduce the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies, and any other activity that the Director determines will further the purpose described in section 601(b). 604. Definitions In this title: (1) The term school means an elementary school or a secondary school as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) The term school resource officer has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 ). (3) The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) The term juvenile student means a juvenile who is enrolled in school. 605. Authorization of Appropriations There is authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this title. . 4. Conditions for States to receive COPS on the beat grants Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended— (1) in paragraph (10), by striking and at the end; (2) in paragraph (11), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (11), the following new paragraph: (12) in the case of an applicant that is a State or unit of local government, provide assurances that— (A) the administration of juvenile justice in the applicant’s jurisdiction is consistent with any requirements of the United States Constitution and the 4th, 5th, and 14th amendments to the Constitution, including assurances that— (i) before a juvenile is arrested, the arresting law enforcement officer must have probable cause specific to that juvenile; and (ii) juveniles who are arrested must receive adequate procedural due process, including— (I) adequate and timely notice to the juvenile and the juvenile’s guardian regarding any court proceedings related to the incident for which the juvenile was arrested; (II) representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration; (III) protections against self-incrimination; and (IV) an opportunity to cross-examine any witness testifying against the juvenile; and (B) any contract governing the terms of probation for a juvenile shall not contain any clauses that— (i) the juvenile cannot understand; and (ii) in the case of a juvenile student (as such term is defined in section 604 of the Juvenile Justice and Delinquency Prevention Act of 1974), could result in incarceration for violations of school rules or policies. . 5. Authority for the Attorney General to access certain records relating to juvenile justice Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14141 ) is amended by adding at the end the following: (c) Access to certain records relating to juvenile justice The Attorney General may issue subpoenas requiring the production of any documents relating to any matter which the Attorney General is authorized to investigate under subsection (a). . 6. Department of Education grant program (a) Program authorized From the amounts appropriated to carry out this section, the Secretary of Education (acting through the Office of Civil Rights of the Department of Education) shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials. (b) Application To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including information that demonstrates that the eligible entity— (1) is fully compliant with all applicable Federal school discipline data reporting requirements, including, if applicable, the reporting requirements of section 618 of the Individuals with Disabilities Education Act of 1965 ( 20 U.S.C. 1418(a) ); and (2) has provided complete information to all applicable data surveys of Department of Education, including the Office for Civil Rights. (c) Limitation An elementary school or secondary school may only receive assistance under this section during a grant period from 1 eligible entity receiving a grant under this section during the grant period. (d) Definitions For purposes of this section: (1) Eligible entity The term eligible entity means a State, unit of general local government, or juvenile justice agency. (2) General ESEA terms The terms elementary schools , secondary schools , and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) School personnel The term school personnel has the meaning given the term in section 4151 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161 ). (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr3153ih/xml/BILLS-113hr3153ih.xml

113-hr-3154

I 113th CONGRESS 1st Session H. R. 3154 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Rokita (for himself, Mr. Alexander , Mrs. Black , Mrs. Blackburn , Mr. Broun of Georgia , Mr. Bucshon , Mr. Burgess , Mr. Campbell , Mr. Cassidy , Mr. Chaffetz , Mr. Cole , Mr. Conaway , Mr. Crawford , Mr. DesJarlais , Mr. Duncan of South Carolina , Mr. Duncan of Tennessee , Mr. Farenthold , Mr. Fincher , Mr. Fleischmann , Mr. Franks of Arizona , Mr. Gingrey of Georgia , Mr. Gosar , Mr. Gowdy , Mr. Graves of Georgia , Mr. Griffin of Arkansas , Mr. Harper , Mrs. Hartzler , Mr. Hensarling , Mr. Hudson , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Hurt , Mr. Jones , Mr. King of Iowa , Mr. Lamborn , Mr. Lankford , Mr. Long , Mr. McClintock , Mr. Miller of Florida , Mr. Mulvaney , Mr. Nunnelee , Mr. Olson , Mr. Pearce , Mr. Ribble , Mr. Roe of Tennessee , Mr. Scalise , Mr. Austin Scott of Georgia , Mr. Smith of Texas , Mr. Stivers , Mr. Stutzman , Mrs. Wagner , Mr. Westmoreland , Mr. Wilson of South Carolina , Mr. Womack , Mr. Young of Indiana , Mr. Mica , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to permit employers to pay higher wages to their employees. 1. Short title This Act may be cited as the Rewarding Achievement and Incentivizing Successful Employees Act or the RAISE Act . 2. Payment of higher wages Section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) is amended— (1) by inserting (1) after (a) ; and (2) by adding at the end the following: (2) Notwithstanding a labor organization’s exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either— (A) section 8(a)(1) or 8(a)(5), or (B) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the RAISE Act, shall prohibit an employer from paying an employee in the unit greater wages, pay, or other compensation for, or by reason of, his or her services as an employee of such employer, than provided for in such contract or agreement. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3154ih/xml/BILLS-113hr3154ih.xml

113-hr-3155

I 113th CONGRESS 1st Session H. R. 3155 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Ms. Ros-Lehtinen introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To promote transparency, accountability, and reform within the United Nations system, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the United Nations Transparency, Accountability, and Reform Act of 2013 . (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—FUNDING OF THE UNITED NATIONS Sec. 101. Findings. Sec. 102. Apportionment of the United Nations regular budget on a voluntary basis. Sec. 103. Budget justification for United States contributions to the regular budget of the United Nations. Sec. 104. Report on United Nations reform. Title II—TRANSPARENCY AND ACCOUNTABILITY FOR UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS Sec. 201. Findings. Sec. 202. Definitions. Sec. 203. Oversight of United States contributions to the United Nations System. Sec. 204. Transparency for United States contributions. Sec. 205. Integrity for United States contributions. Sec. 206. Refund of monies owed by the United Nations to the United States. Sec. 207. Annual reports on United States contributions to the United Nations. Sec. 208. Report on United Nations procurement practices. Title III—UNITED STATES POLICY AT THE UNITED NATIONS Sec. 301. Annual publication. Sec. 302. Annual financial disclosure. Sec. 303. Policy with respect to expansion of the Security Council. Sec. 304. Access to reports and audits. Sec. 305. Waiver of immunity. Sec. 306. Terrorism and the United Nations. Sec. 307. Report on United Nations personnel. Sec. 308. United Nations treaty bodies. Sec. 309. Equality at the United Nations. Sec. 310. Anti-Semitism and the United Nations. Sec. 311. Regional group inclusion of Israel. Sec. 312. United States policy on Taiwan’s participation in United Nations entities. Sec. 313. United States policy on Tier 3 human rights violators. Title IV—STATUS OF PALESTINIAN ENTITIES AT THE UNITED NATIONS Sec. 401. Findings. Sec. 402. Statement of policy. Sec. 403. Implementation. Title V—UNITED NATIONS HUMAN RIGHTS COUNCIL Sec. 501. Findings. Sec. 502. Human rights council membership and funding. Title VI—GOLDSTONE REPORT Sec. 601. Findings. Sec. 602. Statement of policy. Sec. 603. Withholding of funds; refund of United States taxpayer dollars. Title VII—DURBAN PROCESS Sec. 701. Findings. Sec. 702. Sense of Congress; statement of policy. Sec. 703. Non-participation in the durban process. Sec. 704. Withholding of funds; refund of United States taxpayer dollars. Title VIII—UNRWA Sec. 801. Findings. Sec. 802. United States contributions to UNRWA. Sec. 803. Sense of Congress. Title IX—INTERNATIONAL ATOMIC ENERGY AGENCY Sec. 901. Technical cooperation program. Sec. 902. United States policy at the IAEA. Sec. 903. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA. Title X—PEACEKEEPING Sec. 1001. Reform of United Nations peacekeeping operations. Sec. 1002. Policy relating to reform of United Nations peacekeeping operations. Sec. 1003. Certification. 2. Definitions In this Act: (1) Employee The term employee means an individual who is employed in the general services, professional staff, or senior management of the United Nations, including consultants, contractors, and subcontractors. (2) General assembly The term General Assembly means the General Assembly of the United Nations. (3) Member state The term Member State means a Member State of the United Nations. Such term is synonymous with the term country . (4) Secretary The term Secretary means the Secretary of State. (5) Secretary general The term Secretary General means the Secretary General of the United Nations. (6) Security council The term Security Council means the Security Council of the United Nations. (7) U N The term UN means the United Nations. (8) United nations entity The term United Nations Entity means any United Nations agency, commission, conference, council, court, department, forum, fund, institute, office, organization, partnership, program, subsidiary body, tribunal, trust, university or academic body, related organization or subsidiary body, wherever located, that flies the United Nations flag or is authorized to use the United Nations logo, including those United Nations affiliated agencies and bodies identified as recipients of United States contributions under section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ), but not including the International Bank for Reconstruction and Development, the International Centre for Settlement of Investment Disputes, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, and the World Trade Organization. (9) United nations system The term United Nations System means the aggregation of all United Nations Entities, as defined in paragraph (8). (10) United states contribution The term United States Contribution means an assessed or voluntary contribution, whether financial, in-kind, or otherwise, from the United States Federal Government to a United Nations Entity, including contributions passed through other entities for ultimate use by a United Nations Entity. United States Contributions include those contributions identified pursuant to section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ). (11) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives; and (B) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate. I FUNDING OF THE UNITED NATIONS 101. Findings Congress makes the following findings: (1) The United States pays billions of dollars into the United Nations system every year (almost $7,700,000,000 in 2010, according to the White House Office of Management and Budget), significantly more than any other nation. (2) Under current rules and contribution levels, it is possible to assemble the two-thirds majority needed for important United Nations budget votes with a group of countries that, taken together, pay less than 1 percent of the total United Nations regular budget. (3) The disconnect between contribution levels and management control creates significant perverse incentives in terms of United Nations spending, transparency, and accountability. (4) The United Nations system suffers from unacceptably high levels of waste, fraud, and abuse, which seriously impair its ability to fulfill the lofty ideals of its founding. (5) Amidst the continuing financial, corruption, and sexual abuse scandals of the past several years, American public disapproval of United Nations has reached all-time highs. A 2013 Gallup poll revealed that 50 percent of Americans believe that the United Nations is doing a poor job, a negative assessment shared by a majority of respondents from both political parties. (6) Significant improvements in United Nations transparency and accountability are necessary for improving public perceptions of American support for United Nations operations. (7) Because of their need to justify future contributions from donors, voluntarily funded organizations have more incentive to be responsive and efficient in their operations than organizations funded by compulsory contributions that are not tied to performance. (8) Catherine Bertini, the former United Nations Under-Secretary General for Management and director of the World Food Program (WFP), has stated that Voluntary funding creates an entirely different atmosphere at WFP than at the UN. At WFP, every staff member knows that we have to be as efficient, accountable, transparent, and results-oriented as possible. If we are not, donor governments can take their funding elsewhere in a very competitive world among UN agencies, NGOs, and bilateral governments. . (9) Article XVII of the Charter of the United Nations, which states that [t]he expenses of the Organization shall be borne by the Members as apportioned by the General Assembly , leaves to the discretion of the General Assembly the basis of apportionment, which could be done on the basis of voluntary pledges by Member States. (10) Unlike United States assessed contributions to the United Nations regular budget, which are statutorily capped at 22 percent of the total, there is no cap on voluntary contributions. (11) The United States, which contributes generously to international organizations whose activities it recognizes as credible, worthwhile, and efficient, contributes more than 22 percent of the budget of certain voluntarily funded United Nations Specialized Agencies. (12) John Bolton, Former United States Permanent Representative to the United Nations, has stated that Moving to voluntary funding would end the UN practice of charging member states for the expenses of the UN and its activities. Member states would instead determine for themselves how much to provide to the UN and, importantly, the specific tasks and activities that those contributions would support. The shift toward a voluntary payment system would impose a stronger market incentive for UN programs and activities to meet their goals and justify continued funding. . 102. Apportionment of the United Nations regular budget on a voluntary basis (a) United States policy (1) In general It is the policy of the United States to seek to shift the funding mechanism for the regular budget of the United Nations from an assessed to a voluntary basis. (2) Action at united nations The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to shift the funding mechanism for the regular budget of the United Nations to a voluntary basis, and to make it a priority to build support for such a transformational change among Member States, particularly key United Nations donors. (b) Certification of predominantly voluntary U N regular budget finding A certification described in this section is a certification by the Secretary of State to the Appropriate Congressional Committees that at least 80 percent of the total regular budget (not including extra-budgetary contributions) of the United Nations is apportioned on a voluntary basis. Each such certification shall be effective for a period of not more than 1 year, and shall be promptly revoked by the Secretary, with notice to the appropriate congressional committees, if the underlying circumstances change so as not to warrant such certification. (c) Withholding of nonvoluntary contributions (1) In general Beginning 2 years after the effective date of this Act and notwithstanding any other provision of law, no funds may be obligated or expended for a United States assessed contribution to the regular budget of the United Nations in an amount greater than 50 percent of the United States share of assessed contributions for the regular budget of the United Nations unless there is in effect a certification by the Secretary, as described in subsection (b). (2) Allowance For a period of 1 year after appropriation, funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to paragraph (1) may be obligated and expended for that purpose upon the certification described in subsection (b). After 1 year, in the absence of such certification, those funds shall revert to the United States Treasury. 103. Budget justification for United States contributions to the regular budget of the United Nations (a) Detailed itemization The annual congressional budget justification shall include a detailed itemized request in support of the contribution of the United States to the regular budget of the United Nations. (b) Contents of detailed itemization The detailed itemization required under subsection (a) shall— (1) contain information relating to the amounts requested in support of each of the various sections and titles of the regular budget of the United Nations; and (2) compare the amounts requested for the current year with the actual or estimated amounts contributed by the United States in previous fiscal years for the same sections and titles. (c) Adjustments and notification If the United Nations proposes an adjustment to its regular assessed budget, the Secretary of State shall, at the time such adjustment is presented to the Advisory Committee on Administrative and Budgetary Questions (ACABQ), notify and consult with the appropriate congressional committees. 104. Report on United Nations reform (a) In general Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on United Nations reform. (b) Contents The report required under subsection (a) shall describe— (1) progress toward the goal of shifting the funding for the United Nations Regular Budget to a voluntary basis as identified in section 102, and a detailed description of efforts and activities by United States diplomats and officials toward that end; (2) progress toward each of the policy goals identified in the prior sections of this title, and a detailed, goal-specific description of efforts and activities by United States diplomats and officials toward those ends; (3) the status of the implementation of management reforms within the United Nations and its specialized agencies; (4) the number of outputs, reports, or other mandates generated by General Assembly resolutions that have been eliminated; (5) the progress of the General Assembly to modernize and streamline the committee structure and its specific recommendations on oversight and committee outputs, consistent with the March 2005 report of the Secretary General entitled In larger freedom: towards development, security and human rights for all ; (6) the status of the review by the General Assembly of all mandates older than 5 years and how resources have been redirected to new challenges, consistent with such March 2005 report of the Secretary General; (7) the continued utility and relevance of the Economic and Financial Committee and the Social, Humanitarian, and Cultural Committee, in light of the duplicative agendas of those committees and the Economic and Social Council; and (8) whether the United Nations or any of its specialized agencies has contracted with any party included on the Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs. II TRANSPARENCY AND ACCOUNTABILITY FOR UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS 201. Findings Congress makes the following findings: (1) As underscored by continuing revelations of waste, fraud, and abuse, oversight and accountability mechanisms within the United Nations system remain significantly deficient, despite decades of reform attempts, including those initiated by Secretaries General of the United Nations. (2) Notwithstanding the personal intentions of any Secretary General of the United Nations to promote institutional transparency and accountability within the United Nations System, the Secretary General lacks the power to impose far reaching management reforms without the concurrence of the General Assembly. (3) Groupings of Member States whose voting power in the General Assembly significantly outpaces their proportional contributions to the United Nations system have repeatedly and successfully defeated, delayed, and diluted various reform proposals that would have enabled more detailed oversight and scrutiny of United Nations system operations and expenditures. (4) To an unacceptable degree, major donor states, including the United States, lack access to reasonably detailed, reliable information that would allow them to determine how their contributions have been spent by various United Nations system entities, further contributing to the lack of accountability within the United Nations system. 202. Definitions In this title: (1) Transparency certification The term Transparency Certification means an annual, written affirmation by the head or authorized designee of a United Nations Entity, provided to the Department of State, that the Entity will cooperate with the Department of State and Congress, including by providing the Department of State and Congress with full, complete, and unfettered access to Oversight Information as defined in this title. (2) Oversight information The term Oversight Information includes— (A) internally and externally commissioned audits, investigatory reports, program reviews, performance reports, and evaluations; (B) financial statements, records, and billing systems; (C) program budgets and program budget implications, including revised estimates and reports produced by or provided to the Secretary General and the Secretary General’s agents on budget related matters; (D) operational plans, budgets, and budgetary analyses for peacekeeping operations; (E) analyses and reports regarding the scale of assessments; (F) databases and other data systems containing financial or programmatic information; (G) documents or other records alleging or involving improper use of resources, misconduct, mismanagement, or other violations of rules and regulations applicable to the United Nations Entity; and (H) other documentation relevant to the oversight work of Congress with respect to United States contributions to the United Nations system. (3) Accountability certification The term Accountability Certification means an annual, written affirmation by the head or authorized designee of a United Nations Entity provided to the Secretary of State that the Entity— (A) provides the public with full, complete, and unfettered access to all relevant documentation relating to operations and activities, including budget and procurement activities; (B) implements and upholds policies and procedures to protect whistleblowers; (C) implements and upholds policies and procedures to require the filing of individual annual financial disclosure forms by each of its employees at the P–5 level and above and to require that such forms be made available to the Office of Internal Oversight Services, to Member States, and to the public; (D) has established an effective ethics office; (E) has established a fully independent, autonomous, and effective internal oversight body; (F) has adopted and implemented, and is in full compliance with, International Public Sector Accounting Standards; and (G) has established a cap on its administrative overhead costs. 203. Oversight of United States contributions to the United Nations System (a) Purpose The purpose of this section is to enhance oversight of United States contributions to the United Nations System and the use of those contributions by United Nations Entities, in an effort to eliminate and deter waste, fraud, and abuse in the use of those contributions, and thereby to contribute to the development of greater transparency, accountability, and internal controls throughout the United Nations System. (b) Implementation (1) In general The Department of State shall collect and maintain current records regarding Transparency Certifications and Accountability Certifications by all United Nations Entities that receive United States contributions and submit that information for inclusion in the report required under section 207. (2) Notification The Department of State shall keep the appropriate congressional committees fully and promptly informed of how United Nations Entities are spending United States contributions. (3) Referrals (A) In general The Secretary of State shall promptly report to the Attorney General and to the appropriate congressional committees when the Secretary of State has reasonable grounds to believe a Federal criminal law has been violated by a United Nations Entity or one of its employees, contractors, or representatives. (B) Notification The Secretary of State shall promptly report, when appropriate, to the appropriate congressional committees, and to the Secretary General or to the head of the appropriate United Nations Entity, cases in which the Secretary of State reasonably believes that mismanagement, misfeasance, or malfeasance is likely to have taken place within a United Nations Entity and disciplinary proceedings are likely justified. (4) Confirmation of transparency by united nations entities (A) Prompt notice by department of state Whenever information or assistance requested from a United Nations Entity by the Department of State pursuant to a Transparency Certification is, in the opinion of the Secretary of State, unreasonably refused or not provided in a timely manner, the Secretary of State shall notify the appropriate congressional committees, the head of that particular United Nations Entity, and the Secretary General of the circumstances in writing, without delay. (B) Notice of compliance If and when the information or assistance being sought by the Department of State in connection with a notification pursuant to subparagraph (A) is provided to the satisfaction of the Secretary of State, the Secretary of State shall so notify in writing to the appropriate congressional committees and the head of that particular United Nations Entity. (C) Noncompliance If the information or assistance being sought by the Department of State in connection with a notification pursuant to subparagraph (A) is not provided within 90 days of that notification, then the United Nations Entity that is the subject of the notification is deemed to be noncompliant with its Transparency Certification. (D) Restoration of compliance After the situation has been resolved to the satisfaction of the Secretary of State, the Secretary of State shall promptly provide prompt, written notification of that fact and of the restoration of compliance, along with a description of the basis for the Secretary of State’s decision, to the appropriate congressional committees, the head of that United Nations Entity, the Secretary General, and any office or agency of the Federal Government that has provided that United Nations Entity with any United States contribution during the prior 2 years. (5) Confirmation of accountability by united nations entities (A) Prompt notice by secretary of state Whenever a United Nations Entity that has provided an Accountability Certification is, in the opinion of the Secretary of State, not in full compliance with any or all of the provisions of that certification, the Secretary of State shall notify the appropriate congressional committees, the head of that particular United Nations Entity, and the Secretary General of the circumstances in writing, without delay. (B) Notice of compliance If and when the United Nations Entity resumes full compliance with its Accountability Certification following the provision of the notification pursuant to subparagraph (A), the Secretary of State shall so notify in writing the appropriate congressional committees and the head of that United Nations Entity. (C) Noncompliance If the United Nations Entity named in the notification in subparagraph (A) does not resume full compliance with its Accountability Certification to the satisfaction of the Secretary of State within 90 days of that notification, then the United Nations Entity that is the subject of the notification is deemed to be noncompliant with its Accountability Certification, and the Secretary of State shall provide prompt, written notification of that fact to the appropriate congressional committees, the head of that United Nations Entity, the Secretary General, and any office or agency of the Federal Government that has provided that United Nations Entity with any United States Contribution during the prior 2 years. (D) Restoration of compliance After the situation has been resolved to the satisfaction of the Secretary of State, the Secretary of State shall promptly provide prompt, written notification of that fact and of the restoration of compliance, along with a description of the basis for the Secretary of State’s decision, to the appropriate congressional committees, the head of that United Nations Entity, the Secretary General, and any office or agency of the Federal Government that has provided that United Nations Entity with any United States contribution during the prior 2 years. (6) Reporting (A) Reporting In the report submitted by the Director of the Office of Management and Budget to Congress pursuant to section 207, the Secretary of State shall submit for inclusion a section that, among other things, includes a list and detailed description of the circumstances surrounding any notification of compliance issued pursuant to paragraph (4)(C) or (5)(C) during the covered timeframe, and whether and when the Secretary has reversed such finding of noncompliance. (B) Prohibited disclosures Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (i) specifically prohibited from disclosure by any other provision of law; (ii) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (iii) a part of an ongoing criminal investigation. (C) Privacy protections The Secretary of State shall exempt from public disclosure information received from a United Nations Entity that the Secretary of State believes— (i) constitutes a trade secret or privileged and confidential personal financial information; (ii) constitutes confidential personal medical information; (iii) accuses a particular person of a crime; (iv) would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; and (v) would compromise an ongoing law enforcement investigation or judicial trial in the United States. 204. Transparency for United States contributions (a) Funding prerequisites Notwithstanding any other provision of law, no funds made available for use as a United States Contribution to any United Nations Entity may be obligated or expended if— (1) the intended United Nations Entity recipient has not provided to the Secretary of State within the preceding year a Transparency Certification as defined in section 202(1); (2) the intended United Nations Entity recipient is noncompliant with its Transparency Certification as described in section 203(b)(4)(C); (3) the intended United Nations Entity recipient has not provided to the Secretary of State within the preceding year an Accountability Certification as defined in section 202(3); or (4) the intended United Nations Entity is noncompliant with its Accountability Certification as described in section 203(b)(5)(C). (b) Treatment of funds withheld for noncompliance At the conclusion of each fiscal year, any funds that had been appropriated for use as a United States Contribution to a United Nations Entity during that fiscal year, but could not be obligated or expended because of the restrictions of subsection (a), shall be returned to the United States Treasury, and are not subject to reprogramming for any other use. Any such funds returned to the Treasury shall not be considered arrears to be repaid to any United Nations Entity. (c) Presidential waiver The President may waive the limitations of this subsection with respect to a particular United States Contribution to a particular United Nations Entity within a single fiscal year if the President determines that failure to do so would pose an extraordinary threat to the national security of the United States and provides notification and explanation of that determination to the appropriate congressional committees. 205. Integrity for United States contributions (a) Limitation (1) No funds made available for use under the heading Contributions to International Organizations may be used for any purpose other than an assessed United States contribution to a United Nations Entity or other international organization. (2) No funds made available for use under the heading International Organizations and Programs may be used for any purpose other than a voluntary United States contribution to a United Nations Entity or other international organization. (3) No funds made available for use under the heading Contributions to International Peacekeeping Activities may be used for any purpose other than a United States contribution to United Nations peacekeeping activities, to the International Criminal Tribunal for the former Yugoslavia, or to the International Criminal Tribunal for Rwanda. (b) Treatment of funds withheld for noncompliance At the conclusion of each fiscal year, any funds that had been appropriated for use as a United States contribution to a United Nations Entity during that fiscal year, but could not be obligated or expended because of the restrictions of subsection (a), shall be returned to the United States Treasury, and are not subject to reprogramming for any other use. Any such funds returned to the Treasury shall not be considered arrears to be repaid to any United Nations Entity. 206. Refund of monies owed by the United Nations to the United States (a) Findings Congress makes the following findings: (1) United States taxpayer funds overpaid to United Nations Entities and payable back to the United States sometimes remain in the hands of the United Nations because the United States has not requested the return of those funds. (2) Such funds have been paid into, among other United Nations Entities, the United Nations Tax Equalization Fund (TEF), which was established under the provisions of United Nations General Assembly Resolution 973 (1955), and which is used to reimburse United Nations staff members subject to United States income taxes for the cost of those taxes. (3) In recent years, the TEF has taken in considerably more money than it has paid out, with the United States apparently overpaying into the TEF by $52,200,000 in the 2008–2009 timeframe alone. (4) According to the United Nations Financial Report and Audited Financial Statements released on July 29, 2010, As of 31 December 2009, an amount of $179.0 million was payable to the United States of America pending instructions as to its disposition. . (5) That balance was allowed to accrue notwithstanding United Nations Financial Regulation 4.12, which states that any such surpluses shall be credited against the assessed contributions due from that Member State the following year. . (6) Allowing the United Nations to regularly overcharge the United States and to retain those overpayments, or to spend them on wholly unrelated activities, is a disservice to American taxpayers and a subversion of the Congressional budget process. (b) Statement of policy It is the policy of the United States— (1) to annually instruct the United Nations to return to the United States any surplus assessed contributions or other overpayments by the United States to any United Nations Entity; and (2) to use the voice and vote of the United States to press the United Nations to reform its TEF assessment procedures to reduce the repeated discrepancies between TEF income and expenditures. (c) Certification and withholding For each and every fiscal year subsequent to the effective date of this Act, until the Secretary of State submits to the appropriate congressional committees a certification that the United Nations has returned to the United States any surplus assessed contributions or other overpayments by the United States to any United Nations Entity, the Secretary of State shall withhold from the regular budget of the United Nations an amount equal to the amount of the funds that the United Nations has yet to return to the United States. 207. Annual reports on United States contributions to the United Nations (a) Annual report Not later than 90 days after the date of the enactment of this Act and annually for two years thereafter, the Director of the Office of Management and Budget shall submit to Congress a report listing all assessed and voluntary contributions of the United States Government for the preceding fiscal year to the United Nations and United Nations affiliated agencies and related bodies. (b) Contents Each report required under subsection (a) shall set forth, for the fiscal year covered by such report, the following: (1) The total amount of all assessed and voluntary contributions of the United States Government to the United Nations and United Nations affiliated agencies and related bodies. (2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to such agency or body from any source in such fiscal year. (3) For each such contribution— (A) the amount of such contribution; (B) a description of such contribution (including whether assessed or voluntary); (C) the department or agency of the United States Government responsible for such contribution; (D) the purpose of such contribution; and (E) the United Nations or United Nations affiliated agency or related body receiving such contribution. 208. Report on United Nations procurement practices (a) In general Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on United Nations procurement reform. (b) Contents The reports required under subsection (a) shall describe— (1) progress toward the goal of donor countries establishing a threshold number for procurement purposes, of which 50 percent of the procurement for donor programs over $1,000,000,000 shall utilize donor vendors; (2) the status of the amount and percentage of procurement at the United Nations through United States vendors; and (3) the status of examinations and investigations if companies on the Excluded Parties List System are receiving contracts through the United Nations, and the values of such contracts. III UNITED STATES POLICY AT THE UNITED NATIONS 301. Annual publication The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure the United Nations publishes annually, including on a publicly searchable internet Web site, a list of all United Nations subsidiary bodies and their functions, budgets, staff, and contributions, both voluntary and assessed, sorted by donor. 302. Annual financial disclosure The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to implement a system for the required filing of individual annual financial disclosure forms by each employee of the United Nations and its specialized agencies, programs, and funds at the P–5 level and above, which shall be made available to the Office of Internal Oversight Services, to Member States, and to the public. 303. Policy with respect to expansion of the security council It is the policy of the United States to use the voice, vote, and influence of the United States at the United Nations to oppose any proposals on expansion of the Security Council if such expansion would— (1) diminish the influence of the United States on the Security Council; or (2) include veto rights for any new members of the Security Council. 304. Access to reports and audits The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that Member States may, upon request, have access to all reports and audits completed by the Board of External Auditors. 305. Waiver of immunity The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that the Secretary General exercises the right and duty of the Secretary General under section 20 of the Convention on the Privileges and Immunities of the United Nations to waive the immunity of any United Nations official in any case in which such immunity would impede the course of justice. In exercising such waiver, the Secretary General is urged to interpret the interests of the United Nations as favoring the investigation or prosecution of a United Nations official who is credibly under investigation for having committed a serious criminal offense or who is credibly charged with a serious criminal offense. 306. Terrorism and the United Nations (a) In general The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to work toward adoption by the General Assembly of— (1) a definition of terrorism that— (A) builds upon the recommendations of the December 2004 report of the High-Level Panel on Threats, Challenges, and Change; (B) includes as an essential component of such definition any action that is intended to cause death or serious bodily harm to civilians with the purpose of intimidating a population or compelling a government or an international organization to do, or abstain from doing, any act; and (C) does not propose a legal or moral equivalence between an action described in subparagraph (B) and measures taken by a government or international organization in self-defense against an action described in such subparagraph; and (2) a comprehensive convention on terrorism that includes the definition described in paragraph (1). (b) Sense of congress It is the sense of Congress that— (1) authoritarian regimes often inaccurately label peaceful, pro-freedom, pro-democracy movements as terrorist movements in order to undermine the legitimacy of those movements; and (2) any United Nations definition of terrorism should not be used to undermine a peaceful, pro-freedom, pro-democracy movement against authoritarian rule. 307. Report on United Nations personnel (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report— (1) concerning the progress of the General Assembly to modernize human resource practices, consistent with the March 2005 report of the Secretary General entitled In larger freedom: towards development, security and human rights for all ; and (2) containing the information described in subsection (b). (b) Contents The report shall include— (1) a comprehensive evaluation of human resources reforms at the United Nations, including an evaluation of— (A) tenure; (B) performance reviews; (C) the promotion system; (D) a merit-based hiring system and enhanced regulations concerning termination of employment of employees; and (E) the implementation of a code of conduct and ethics training; (2) the implementation of a system of procedures for filing complaints and protective measures for work-place harassment, including sexual harassment; (3) policy recommendations relating to the establishment of a rotation requirement for nonadministrative positions; (4) policy recommendations relating to the establishment of a prohibition preventing personnel and officials assigned to the mission of a member state to the United Nations from transferring to a position within the United Nations Secretariat that is compensated at the P–5 level and above; (5) policy recommendations relating to a reduction in travel allowances and attendant oversight with respect to accommodations and airline flights; and (6) an evaluation of the recommendations of the Secretary General relating to greater flexibility for the Secretary General in staffing decisions to accommodate changing priorities. 308. United Nations treaty bodies The United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended with respect to a United Nations human rights treaty monitoring body or committee that was established by— (1) a convention (without any protocols) or an international covenant (without any protocols) to which the United States is not party; or (2) a convention, with a subsequent protocol, if the United States is a party to neither. 309. Equality at the United Nations (a) Department of state review and report (1) In general To avoid duplicative efforts and funding with respect to Palestinian interests and to ensure balance in the approach to Israeli-Palestinian issues, the Secretary shall, not later than 180 days after the date of the enactment of this Act— (A) complete an audit of the functions of the entities listed in paragraph (2); and (B) submit to the appropriate congressional committees a report containing audit findings and conclusions, and recommendations for the elimination of such duplicative entities and efforts. (2) Entities The entities referred to in paragraph (1)(A) are the following: (A) The United Nations Division for Palestinian Rights. (B) The Committee on the Exercise of the Inalienable Rights of the Palestinian People. (C) The United Nations Special Coordinator for the Middle East Peace Process and Personal Representative to the Palestine Liberation Organization and the Palestinian Authority. (D) The NGO Network on the Question of Palestine. (E) The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories. (F) Any other entity the Secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to Israeli-Palestinian issues. (b) Implementation by permanent representative (1) In general The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek the implementation of the recommendations contained in the report required under subsection (a)(1)(B). (2) Withholding of funds Until such recommendations have been implemented, the United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended for such entities. 310. Anti-Semitism and the United Nations The President shall direct the United States permanent representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to make every effort to— (1) ensure the issuance and implementation of a directive by the Secretary General or the Secretariat, as appropriate, that— (A) requires all employees of the United Nations and its specialized agencies to officially and publicly condemn anti-Semitic statements made at any session of the United Nations or its specialized agencies, or at any other session sponsored by the United Nations; (B) requires employees of the United Nations and its specialized agencies, programs, and funds to be subject to punitive action, including immediate dismissal, for making anti-Semitic statements or references; (C) proposes specific recommendations to the General Assembly for the establishment of mechanisms to hold accountable employees and officials of the United Nations and its specialized agencies, programs, and funds, or Member States, that make such anti-Semitic statements or references in any forum of the United Nations or of its specialized agencies; (D) continues to develop and implements education awareness programs about the Holocaust and anti-Semitism throughout the world, as part of an effort to combat intolerance and hatred; and (E) requires the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop programming and other measures that address anti-Semitism; (2) secure the adoption of a resolution by the General Assembly that establishes the mechanisms described in paragraph (1)(C); and (3) continue working toward further reduction of anti-Semitic language and anti-Israel resolutions in the United Nations and its specialized agencies, programs, and funds. 311. Regional group inclusion of Israel The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to expand the Western European and Others Group (WEOG) in the United Nations in Geneva to include Israel as a permanent member with full rights and privileges. 312. United States policy on Taiwan’s participation in United Nations entities The Secretary of State shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure meaningful participation for Taiwan in relevant United Nations Entities in which Taiwan has expressed an interest in participating. 313. United States policy on Tier 3 human rights violators The Secretary of State shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that no representative of a country designated pursuant to section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 ) by the Department of State as a Tier 3 country shall preside as Chair or President of any United Nations Entity. IV STATUS OF PALESTINIAN ENTITIES AT THE UNITED NATIONS 401. Findings Congress makes the following findings: (1) In 1989, the Palestine Liberation Organization (PLO) launched an effort to evade direct negotiations for peace with the State of Israel by instead pursuing Palestinian membership in international organizations, which could imply de facto recognition of a Palestinian state by the United Nations. (2) The Executive Branch, with significant support from Members of Congress, successfully stopped the PLO’s effort by credibly threatening, as noted in a May 1, 1989, statement by then-Secretary of State James A. Baker, that the United States [would] make no further contributions, voluntary or assessed, to any international organization which makes any change in the P.L.O.’s present status as an observer organization. . (3) The United States success in this case demonstrates that withholding contributions and placing conditions on their payment can result in real reforms, stop counterproductive developments, and advance United States interests at the United Nations. (4) The Palestinian leadership has recently resumed its effort to evade direct negotiations for peace with the State of Israel by seeking recognition of a Palestinian state from foreign governments and in international forums. (5) Efforts to bypass negotiations and to unilaterally declare a Palestinian state, or to appeal to the United Nations or other international forums or to foreign governments for recognition of a Palestinian state or membership or other upgraded status for the Palestinian observer mission at those forums, would violate the underlying principles of the Oslo Accords, the Road Map, and other relevant Middle East peace process efforts. (6) On December 15, 2010, the House of Representatives passed House Resolution 1765, in which, inter alia, the House of Representatives: (A) reaffirms its strong opposition to any attempt to establish or seek recognition of a Palestinian state outside of an agreement negotiated between Israel and the Palestinians ; (B) supports the Administration’s opposition to a unilateral declaration of a Palestinian state ; and (C) calls upon the Administration to … lead a diplomatic effort to persuade other nations to oppose a unilateral declaration of a Palestinian state and to oppose recognition of a Palestinian state by other nations, within the United Nations, and in other international forums prior to achievement of a final agreement between Israel and the Palestinians. . (7) Ambassador Rosemary DiCarlo, United States Deputy Permanent Representative to the United Nations, stated on July 26, 2011, Let there be no doubt: symbolic actions to isolate Israel at the United Nations in September will not create an independent Palestinian state … The United States will not support unilateral campaigns at the United Nations in September or any other time. . (8) On September 16, 2011, the Deputy National Security Advisor for Strategic Communications stated that We would veto actions through the Security Council and oppose action through the Security Council associated with a unilateral declaration of [Palestinian] statehood. . 402. Statement of policy It is the policy of the United States to oppose the recognition of a Palestinian state by any United Nations Entity, or any upgrade, including but not limited to full membership or non-member-state observer status, in the status of the Palestinian observer mission at the United Nations, the Palestine Liberation Organization, the Palestinian Authority, or any other Palestinian administrative organization or governing entity, at any United Nations Entity, prior to the achievement of a final peace agreement negotiated between and agreed to by Israel and the Palestinians. 403. Implementation (a) In general The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to advance the policy stated in section 402. (b) Withholding of funds The Secretary of State shall withhold United States contributions from any United Nations Entity that recognizes a Palestinian state or upgrades in any way, including full membership or non-member-state observer status, the status of the Palestinian observer mission at the United Nations, the Palestine Liberation Organization, the Palestinian Authority, or any other Palestinian administrative organization or governing entity, at that United Nations Entity, prior to the achievement of complete and final peace agreement negotiated between and agreed to by Israel and the Palestinians. Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations Entity. V UNITED NATIONS HUMAN RIGHTS COUNCIL 501. Findings Congress makes the following findings: (1) Since its establishment in 2006, the United Nations Human Rights Council has failed to meaningfully promote the protection of internationally recognized human rights, and has proven to be even more problematic than the United Nations Human Rights Commission that it was created to replace. (2) The United Nations Human Rights Council suffers from fundamental and severe structural flaws present since its establishment by the United Nations General Assembly, such as the fact that it draws its members from the General Assembly without any substantive membership criteria, with the perverse result that a number of the world’s worst human rights abusers are members of the council. (3) For example, many members of the United Nations Human Rights Council are rated Not Free or only Partly Free by Freedom House. Only a minority of members were rated Free . (4) The structure and composition of the United Nations Human Rights Council have made it subject to gross political manipulation, with the result that, during its almost seven years of operation, the Council has passed over 46 resolutions censuring the democratic, Jewish State of Israel, as compared to only a handful censuring the dictatorships in Burma, North Korea, and Syria, just one addressing the severe, ongoing human rights abuses in Libya, Iran, and Belarus, and none addressing the severe, ongoing human rights abuses in China, Cuba, Russia, Zimbabwe, Venezuela, and elsewhere. (5) The United Nations Human Rights Council’s agenda contains a permanent item for criticism of the democratic, Jewish State of Israel, but no permanent items criticizing any other state. (6) The United Nations Human Rights Council has established, or preserved the existence of, a number of Special Procedures mechanisms to address country-specific situations or thematic issues. These mechanisms include a number of special rapporteurs whose expenses and staff support are paid for by contributions to the United Nations. (7) The United Nations Human Rights Council has also established an Advisory Committee whose expenses and staff support are paid for by contributions to the United Nations. (8) Some of these special rapporteurs and members of the Advisory Committee have displayed consistent bias against the United States, Israel, and the Jewish people, while providing support to human rights abusers. (9) Richard Falk, the United Nations Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967 , has compared Israel’s treatment of the Palestinians to the Holocaust, questioned the veracity of the events of September 11, 2001, and posted a cartoon on his blog depicting Americans and Jews as bloodthirsty dogs. (10) Jean Ziegler, a member of the United Nations Human Rights Council Advisory Committee and former United Nations Special Rapporteur on the Right to Food , has accused former President George W. Bush and former Israeli Prime Minister Ariel Sharon of committing state terrorism , has called for an investigation of Israel by the International Criminal Court for war crimes following Israel’s war against Hezbollah in 2006, has visited Cuba and praised the Cuban regime’s provision of food to the Cuban people, and has stated that Zimbabwean dictator Robert Mugabe has history and morality with him . Ziegler was also involved in the establishment of the Al-Gaddafi International Prize for Human Rights , a prize established by, funded by, and named after Libyan dictator Muammar al-Gaddafi, and awarded in the past to Fidel Castro, Hugo Chavez, Louis Farrakhan, and Roger Garaudy, who has denied the Holocaust, questioned the veracity of the events of September 11, 2001, and supported Iranian leader Mahmoud Ah­ma­dine­jad’s call for Israel to be wiped off the map . (11) Miguel D’Escoto Brockmann, a member of the United Nations Human Rights Council Advisory Committee who has previously served as President of the United Nations General Assembly and as foreign minister for the Sandinista regime in Nicaragua, has implicitly accused the United States of terrorism, has called former President Ronald Reagan a butcher , has called for a international boycott of Israel, has stated that the Palestinians were being crucified by Israel, has called Israel’s defensive Operation Cast Lead in the Gaza Strip a monstrosity and genocide , has urged the United Nations to use the term apartheid in discussing Israeli treatment of Palestinians, has embraced Iranian leader Mahmoud Ahmadinejad after Ahmadinejad delivered an anti-American, anti-Israel address to the United Nations General Assembly, has stated that charges of genocide against Sudanese dictator Omar Hassan al Bashir are racist , and has declared Fidel Castro World Hero of Solidarity , stating that Castro embod[ied] virtues and values worth emulation by all of us . (12) Halima Warzazi, a member of the United Nations Human Rights Council Advisory Committee, has compared Israel to Nazi Germany, and used her previous membership in a United Nations apparatus to shield Saddam Hussein from censure for gassing Iraqi Kurds in Halabja. (13) The ongoing five-year review of the United Nations Human Rights Council concluded on June 17, 2011, and failed to make any significant reforms to its fundamental and severe structural flaws, including its absence of substantive membership criteria, or to remove the permanent agenda item on Israel. (14) On June 17, 2011, John F. Sammis, United States Deputy Representative to the Economic and Social Council, stated that The Geneva process [of the five-year review] failed to yield even minimally positive results, forcing us to dissociate from the outcome … the final resolution [for the five-year review] also fails to address the core problems that still plague the Human Rights Council … The United States has therefore voted no on the resolution … the Council’s effectiveness and legitimacy will always be compromised so long as one country in all the world is unfairly and uniquely singled out while others, including chronic human rights abusers, escape scrutiny … The resolution before us today does nothing to address the Council’s failures nor move it any closer to the founding values of the UN Charter and the Universal Declaration of Human Rights. . (15) United States membership in the Human Rights Council has not led to reform of its fundamental flaws diminished the Council’s virulently anti-Israel behavior. The Council has passed twenty-seven resolutions criticizing Israel since the United States joined in 2009. 502. Human rights council membership and funding (a) In general For each and every fiscal year subsequent to the effective date of this Act, until the Secretary of State submits to Congress a certification that the requirements described in subsection (b) have been satisfied— (1) the Secretary of State shall withhold from a United States contribution each fiscal year to a regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council; (2) the Secretary of State shall not make a voluntary contribution to the United Nations Human Rights Council; and (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification The annual certification referred to in subsection (a) is a certification made by the Secretary to Congress that— (1) the United Nations Human Rights Council’s mandate from the United Nations General Assembly explicitly and effectively prohibits candidacy for Human Rights Council membership of a United Nations Member State— (A) subject to sanctions by the Security Council; and (B) under a Security Council-mandated investigation for human rights abuses; (2) the United Nations Human Rights Council does not include a United Nations Member State— (A) subject to sanctions by the Security Council; (B) under a Security Council-mandated investigation for human rights abuses; (C) which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; or (D) which the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998; and (3) the United Nations Human Rights Council’s agenda or programme of work does not include a permanent item with regard to the State of Israel. (c) Special procedures The Secretary of State shall withhold from a United States contribution each year to a regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967 , and any other United Nations Human Rights Council Special Procedures used to display bias against the United States or the State of Israel or to provide support for the government of any United Nations Member State— (1) subject to sanctions by the Security Council; (2) under a Security Council-mandated investigation for human rights abuses; (3) which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; or (4) which the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998. (d) Reversion of funds Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations Entity. VI GOLDSTONE REPORT 601. Findings Congress finds the following: (1) On January 12, 2009, the United Nations Human Rights Council passed Resolution A/HRC/S–9/L.1, which authorized a fact-finding mission regarding Israel’s conduct of Operation Cast Lead against violent militants in the Gaza Strip between December 27, 2008, and January 18, 2009. (2) The resolution pre-judged the outcome of its investigation by one-sidedly mandating the fact-finding mission to investigate all violations of international human rights law and International Humanitarian Law by … Israel, against the Palestinian people … particularly in the occupied Gaza Strip, due to the current aggression . (3) The mandate of the fact-finding mission makes no mention of the relentless rocket and mortar attacks, which numbered in the thousands and spanned a period of eight years, by Hamas and other violent militant groups in Gaza against civilian targets in Israel, that necessitated Israel’s defensive measures. (4) The fact-finding mission included a member who, before joining the mission, had already declared Israel guilty of committing atrocities in Operation Cast Lead by signing a public letter on January 11, 2009, published in the Sunday Times, that called Israel’s actions war crimes . (5) The mission’s flawed and biased mandate gave serious concern to many United Nations Human Rights Council Member States which refused to support it, including Bosnia and Herzegovina, Cameroon, Canada, France, Germany, Italy, Japan, the Netherlands, the Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, and the United Kingdom of Great Britain and Northern Ireland. (6) The mission’s flawed and biased mandate was never broadened or revised by any plenary meeting of the United Nations Human Rights Council, and troubled many distinguished individuals who refused invitations to head the mission. (7) On September 15, 2009, the United Nations Fact Finding Mission on the Gaza Conflict released its report, which is commonly referred to as the Goldstone Report . (8) The Goldstone Report repeatedly made sweeping and unsubstantiated determinations that the Israeli military had deliberately attacked civilians during Operation Cast Lead. (9) The authors of the Goldstone Report admit that we did not deal with the issues … regarding the problems of conducting military operations in civilian areas and second-guessing decisions made by soldiers and their commanding officers in the fog of war. . (10) In the October 16, 2009, edition of the Jewish Daily Forward, Richard Goldstone, the head of the United Nations Fact Finding Mission on the Gaza Conflict , is quoted as saying, with respect to the mission’s evidence-collection methods, If this was a court of law, there would have been nothing proven . (11) The Goldstone Report, in effect, denied the State of Israel the right to self-defense, and never noted the fact that Israel had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern Israel by Hamas and other Foreign Terrorist Organizations operating from Gaza. (12) The Goldstone Report largely ignored the culpability of the Government of Iran and the Government of Syria, both of whom sponsor Hamas and other Foreign Terrorist Organizations. (13) The Goldstone Report usually considered public statements made by Israeli officials not to be credible, while frequently giving uncritical credence to statements taken from what it called the Gaza authorities , i.e., the Gaza leadership of Hamas. (14) Notwithstanding a great body of evidence that Hamas and other violent Islamist groups committed war crimes by using civilians and civilian institutions, such as mosques, schools, and hospitals, as shields, the Goldstone Report repeatedly down­played or cast doubt upon that claim. (15) In one notable instance, the Goldstone Report stated that it did not consider the admission of a Hamas official that Hamas often created a human shield of women, children, the elderly and the mujahideen, against [the Israeli military] specifically to constitute evidence that Hamas forced Palestinian civilians to shield military objectives against attack . (16) Hamas was able to significantly shape the findings of the investigation mission’s Goldstone Report by selecting and prescreening some of the witnesses and intimidating others, as the Goldstone Report acknowledges when it notes that those interviewed in Gaza appeared reluctant to speak about the presence of or conduct of hostilities by the Palestinian armed groups … from a fear of reprisals . (17) Even though Israel is a vibrant democracy with a vigorous and free press, the Goldstone Report erroneously asserts that actions of the Israeli government … have contributed significantly to a political climate in which dissent with the government and its actions … is not tolerated . (18) The Goldstone Report recommended that the United Nations Human Rights Council endorse its recommendations, implement them, review their implementation, and refer the report to the United Nations Security Council, the Prosecutor of the International Criminal Court, and the United Nations General Assembly for further action. (19) The Goldstone Report recommended that the United Nations Security Council— (A) require the Government of Israel to launch further investigations of its conduct during Operation Cast Lead and report back to the Security Council within 6 months; (B) simultaneously appoint an independent committee of experts to monitor and report on any domestic legal or other proceedings undertaken by the Government of Israel within that 6-month period; and (C) refer the case to the Prosecutor of the International Criminal Court after that 6-month period. (20) The Goldstone Report recommended that the United Nations General Assembly consider further action on the report and establish an escrow fund, to be funded entirely by the State of Israel, to pay adequate compensation to Palestinians who have suffered loss and damage during Operation Cast Lead. (21) The Goldstone Report ignored the issue of compensation to Israelis who have been killed or wounded, or suffered other loss and damage, as a result of years of past and continuing rocket and mortar attacks by Hamas and other violent militant groups in Gaza against civilian targets in southern Israel. (22) The Goldstone Report recommended that States Parties to the Geneva Conventions of 1949 start criminal investigations [of Operation Cast Lead] in national courts, using universal jurisdiction and that following investigation, alleged perpetrators should be arrested and prosecuted . (23) The concept of universal jurisdiction has frequently been used in attempts to detain, charge, and prosecute Israeli and United States officials and former officials in connection with unfounded allegations of war crimes and has often unfairly impeded the travel of those individuals. (24) On September 20, 2009, United Nations High Commissioner for Human Rights Navanethem Pillay wrote, I lend my full support to Justice Goldstone’s report and its recommendations . (25) The State of Israel, like many other free democracies, has an independent judicial system with a robust investigatory capacity and has already launched numerous investigations, many of which remain ongoing, of Operation Cast Lead and individual incidents therein. (26) Several nations have indicated that they intend to further pursue consideration of the Goldstone Report and implementation of its recommendations by the United Nations Security Council, the United Nations General Assembly, the United Nations Human Rights Council, and other multilateral fora. (27) On September 30, 2009, Secretary of State Hillary Clinton described the underlying mandate for the Goldstone Report as one-sided . (28) On September 17, 2009, Ambassador Susan Rice, United States Permanent Representative to the United Nations, expressed the United States very serious concern with the mandate underlying the Goldstone Report and noted that the United States views the mandate as unbalanced, one-sided and basically unacceptable . (29) Israeli President Shimon Peres has called the Goldstone Report a blood libel . (30) The Goldstone Report reflects the longstanding, historic bias at the United Nations against the democratic, Jewish State of Israel. (31) The Goldstone Report is being exploited by Israel’s enemies to excuse the actions of violent militant groups and their state sponsors, and to justify isolation of and punitive measures against the democratic, Jewish State of Israel. (32) On November 3, 2009, the House of Representatives overwhelmingly adopted House Resolution 867, which stated that the House of Representatives: (A) considers the [Goldstone Report] to be irredeemably biased and unworthy of further consideration or legitimacy ; (B) supports the Administration’s efforts to combat anti-Israel bias at the United Nations, its characterization of the [Goldstone Report] as unbalanced, one-sided and basically unacceptable , and its opposition to the resolution on the report ; (C) calls on the President and the Secretary of State to continue to strongly and unequivocally oppose any endorsement of the [Goldstone Report] in multilateral fora, including through leading opposition to any United Nations General Assembly resolution and through vetoing, if necessary, any United Nations Security Council resolution that endorses the contents of this report, seeks to act upon the recommendations contained in this report, or calls on any other international body to take further action regarding this report ; (D) calls on the President and the Secretary of State to strongly and unequivocally oppose any further consideration of the Report of the United Nations Fact Finding Mission on the Gaza Conflict and any other measures stemming from this report in multilateral fora ; and (E) reaffirms its support for the democratic, Jewish State of Israel, for Israel’s security and right to self-defense, and, specifically, for Israel’s right to defend its citizens from violent militant groups and their state sponsors . (33) On October 16, 2009, the United Nations Human Rights Council voted 25–6 (with 11 Member States abstaining and 5 not voting, and with the United States voting against) to adopt resolution A–HRC–S–12–1, which endorsed the Goldstone Report and condemned Israel, without mentioning Hamas, other such violent militant groups, or their state sponsors. The United States voted against the resolution. (34) On November 5, 2009, the United Nations General Assembly voted 114–18 (with 44 Member States abstaining, and with the United States voting against) to adopt resolution A/RES/64/10, which, among other things: (A) endorsed the United Nations Human Rights Council’s resolution A–HRC–S–12–1, which endorsed the Goldstone Report and condemned Israel, without mentioning Hamas, other such violent militant groups, or their state sponsors; (B) requested that the Secretary General of the United Nations transmit the Goldstone Report to the United Nations Security Council; (C) expressed its appreciation to the United Nations Fact-Finding Mission on the Gaza Conflict for its comprehensive report ; (D) expressed grave concern regarding reports regarding serious human rights violations during Operation Cast Lead, including the findings in the Goldstone Report; and (E) recommended that the Government of Switzerland, in its capacity as depositary of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, undertake as soon as possible the steps necessary to reconvene a Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the West Bank, the Gaza Strip, and East Jerusalem . (35) On February 26, 2010, the United Nations General Assembly voted 98–7 (with 31 Member States abstaining, and with the United States voting against) to adopt resolution A/RES/64/254, which built on the determinations of A/RES/64/10. (36) On March 24, 2010, the United Nations Human Rights Council voted 29–6 (with 11 Member States abstaining and one not voting, and with the United States voting against) to adopt resolution A/HRC/13/L.30, which, among other things— (A) called upon all concerned parties, including United Nations bodies, to ensure their implementation of the recommendations contained in the [Goldstone Report] ; (B) requested that the United Nations High Commissioner for Human Rights submit a progress report on the implementation of the present resolution to the [Human Rights] Council at its fourteenth session in May and June 2010; and (C) decided to follow up on the implementation of the present resolution at [the] fifteenth session of the Human Rights Council in September 2010. (37) On March 25, 2011, the United Nations Human Rights Council voted 27–3 (with 16 Member States abstaining, and with the United States voting against) to adopt resolution A/HRC/16/L.31, which, among other things— (A) called upon all concerned parties, including United Nations bodies, to ensure the full and immediate implementation of the recommendations contained in the [Goldstone Report] ; (B) recommended that the United Nations General Assembly again consider the Goldstone Report at its sixty-sixth session, and urged the General Assembly to submit the report to the United Nations Security Council for its consideration and appropriate action, including referral to the prosecutor of the International Criminal Court; (C) requested that the United Nations High Commissioner for Human Rights submit a progress report on the implementation of the present resolution to the Human Rights Council at its eighteenth session of September 2011 ; and (D) decided to follow up on the implementation of the present resolution at [the] nineteenth session [of the Human Rights Council] of March 2012 . (38) On April 1, 2011, Richard Goldstone, the head of the United Nations Fact Finding Mission on the Gaza Conflict that authored the Goldstone Report, wrote an op-ed in the Washington Post that renounced the Goldstone Report’s claim that the Israeli military deliberately attacked civilians during Operation Cast Lead. Goldstone wrote that the Israeli military’s investigations with respect to incidents in Operation Cast Lead indicate that civilians were not intentionally targeted as a matter of policy . (39) Efforts to delegitimize the democratic State of Israel and deny it the right to defend its citizens and its existence can be used to delegitimize other democracies and deny them the same right. 602. Statement of policy It is the policy of the United States to— (1) consider the Goldstone Report irredeemably biased and unworthy of further consideration or legitimacy; (2) strongly and unequivocally oppose any consideration, legitimization, or endorsement of the Goldstone Report, or any other measures stemming from this report, in multilateral fora; (3) lead a high-level diplomatic campaign in support of the revocation and repudiation, by the United Nations General Assembly, of the Goldstone Report and any United Nations resolutions stemming from the report, including— (A) United Nations General Assembly resolutions A/RES/64/10 and A/RES/64/254; and (B) United Nations Human Rights Council resolutions A–HRC–S–12–1, A/HRC/13/L.30, and A/HRC/16/L.31; and (4) lead a high-level diplomatic effort to encourage other responsible countries not to endorse, support, or legitimize the Goldstone Report or any other measures stemming from the report. 603. Withholding of funds; refund of United States taxpayer dollars (a) Withholding of funds The Secretary of State shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be or has been expended by the United Nations for any part of the Goldstone Report or its preparatory or follow-on activities. (b) Refund of united states taxpayer dollars Funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations Entity. VII DURBAN PROCESS 701. Findings Congress makes the following findings: (1) The United States is opposed to racism, racial discrimination, xenophobia, and related intolerance, and has long been a party to the Convention on the Elimination of Racial Discrimination. (2) Expensive and politically skewed international conferences can disserve and undermine the worthy goals that they are ostensibly convened to support. (3) The goals of the 2001 United Nations World Conference Against Racism—held in Durban, South Africa, and commonly referred to as Durban I —were undermined by hateful, anti-Jewish rhetoric, and anti-Israel political agendas, prompting both Israel and the United States to withdraw their delegations from the Conference. (4) The official government declaration adopted by Durban I, the Durban Declaration and Program of Action , focused on the plight of the Palestinian people under foreign occupation , and thereby singled out one regional conflict for discussion and implicitly launched a false accusation against Israel of intolerance towards the Palestinians. (5) On September 3, 2001, Secretary of State Colin Powell explained the withdrawal of the United States delegation from Durban I by stating that you do not combat racism by conferences that produce declarations containing hateful language, some of which is a throwback to the days of Zionism equals racism; or supports the idea that we have made too much of the Holocaust; or suggests that apartheid exists in Israel; or that singles out only one country in the world—Israel—for censure and abuse . (6) The late United States Representative Tom Lantos, who participated as a member of the United States delegation to the Durban Conference, supported that delegation’s withdrawal and wrote in 2002 that the conference provided the world with a glimpse into the abyss of international hate, discrimination and, indeed, racism . (7) On December 19, 2006, the United Nations General Assembly approved a resolution initiating preparations for a Durban Review Conference (commonly referred to as Durban II ), which was held between April 20 and 24, 2009, in Geneva, Switzerland. (8) The chair of the preparatory committee for Durban II was Libya, and the co-chairs included Iran and Cuba. (9) Throughout the preparatory process for Durban II, member states of the Organization of the Islamic Conference urged that the conference again focus criticism on Israel and single out the Israeli-Palestinian conflict for discussion, and also urged that the conference advocate global speech codes that would impose restrictions contrary to fundamental freedoms recognized in the provisions of the Universal Declaration of Human Rights. (10) In testimony before the House of Representatives on April 2, 2008, then-Assistant Secretary of State for International Organizations Kristen Silverberg stated that the United States had decided against participating in preparatory activities for Durban II because [there is] absolutely no case to be made for participating in something that is going to be a repeat of Durban I. We don’t have any confidence that this will be any better than Durban I . (11) On September 23, 2008, the House of Representatives passed House Resolution 1361, which, among other things, called on the President to urge other heads of state to condition participation in the 2009 [Durban II] Conference on concrete action by the United Nations and United Nations Member States to ensure that it is not a forum to demonize any group, or incite anti-Semitism, hatred, or violence against members of any group or to call into question the existence of any state and urged all United Nations Member States not to support a 2009 Durban Review Conference process that fails to adhere to established human rights standards and to reject an agenda that incites hatred against any group in the guise of criticism of a particular government or that seeks to forge a global blasphemy code . (12) The present United Nations High Commissioner for Human Rights, Dr. Navanethem Pillay, who served as Secretary General of Durban II, has repeatedly sought to downplay the level of hateful, anti-Jewish rhetoric and anti-Israel political agendas present at Durban I, describing it as merely the virulent anti-Semitic behavior of a few non-governmental organizations on the sidelines and praising the biased 2001 Durban Declaration and Programme of Action as [t]he legacy of this Conference , has repeatedly sought to downplay the level of hateful, anti-Jewish rhetoric and anti-Israel political agendas present at Durban II and its preparatory activities, and has repeatedly praised and urged the full implementation of the Durban Declaration and Programme of Action. (13) High Commissioner Pillay has repeatedly and publicly criticized nations, including the United States, which announced that they would not participate in Durban II, but has almost never publicly criticized governments who succeeded in using the conference and its preparatory activities to single out Israel for criticism and to attempt to restrict fundamental freedoms. (14) A United Nations press release on September 8, 2008, regarding an address by High Commissioner Pillay, disturbingly dismissed objections raised by non-governmental organizations to Durban II as ferocious, and often distorted, criticism by certain lobby groups focused on single issues . (15) During February of 2009, the United States actively participated in intergovernmental consultations on Durban II’s draft outcome document and engaged in high-level diplomatic efforts to dramatically reverse the path of Durban II by directing it towards meaningful efforts to combat intolerance and bigotry and directing it away from efforts to undermine the cause of fighting discrimination through singling out Israel for implicit criticism and calling for restrictions on fundamental freedoms. (16) On February 27, 2009, a State Department spokesman stated that, despite United States efforts to redirect the path of Durban II, the document being negotiated has gone from bad to worse, and the current text of the draft outcome document is not salvageable … A conference based on this text would be a missed opportunity to speak clearly about the persistent problem of racism and therefore, the United States would not participate in further consultations and negotiations regarding the draft outcome document , and would not participate in Durban II itself unless the draft outcome document was radically shortened and revised to eliminate objectionable material. (17) On April 17, 2009, the third and final session of the preparatory committee for Durban II proposed a final draft outcome document that contained a number of provisions advocating restrictions on freedom of expression, and that also implicitly singled out and criticized Israel for racism by reaffirming, in its very first paragraph, the 2001 Durban Declaration and Programme of Action. (18) On April 18, 2009, a State Department spokesman announced that the United States will not join the [Durban II] conference , noting that The current document … still contains language that reaffirms in toto the Durban Declaration and Programme of Action (DDPA) from 2001, which the United States has long said it is unable to support … The United States also has serious concerns with relatively new additions to the text regarding incitement , that run counter to the U.S. commitment to unfettered free speech. . (19) On April 19, 2009, the President stated at a press conference that I would love to be involved in a useful conference that addressed continuing issues of racism and discrimination around the globe … we expressed in the run-up to this conference our concerns that if you incorporated—if you adopted all the language from 2001, that’s just not something we could sign up for … our participation would have involved putting our imprimatur on something that we just don’t believe … Hopefully . . . we can partner with other countries on to actually reduce discrimination around the globe. But this wasn’t an opportunity to do it. . (20) Canada, Israel, Italy, Germany, the Netherlands, Poland, Australia, and New Zealand also did not participate in Durban II, and the Czech Republic walked out of the Conference during its proceedings, never to return. (21) Libya was the chair of the Main Committee of Durban II, and vice presidents of Durban II included Libya, Iran, and Cuba. (22) Speaking at Durban II on April 20, 2009, Iranian leader Mahmoud Ahmadinejad called the democratic State of Israel totally racist and the most cruel and repressive racist regime , and called for Israel’s destruction, stating that Efforts must be made to put an end to the abuse by Zionists … Governments must be encouraged and supported in their fights aimed at eradicating this barbaric racism . (23) In his speech at Durban II, Ahmadinejad also propagated anti-Semitic conspiracy theories, saying that Those who control huge economic resources and interests in the world … mobilize all the resources, including their economic and political influence and world media, to render support in vain to the Zionist regime . (24) Disgusted by Ahmadinejad’s biased and incendiary statements, delegates from about two dozen nations walked out of the assembly hall in protest, but most delegations remained, and a large number of delegations and observers repeatedly applauded Ahmadinejad’s remarks. (25) On April 21, 2009, governments participating in Durban II adopted by consensus an outcome document that contained a number of provisions advocating restrictions on freedom of expression, and that also implicitly singled out and criticized Israel for racism by reaffirming, in its very first paragraph, the 2001 Durban Declaration and Program of Action. (26) Throughout Durban II, many speakers singled out Israel for criticism or called for restrictions on fundamental freedoms, including representatives of Iran, Libya, Cuba, Sudan, Syria, Venezuela, Vietnam, Saudi Arabia, Pakistan, Indonesia, Qatar, Algeria, the United Arab Emirates, Kuwait, Egypt, Lebanon, Yemen, Bahrain, Tunisia, Bangladesh, Switzerland, the Organization of the Islamic Conference, the Arab League, the Palestine Liberation Organization, and a number of other organizations and countries. (27) During Durban II, several speakers who sought to draw attention to genuine instances of racism, racial discrimination, xenophobia, related intolerance, and human rights violations by the governments of Iran, Libya, and China were repeatedly interrupted by the delegations from those governments and instructed by the conference’s chair to not refer specifically to those governments. (28) On December 18, 2009, the United Nations General Assembly approved Resolution A/RES/64/148, which urged the full and effective implementation of the Durban Declaration and Programme of Action and called for a one-day plenary event to commemorate the ten-year anniversary [of Durban I] during the high-level segment of the General Assembly to be devoted to racism, racial discrimination, xenophobia, and related intolerance during its sixty-fifth session, in 2011 . The United States, joined by 12 other nations, voted against this resolution. (29) On December 24, 2010, the United Nations General Assembly adopted Resolution A/RES/65/240, authorizing the holding of a one-day high-level meeting of the General Assembly to commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action, at the level of Heads of State and Government, on the second day of the general debate of the sixty-sixth session in September of 2011. The resolution also states that the meeting (commonly referred to as Durban III ) will adopt a political declaration aimed at mobilizing political will at the national, regional, and international levels for the full and effective implementation of the Durban Declaration and Programme of Action and its follow-up processes. . The resolution also requests that the United Nations Secretary General establish a programme of outreach, with the involvement of Member States and United Nations funds and programmes as well as civil society, including non-governmental organizations, to appropriately commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action. The resolution also requests that the Office of the United Nations High Commissioner for Human Rights and the Department of Public Information of the Secretariat … launch a public information campaign for the commemoration of the tenth anniversary of the adoption of the Durban Declaration and Programme of Action . The United States, joined by 21 other nations, voted against this resolution. (30) The Government of Canada announced that it would not participate in the Durban III meeting. Canadian Minister of Citizenship, Immigration, and Multiculturalism Jason Kenney stated that Our government has lost faith in the entire tainted Durban process. Canada will not participate in this charade any longer. We will not lend our country’s good name to a commemoration of what has widely been characterized as a hatefest … Canada is clearly committed to the fight against racism, but the Durban process commemorates an agenda that actually promotes racism rather than combats it. . (31) The Government of Israel announced that it would not participate in the Durban III meeting, stating that Israel is part of the international struggle against racism. The Jewish people was itself a victim of racism throughout history. Israel regrets that a resolution on an important subject—elimination of racism—has been diverted and politicized by the automatic majority at the UN, by linking it to the Durban Declaration and Programme of Action (2001) that many states would prefer to forget. The Durban Conference of 2001, with its antisemitic undertones and displays of hatred for Israel and the Jewish World, left us with scars that will not heal quickly … Under the present circumstances, as long as the [Durban III] meeting is defined as part of the infamous Durban process , Israel will not participate … . (32) On June 2, 2011, the United States publicly announced that it would not participate in the Durban III meeting. The Department of State’s deputy spokesman stated that the Durban process includes displays of intolerance and anti-Semitism, and we don’t want to see that commemorated. In our conversations about this commemoration, we’ve not seen the kind of progress that we think is indicative. We remain unconvinced that the conference is moving in a new direction. . (33) The Governments of Australia, Austria, Bulgaria, the Czech Republic, France, Germany, Italy, Latvia, the Netherlands, New Zealand, Poland, and the United Kingdom also did not participate in the Durban III meeting. (34) On September 22, 2011, at the Durban III meeting, the United Nations General Assembly adopted Resolution A/RES/66/3, a political declaration which [r]eaffirm[ed] that the Durban Declaration and Programme of Action … and the outcome document of [Durban II] … are a comprehensive United Nations framework and solid foundation for combating racism, racial discrimination, xenophobia, and related intolerance , [r]ecall[ed] that the aim of [Durban III] is to mobilize political will at the national, regional and international levels and reaffirm our political commitment to the full and effective implementation of the Durban Declaration and Programme of Action and the outcome document of [Durban II], and their follow-up processes, at all these levels , and welcome[d] the continued engagement of the United Nations High Commissioner for Human Rights to incorporate the implementation of the Durban Declaration and Programme of Action into the United Nations system . (35) On September 22, 2011, the White House Press Secretary stated that Since its inception … the Durban process has included ugly displays of intolerance and anti-Semitism … Last December, the United States voted against the resolution establishing [Durban III] because we did not want to see the hateful and anti-Semitic displays of the 2001 Durban Conference commemorated. Over the last few months, we did not participate in negotiations on [Durban III’s] Political Declaration document and, like many other countries, we were not present when the Declaration was adopted. We are also deeply disappointed that the rules established for credentialing non-governmental organizations to participate were used by some delegations to silence voices critical of the Durban process. . (36) Durban I, Durban II, Durban III, and their preparatory and follow-on activities, have made little or no demonstrable contribution to combating racism, racial discrimination, xenophobia, and related intolerance. (37) To date, several million dollars from the United Nations regular budget has been expended on Durban I, Durban II, Durban III, and their preparatory and follow-on activities. (38) The United States is the largest contributor to the United Nations system, and is assessed for a full 22 percent of the United Nations regular budget, which is funded by assessed contributions from Member States. (39) Funding for Durban I, Durban II, Durban III, and their preparatory and follow-on activities through the United Nations regular budget has resulted in United States taxpayer dollars being used for those purposes. (40) Congress, through its adoption of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ) withheld from the United States assessed contribution for fiscal year 2008 to the United Nations regular budget an amount equivalent to the United States share of the United Nations Human Rights Council budget, including its share of the Council-administered preparatory process for Durban II. 702. Sense of Congress; statement of policy (a) Sense of congress It is the sense of Congress that— (1) the Durban I, Durban II, and Durban III conferences, and their preparatory and follow-on activities, were subverted by members of the Organization of the Islamic Conference and irredeemably distorted into a forum for anti-Israel, anti-Semitic, and anti-freedom activity; (2) by walking out of the Durban I conference, and by not participating in the Durban II conference, and announcing that it would not participate in the Durban III meeting, the United States Government upheld and reaffirmed the fundamental commitment of the United States to combating racism, racial discrimination, xenophobia, and related intolerance; (3) the Governments of Canada, Israel, Italy, Germany, the Netherlands, Poland, Australia, New Zealand, and the Czech Republic should be commended for their decision to not participate or cease participation in the Durban II conference; (4) the Governments of Australia, Austria, Bulgaria, Canada, the Czech Republic, France, Germany, Israel, Italy, Latvia, the Netherlands, Italy, New Zealand, Poland, and the United Kingdom should be commended for their decision to not participate in Durban III; and (5) the Administration should expeditiously and unequivocally announce that it will not participate in, support, or legitimize any part of the Durban process. (b) Statement of policy It shall be the policy of the United States to— (1) lead a high-level diplomatic effort to encourage other responsible countries— (A) not to participate in, support, legitimize, or fund any part of the Durban process, and (B) to withhold from their respective contributions to the regularly assessed biennial budget of the United Nations an amount that is equal to the percentage of such respective contributions that they determine would be or has been allocated by the United Nations for any part of the Durban III meeting or its preparatory or follow-on activities, or for any other part of the Durban process; and (2) lead a high-level diplomatic effort to explore credible, alternative forums for combating racism, racial discrimination, xenophobia, and related intolerance. 703. Non-participation in the durban process None of the funds made available in any provision of law may be used for United States participation in any part of the Durban process. 704. Withholding of funds; refund of United States taxpayer dollars (a) Withholding of funds for the durban process The Secretary of State shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be or has been expended by the United Nations for any part of the Durban I or Durban II conferences, the Durban III meeting, their preparatory or follow-on activities, or any other part of the Durban process, including— (1) the public information campaign for the commemoration of the tenth anniversary of the adoption of the Durban Declaration and Programme of Action requested by United Nations General Assembly Resolution A.RES/65/240; (2) the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action; (3) the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action ; and (4) the Ad Hoc Committee on the Elaboration of Complementary Standards. (b) Withholding of funds for other biased and compromised activities Until the Secretary of State submits to the appropriate congressional committees a certification, on a case-by-case basis, that the requirements described in subsection (d) have been satisfied, the United States shall withhold from the United States contribution to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines has been allocated by the United Nations for any conference, meeting, or other multilateral forum, or the preparatory or follow-on activities of any conference, meeting, or other multilateral forum, that is organized under the aegis or jurisdiction of the United Nations or of any United Nations Entity. (c) Refund of united states taxpayer dollars (1) In general Funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations Entity. (2) Allowance Funds appropriated for use as a United States contribution to the regularly assessed biennial budget of the United Nations but withheld from obligation and expenditure pursuant to subsection (b) may be obligated and expended for that purpose upon the certification described in subsection (d). Such funds shall revert to the United States Treasury if no such certification is made by the date that is one year after such appropriation, and shall not be considered arrears to be repaid to any United Nations Entity. (d) Certification The certification referred to in subsection (b) is a certification made by the Secretary of State to the appropriate congressional committees concerning the following: (1) The specified conference, meeting, or other multilateral forum did not reaffirm, call for the implementation of, or otherwise support the Durban Declaration and Programme of Action (2001) or the outcome document of the Durban II conference (2009) or the Durban III meeting (2011). (2) The specified conference or forum was not used to single out the United States or the State of Israel for unfair or unbalanced criticism. (3) The specified conference or forum was not used to propagate racism, racial discrimination, anti-Semitism, denial of the Holocaust, incitement to violence or genocide, xenophobia, or related intolerance. (4) The specified conference or forum was not used to advocate for restrictions on the freedoms of speech, expression, religion, the press, assembly, or petition, or for restrictions on other fundamental human rights and freedoms. (5) The leadership of the specified conference or forum does not include a Member State, or a representative from a Member State— (A) subject to sanctions by the Security Council; (B) under a Security Council-mandated investigation for human rights abuses; or (C) the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism. VIII UNRWA 801. Findings Congress makes the following findings: (1) United Nations General Assembly Resolution 302 (1949) created the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) with the temporary, strictly humanitarian mandate to carry out … direct relief and works programmes for Palestinian refugees. (2) UNRWA has acknowledged that it is the only UN agency that reports directly to the UN General Assembly, and whose beneficiary population stems from one nation-group , and is responsible solely for Palestinian refugees, while the United Nations High Commissioner for Refugees (UNHCR) is responsible for other refugees across the world. (3) UNHCR’s definition of a refugee is, in accordance with the 1951 Convention Relating to the Status of Refugees, any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country … . (4) UNRWA’s much broader definition of a Palestine refugee is any person, and his descendants, whose normal place of residence was [the former British Mandate of] Palestine during the period 1 June 1946 to 15 May 1948 and who lost both home and means of livelihood as a result of the 1948 conflict. . (5) UNRWA’s overly inclusive definition of a Palestine refugee has resulted in an increase in UNRWA’s reported number of Palestine refugees from under 1,000,000 in 1950 to over 5,000,000 today, encompassing multiple generations of descendants of the original Palestinian refugees. (6) Hundreds of thousands of Palestine refugees are citizens of recognized states, including Jordan. (7) UNRWA, unlike UNHCR, does not offer refugees the option of resettlement and reintegration into their country of refuge or a third country. Efforts by UN officials in the 1950s to offer resettlement and reintegration as an option for Palestinian refugees were dropped under fierce opposition from Arab governments, and have not been taken up since. (8) Through its overly inclusive definition of a Palestine refugee and its refusal to offer refugees the option of resettlement and reintegration, UNRWA contributes to the perpetuation of the suffering of Palestinian refugees, who have been exploited by Arab governments and Palestinian militant groups for over six decades as a political tool with which to assail Israel. (9) Almost all of UNRWA’s almost 30,000 staff are Palestinian refugees themselves, presenting a clear conflict of interest. (10) UNRWA’s total annual budget, including its core programs, emergency activities and special projects, exceeds almost $1,000,000,000. (11) The United States has long been the largest single contributing country to UNRWA. (12) From 1950 to 2010, the United States has contributed almost $3,900,000,000 to UNRWA, including an average of over $210,000,000 per year between fiscal years 2007 and 2010. (13) Section 301(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221(c) ) states that No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism. . (14) Then-Deputy Secretary of State Jacob J. Lew testified before the House Committee on Foreign Affairs on May 13, 2009, that We have the highest level of scrutiny in terms of UNRWA . (15) However, in contravention of United States law, UNRWA does not ask its personnel or aid recipients if they are members of Foreign Terrorist Organizations. (16) Even though the United States remains the largest single contributing country to UNRWA, until 2010, UNRWA did not make available its list of staff for screening through United States watch lists, including that of the Department of the Treasury’s Office of Foreign Assets Control, refused a United States request to do so in 2005, and still does not do so for its list of aid recipients. (17) UNRWA claims that it has fulfilled its obligations under section 301(c) of the Foreign Assistance Act of 1961 by screening personnel through the United Nations Consolidated List pursuant to United Nations Security Council Resolution 1267, but the names on that list are largely members of Al-Qaeda and the Taliban, not of Palestinian Foreign Terrorist Organizations such as Hamas, Fatah’s al-Aqsa Martyrs’ Brigades, or Palestinian Islamic Jihad. (18) Former UNRWA commissioner-general Peter Hansen, stated in 2004 that I am sure that there are Hamas members on the UNRWA payroll and I don’t see that as a crime. . (19) A number of UNRWA personnel have been discovered to be affiliated with Foreign Terrorist Organizations, including, inter alia— (A) Issa Batran (now deceased), a commander of Hamas’s al-Aqsa Martyrs’ Brigades and senior rocket-maker who taught at an UNRWA school in Gaza; (B) Humam Khalil Abu Mulal al-Balawi (now deceased), who reportedly carried out a homicide bombing that killed seven Americans and one Jordanian at Forward Operating Base Chapman in Afghanistan on December 30, 2009, reportedly worked as a physician at an UNRWA clinic in Amman, Jordan, and had longstanding ties to violent Islamist extremism; (C) Said Siam (now deceased), a longtime Hamas official who eventually served as Hamas’s Interior Minister in Gaza, and who taught at an UNRWA school in Gaza; (D) Awad al-Qiq (now deceased), a rocket-builder for Palestinian Islamic Jihad who served as headmaster of an UNRWA school in Gaza; (E) Nahd Atallah, an UNRWA staff member in Gaza, who was arrested, convicted, and sentenced to 15 years’ imprisonment by an Israeli military court of using his UN travel document to bypass Israeli checkpoints in Gaza in order to transport armed Palestinian militants; and (F) an UNRWA teacher who reportedly praised homicide bombers and permitted Hamas leader Ahmed Yassin (now deceased) to speak to an assembly of students at an UNRWA school. UNRWA did not terminate the teacher’s employment, instead only giving him a letter of censure. (20) UNRWA staff unions, including the teachers’ union, are frequently controlled by members affiliated with Hamas. (21) Former UNRWA general counsel James Lindsay noted in a 2009 report that— (A) UNRWA … obviously does not take all possible measures in practice to assure that United States contributions do not provide assistance to any refugee with ties to Foreign Terrorist Organizations, in accordance with section 301(c) of the Foreign Assistance Act of 1961; (B) UNRWA makes no attempt to weed out individuals who support extremist positions … UNRWA has taken very few steps to detect and eliminate terrorists from the ranks of its staff or its beneficiaries, and no steps at all to prevent members of terrorist organizations, such as Hamas, from joining its staff. ; (C) [I]t is rare for an area staff member … to report or confirm that another staff member has violated rules against political speech, let alone exhibited ties to terrorism. Not surprisingly, external allegations of improper speech or improper use of UNRWA facilities are difficult to prove, as virtually no one is willing to be a witness against gang members. ; and (D) [T]here are no formal procedures for deregistering or denying services to a properly registered refugee, no matter what he or she does. . (22) The late Representative Tom Lantos, in a May 13, 2002, letter, expressed his concern that— (A) UNRWA is perpetuating, rather than ameliorating, the situation of Palestinian refugees ; (B) UNRWA officials have … failed to prevent their camps from becoming centers of terrorist activity ; and (C) for too long, UNRWA has been part of the problem, rather than the solution, in the Middle East … UNRWA camps have fostered a culture of anger and dependency that undermines both regional peace and the well-being of the camps inhabitants. (23) UNRWA has long held accounts at the Arab Bank and the Commercial Bank of Syria (CBS), financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. (24) The Arab Bank is reportedly at the center of United States investigations into how tens of millions of dollars have flowed to Palestinian groups that allegedly used some of those funds to pay off suicide bombers and their relatives, and is also reportedly being sued in Federal court by American victims of attacks in Israel, with attorneys for the victims accusing the bank of facilitating Acts of International Terrorism. (25) On May 11, 2004, the Department of the Treasury designated CBS as a financial institution of primary money laundering concern pursuant to section 311 of the USA Patriot Act, stating that CBS had been used by terrorists and their sympathizers and acted as a conduit for the laundering of proceeds generated from the illicit sale of Iraqi oil and that numerous transactions that may be indicative of terrorist financing and money laundering have been transferred through CBS, including two accounts at CBS that reference a reputed financier for Usama bin Laden. . (26) On August 10, 2011, the Department of the Treasury designated CBS, pursuant to Executive Order 13382, for serving as an agent for designated Syrian and North Korean proliferators . (27) CBS is controlled by the Government of Syria, a State Sponsor of Terrorism. (28) The curriculum of UNRWA schools, which use the textbooks of their respective host governments or authorities, has long contained materials that are anti-Israel, anti-Semitic, and supportive of violent extremism. (29) As far back as over forty years ago, former UNRWA commissioner-general Laurence Mi­chel­more admitted that UNRWA schools were supporting a bitterly hostile attitude to Israel. . (30) Former UNRWA general counsel James Lindsay noted in a January 2009 report that [T]eachers in UNRWA schools were often afraid to remove posters glorifying martyrs (including suicide bombers) for fear of retribution from armed supporters of the martyrs. . (31) UNRWA officials have compromised UNRWA’s strictly humanitarian mandate by engaging in political agitation, propaganda, and advocacy agitation against Israel and in favor of Hamas, as reflected by the following, inter alia: (A) UNRWA officials have repeatedly called for the United States and other nations to deal directly with Hamas and have repeatedly called for political reconciliation between Hamas and Fatah. (B) UNRWA officials have repeatedly castigated Israel for her actions to defend innocent civilians from rocket and mortar attacks from violent extremist groups in Gaza and from other Acts of International Terrorism, and has repeatedly blamed Israel, not Hamas and other violent extremist groups, for present restrictions on access to Gaza. (C) Former UNRWA general counsel James Lindsay noted in a 2009 report that: Although it occasionally issued mild, pro forma criticisms of Palestinian attacks (most of which were clearly war crimes), [UNRWA] put more effort into criticizing Israeli coun­ter­ter­ror­ism efforts (which were condemned using language associated with war crimes, though any such crimes were far from proved) … UNRWA never seems to acknowledge that Israel, since its 2005 withdrawal from Gaza, has launched strikes on the territory largely in order to halt rocket attacks and other assaults. . (D) Lindsay also noted that UNRWA—through its leaders and press spokespersons—is constantly involved in political speech . . . These one-sided speeches on political matters do not further the goals of a humanitarian and supposedly nonpolitical agency. . (E) UNRWA Commissioner-General Filippo Grandi described as a massacre Israel’s May 31, 2010, naval operation, and use of self-defense measures, to seize the Mavi Marmara ship in order to enforce its naval blockade of the Gaza Strip. (F) Former UNRWA commissioner-general Karen AbuZayd stated in a 2009 meeting with Congressional staff that We [UNRWA] are not just humanitarian. . (G) In January of 2009, UNRWA spokesman Christopher Gunness called for an investigation as to whether Israel had committed a war crime . (H) On December 30, 2008, former UNRWA commissioner-general Karen AbuZayd stated that only Israel was responsible for the start of the most recent conflict in Gaza. (I) On May 25, 2008, in an interview with Press TV, which is controlled by the Government of Iran, former UNRWA commissioner-general Karen AbuZayd reportedly claimed that Hamas was free from corruption and more popular than ever . (J) On October 5, 2007, former UNRWA commissioner-general Karen AbuZayd blamed Israel for violent extremist groups in Gaza launching rockets and mortars against Israeli civilian targets, stating that residents of Gaza have absorbed—and continue to experience—military incursions in which civilian lives, livelihoods, and property have been destroyed, and to which they have responded with the continuous firing of Qassam rockets into Israel. . (K) On March 8, 2007, former UNRWA commissioner-general Karen AbuZayd, comparing the 1948 Arab-Israeli War with more recent conflicts between Israel and Palestinian militant groups, stated that [T]here is a striking historical continuity in the systematic approach to use overwhelming and disproportionate force in the name of security; to separate and exclude Palestinians from the mainstream; to eject them from their land; and to occupy Palestinian land. . (L) On January 19, 2005, former UNRWA commissioner-general Peter Hansen stated that My job [is] to represent the refugees. . (M) In 2002, former UNRWA commissioner-general Peter Hansen falsely accused Israel of carrying out a massacre in UNRWA’s Jenin refugee camp after Israeli forces entered the camp, a base of operations for Palestinian militant groups, to carry out defensive operations to halt repeated homicide bombings in Israel. (N) In 1964, UNRWA allowed its staff to attend the conference in Jerusalem where the Palestine Liberation Organization (PLO) was established. (32) Despite UNRWA’s contravention of United States law and activities that compromise its strictly humanitarian mandate, UNRWA continues to receive United States contributions, including $233,300,000 in fiscal year 2012. (33) The bilateral Framework for Cooperation that the United States concluded with UNRWA for 2012 actually commends UNRWA and does not commit UNRWA to vetting its aid recipients through United States watch lists. (34) Assistance from the United States and other responsible nations allows UNRWA to claim that criticisms of the agency’s behavior are unfounded. UNRWA spokesman Christopher Gunness has dismissed concerns by stating that If these baseless allegations were even halfway true, do you really think the U.S. and [European Commission] would give us hundreds of millions of dollars per year? . (35) Former UNRWA general counsel James Lindsay noted in a 2009 report that: (A) The United States, despite funding nearly 75 percent of UNRWA’s national budget and remaining its largest single country donor, has mostly failed to make UNRWA reflect U.S. foreign policy objectives … Recent U.S. efforts to shape UNRWA appear to have been ineffective … ; (B) [T]he United States is not obligated to fund agencies that refuse to check its rolls for individuals their donors do not wish to support. ; (C) A number of changes in UNRWA could benefit the refugees, the Middle East, and the United States, but those changes will not occur unless the United States, ideally with support from UNRWA’s other main financial supporter, the European Union, compels the agency to enact reforms. ; and (D) If the [UNRWA commissioner-general’s] power is used in ways that are conflict with the donors political objectives, it is up to the donors to take the necessary actions to ensure that their interests are respected. When they have done so, UNRWA—given the tight financial leash it has been on for most of its existence—has tended to follow their dictates, even if sometimes slowly. (36) The Government of Canada has placed restrictions on its contributions to UNRWA, demonstrating consequences for UNRWA’s malfeasance and setting an example for the United States and other donor governments. 802. United States contributions to UNRWA Section 301 of the Foreign Assistance Act of 1961 is amended by striking subsection (c) and inserting the following new subsection: (c) (1) Withholding Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only during a period for which a certification described in paragraph (2) is in effect. (2) Certification A certification described in this paragraph is a written determination by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefor, that— (A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA— (i) is a member of a Foreign Terrorist Organization; (ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or (iii) has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; (B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a Foreign Terrorist Organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; (E) no recipient of UNRWA funds or loans is a member of a Foreign Terrorist Organization; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. (3) Definitions In this section: (A) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House of Representatives; and (ii) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate. (B) Foreign terrorist organization The term Foreign Terrorist Organization means an organization designated as a Foreign Terrorist Organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (4) Effective Duration of Certification The certification described in paragraph (2) shall be effective for a period of 180 days from the date of transmission to the appropriate congressional committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the appropriate congressional committees a description of any information that precludes the renewal or continuation of the certification. (5) Limitation During a period for which a certification described in paragraph (2) is in effect, the United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount— (A) greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States; (B) that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or (C) that exceeds 22 percent of the total budget of UNRWA. . 803. Sense of Congress It is the sense of Congress that— (1) the President and the Secretary of State should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 802 of this Act); (2) citizens of recognized states should be removed from UNRWA’s jurisdiction; (3) UNRWA’s definition of a Palestine refugee should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees; and (4) in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees. IX INTERNATIONAL ATOMIC ENERGY AGENCY 901. Technical cooperation program (a) Findings Congress makes the following findings: (1) The International Atomic Energy Agency (IAEA) was established in 1957 with the objectives of seeking to accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world and to ensure … that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose. . (2) The United States, via assessed contributions, is the largest financial contributor to the regular budget of the IAEA. (3) In 1959, the IAEA established what is now called the Technical Cooperation Program, financed primarily through voluntary contributions by member states to the Technical Cooperation Fund, to provide nuclear technical cooperation (TC) for peaceful purposes to countries worldwide. (4) The United States is the largest financial contributor to the IAEA’s Technical Cooperation Fund. (5) A March 2009 report by the Government Accountability Office (GAO) found that neither [the Department of State] nor IAEA seeks to systematically limit TC assistance to countries the United States has designated as state sponsors of terrorism—Cuba, Iran, Sudan, and Syria—even though under U.S. law these countries are subject to sanctions. . (6) The GAO report also found that Together, [Cuba, Iran, Sudan, and Syria] received more than $55 million in TC assistance from 1997 through 2007. . These four countries have received continued assistance since 2007. (7) The GAO report also found that proliferation concerns about the [Technical Cooperation Program] have persisted because of the assistance it has provided to certain countries and because nuclear equipment, technology, and expertise can be dual-use—capable of serving peaceful purposes … but also useful in contributing to nuclear weapons development. . (8) The GAO report also found that [The State Department] reported in 2007 that three TC projects in [Iran] were directly related to the Iranian nuclear power plant at Bushehr. . (9) The GAO report also found that The proliferation concerns associated with the [Technical Cooperation Program] are difficult for the United States to fully identify, assess, and resolve … [because] there is no formal mechanism for obtaining TC project information during the proposal development phase … [l]imited [Department of] State documentation on how proliferation concerns of TC proposals were resolved … [and s]hortcomings in U.S. policies and IAEA procedures [including monitoring proliferation risks] related to TC program fellowships. . (10) The GAO report noted that IAEA officials told us that the [technical cooperation program] does not attempt to exclude countries on the basis of their status as United States—designated state sponsors of terrorism or other political considerations and that, according to the Deputy Director General for the Technical Cooperation Program, there are no good countries and there are no bad countries with respect to provision of technical cooperation by the IAEA. (11) The GAO report also found that given the limited information available on TC projects and the dual-use nature of some nuclear technologies and expertise, we do not believe [the State Department] can assert with complete confidence that TC assistance has not advanced [weapons of mass destruction] programs in U.S.-designated state sponsors of terrorism . (12) The GAO report also found that we do not share [the State Department’s confidence in IAEA’s internal safeguards to prevent TC projects from contributing to weapons development …] . (13) The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) prohibited any of the funds authorized to be appropriated for International Organizations and Programs from being made available for the United States proportionate share for programs for Libya, Iran, Cuba, or the Palestine Liberation Organization, inter alia. (14) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 ( Public Law 105–118 ) prohibited any of the funds made available by such Act for the IAEA from being made available for programs and projects of the IAEA in Cuba. (15) The Foreign Affairs Reform and Restructuring Act of 1998 ( Public Law 105–277 ) required the United States to withhold a proportionate share of funding to the IAEA for projects in Cuba regarding the Juragua Nuclear Power Plant and the Pedro Pi Nuclear Research Center. (16) The GAO report asked Congress to consider directing [the State Department] to withhold a share of future annual contributions to the [technical cooperation fund] that is proportionate to the amount of funding provided from the fund for U.S.-designated state sponsors of terrorism and other countries of concern, noting that such a withholding is a matter of fundamental principle and intended to foster a more consistent United States policy toward such nations . (17) The IAEA has repeatedly reported that the Government of Iran continues its work on heavy water-related projects and its enrichment of uranium, in violation of United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010). (18) United Nations Security Council Resolution 1737 (2006) decided that technical cooperation provided to Iran by the IAEA or under its auspices shall only be for food, agricultural, medical, safety or other humanitarian purposes [inter alia] … but that no such technical cooperation shall be provided that relates to … proliferation sensitive nuclear activities … . (19) The IAEA Director General reported to the IAEA Board of Governors on February 25, 2011, that the Government of Iran now has approximately 7,000 centrifuges for enriching uranium, is running almost 5,000 of them, and has increased its stockpile of low-enriched uranium to over 3,600 kilograms, considered sufficient for further enrichment into enough high-enriched uranium for more than one atomic bomb. The Government of Iran has also reportedly produced a stockpile of over 40 kilograms of uranium enriched up to 20 percent U–235. (20) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 25, 2011, about the outstanding issues related to possible military dimensions to Iran’s nuclear programme . (21) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 25, 2011, that the [IAEA] remains concerned about the possible existence in Iran of past or current undisclosed nuclear related activities involving military-related organizations, including activities related to the development of a nuclear payload for a missile. . (22) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that Iran has not implemented the Additional Protocol, which is a prerequisite for [the IAEA] to provide credible assurance about the absence of undeclared nuclear material and activities. Nor has [Iran] agreed to [the IAEA’s] request that Iran provide, as a transparency measure, access to additional locations related, inter alia, to the manufacturing of centrifuges, research and development on uranium enrichment, and uranium mining and milling, as also required by the Security Council. . (23) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that as a result of the continued lack of cooperation by Iran in connection with … issues which give rise to concerns about possible military dimensions of Iran’s nuclear programme, [the IAEA] has made no substantive progress on these issues. . (24) Iran has refused to comply with resolutions adopted by the IAEA Board of Governors on September 12, 2003, November 26, 2003, March 15, 2004, June 18, 2004, November 29, 2004, August 11, 2005, September 24, 2005, February 4, 2006, and July 31, 2006, regarding Iran’s many failures and breaches of its obligations to comply with its NPT Safeguards Agreement and continues to block IAEA inspections of its nuclear facilities, in violation of its NPT Safeguards Agreement. (25) According to multiple news reports, Iran recently denied access to its enrichment site at Natanz to IAEA inspectors, and has also denied a request by the IAEA to place one or more additional surveillance cameras at the enrichment site at Natanz. (26) In April of 2008, United States Government officials publicly revealed that Syria was building at the Dair Alzour site, with North Korea’s assistance, a secret nuclear reactor that was based on a North Korean model capable of producing plutonium for nuclear weapons and that was weeks away from becoming operational before an Israeli air strike reportedly destroyed the reactor in September 2007. (27) On April 28, 2008, General Michael Hayden, the former Director of the Central Intelligence Agency, stated that the Syrian reactor at Dair Alzour could have produced enough plutonium for 1 or 2 bombs within a year of becoming operational. (28) The IAEA Director General reported to the IAEA Board of Governors on November 19, 2008 that the Syrian facility at Dair Alzour bore features that resembled those of an undeclared nuclear reactor, adding that Syria has not yet provided the requested documentation in support of its declarations concerning the nature or function of the destroyed building, nor agreed to a visit to the three other locations which the IAEA has requested to visit. . (29) The IAEA Director General publicly stated to the IAEA Board of Governors, on June 15, 2009, that the limited information and access provided by Syria to date have not enabled the Agency to determine the nature of the destroyed facility at Dair Alzour site, that uranium particles have been found in samples taken from a second site, the Miniature Neutron Source Reactor facility in Damascus, and that the particles found at both sites are of a type not included in Syria’s declared inventory of nuclear material. . (30) Commercial satellite photos published on February 23, 2011, indicate efforts by the Government of Syria to conceal its activities at an additional site, Marj as Sultan, which may be connected to the Dair Alzour facility. (31) The IAEA Director General reported to the IAEA Board of Governors on February 25, 2011, that Syria has not cooperated with the [IAEA] since June 2008 in connection with the unresolved issues related to the Dair Alzour site and the other three locations allegedly functionally related to it. As a consequence, the [IAEA] has not been able to make progress towards resolving the outstanding issues related to those sites. . (b) Prohibition No funds from any United States assessed or voluntary contribution to the IAEA may be used to support any assistance provided by the IAEA through its Technical Cooperation program to any country, including North Korea that— (1) is a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; (2) is in breach of or noncompliance with its obligations regarding— (A) its safeguards agreement with the IAEA; (B) the Additional Protocol; (C) the Nuclear Non-Proliferation Treaty; (D) any relevant United Nations Security Council Resolution; or (E) the Charter of the United Nations; or (3) is under investigation for a breach of or noncompliance with the obligations specified in paragraph (2). (c) Withholding of voluntary contributions Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall withhold from the United States voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in the period from 2007 to 2008 on assistance through its Technical Cooperation Program to countries described in subsection (b). (d) Withholding of assessed contributions If, not later than 30 days of the date of the enactment of this Act, the amount specified in subsection (c) has not been withheld and the IAEA has not suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (b), an amount equal to that specified in subsection (c) shall be withheld from the United States assessed contribution to the IAEA. (e) Waiver The provisions in subsections (c) and (d) may be waived if— (1) the IAEA has suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (b); or (2) the President certifies that the countries described in subsection (b) no longer pose a threat to the national security, interests, and allies of the United States. (f) United states actions at IAEA The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to any country described in subsection (b). (g) Report Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. 902. United States policy at the IAEA (a) Enforcement and compliance (1) Office of compliance (A) Establishment The President shall direct the United States Permanent Representative to International Atomic Energy Agency (IAEA) to use the voice, vote, and influence of the United States at the IAEA to establish an Office of Compliance in the Secretariat of the IAEA. (B) Operation The Office of Compliance shall— (i) function as an independent body composed of technical experts who shall work in consultation with IAEA inspectors to assess compliance by IAEA Member States and provide recommendations to the IAEA Board of Governors concerning penalties to be imposed on IAEA Member States that fail to fulfill their obligations under IAEA Board resolutions; (ii) base its assessments and recommendations on IAEA inspection reports; and (iii) take into consideration information provided by IAEA Board Members that are 1 of the 5 nuclear weapons states as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483) (commonly referred to as the Nuclear Nonproliferation Treaty or the NPT ). (C) Staffing The Office of Compliance shall be staffed from existing personnel in the Department of Safeguards of the IAEA or the Department of Nuclear Safety and Security of the IAEA. (2) Committee on safeguards and verification The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that the Committee on Safeguards and Verification established in 2005 shall develop and seek to put into force a workplan of concrete measures that will— (A) improve the ability of the IAEA to monitor and enforce compliance by Member States of the IAEA with the Nuclear Nonproliferation Treaty and the Statute of the International Atomic Energy Agency; and (B) enhance the ability of the IAEA, beyond the verification mechanisms and authorities contained in the Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA, to detect with a high degree of confidence undeclared nuclear activities by a Member State. (3) Penalties with respect to the iaea (A) In general The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including— (i) limiting its ability to vote on its case; (ii) being prevented from receiving any technical assistance; and (iii) being prevented from hosting meetings. (B) Termination of penalties The penalties specified under subparagraph (A) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance. (4) Penalties with respect to the nuclear nonproliferation treaty The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is found to be in breach of, in noncompliance with, or has withdrawn from the Nuclear Nonproliferation Treaty shall return to the IAEA all nuclear materials and technology received from the IAEA, any Member State of the IAEA, or any Member State of the Nuclear Nonproliferation Treaty. (b) United states contributions (1) Voluntary contributions Voluntary contributions of the United States to the IAEA should primarily be used to fund activities relating to Nuclear Safety and Security or activities relating to Nuclear Verification. (2) Limitation on use of funds The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to— (A) ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs; and (B) block the allocation of funds for any other IAEA development, environmental, or nuclear science assistance or activity to a country— (i) the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism and the government of which the Secretary has determined has not dismantled and surrendered its weapons of mass destruction programs under international verification; (ii) that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or (iii) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations. (3) Detail of expenditures The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to secure, as part of the regular budget presentation of the IAEA to Member States of the IAEA, a detailed breakdown by country of expenditures of the IAEA for safeguards inspections and nuclear security activities. (c) Membership (1) In general The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the membership on the Board of Governors of the IAEA for a Member State of the IAEA that has not signed and ratified the Additional Protocol and— (A) is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or (B) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations. (2) Criteria The United States Permanent Representative to the IAEA shall make every effort to modify the criteria for Board membership to reflect the principles described in paragraph (1). (d) Small quantities protocol The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to— (1) rescind and eliminate the Small Quantities Protocol; (2) require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and (3) require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (a)(3). (e) Nuclear program of iran and syria (1) United states action The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board of Governors that, in addition to the restrictions already imposed, makes Iran and Syria ineligible to receive any nuclear material, technology, equipment, or assistance from any IAEA Member State and ineligible for any IAEA assistance not related to safeguards inspections or nuclear security until the IAEA Board of Governors determines that Iran or Syria, as the case may be— (A) is providing full access to IAEA inspectors to its nuclear-related facilities; (B) has fully implemented and is in compliance with the Additional Protocol; and (C) has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing. (2) Penalties If an IAEA Member State is determined to have violated the prohibition on assistance to Iran or Syria described in paragraph (1) before the IAEA Board of Governors determines that Iran or Syria, as the case may be, has satisfied the conditions described in subparagraphs (A) through (C) of such paragraph, such Member State shall be subject to the penalties described in subsection (a)(3), shall be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State, and shall be ineligible to receive any IAEA assistance not related to safeguards inspections or nuclear security until such time as the IAEA Board of Governors makes such determination with respect to Iran or Syria, as the case may be. (f) Report Not later than 6 months after the date of the enactment of this Act and annually for 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section. 903. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA It is the sense of Congress that the national security interests of the United States are enhanced by the Nuclear Security Action Plan of the IAEA and the Board of Governors should recommend, and the General Conference should adopt, a resolution incorporating the Nuclear Security Action Plan into the regular budget of the IAEA. X PEACEKEEPING 1001. Reform of United Nations peacekeeping operations It is the sense of Congress that— (1) although United Nations peacekeeping operations have contributed greatly toward the promotion of peace and stability for over 6 decades and the majority of peacekeeping personnel who have served under the United Nations flag have done so with honor and courage, the record of United Nations peacekeeping has been severely tarnished by operational failures and unconscionable acts of misconduct; (2) in response to such failures, successive Secretaries General of the United Nations have launched numerous reform efforts, including the high-level Panel on United Nations Peace Operations, led by former Foreign Minister of Algeria Lakhdar Brahimi, the 2005 report by the Special Advisor on the Prevention of Sexual Exploitation and Abuse, His Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein of Jordan, and the 2009 New Partnership Agenda, known as the New Horizon reports; (3) despite the fact that the United Nations has had over a decade to implement many of these reforms, nearly four years to implement the reforms in the Zeid Report, and the fact that Secretary General Ban Ki-Moon, his predecessor Kofi Annan, and the Special Committee on Peacekeeping Operations repeatedly have expressed their commitment to implementing fundamental, systematic changes as a matter of urgency, a number of critical reforms continue to be blocked or delayed by Members States who arguably benefit from maintenance of the status quo; (4) further, audits of procurement practices in the Department of Peacekeeping Operations, conducted by the Office of Internal Oversight Services, and the now-defunct United Nations Procurement Task Force have uncovered significant corruption schemes and criminal acts by United Nations peacekeeping personnel; and (5) if the reputation of and confidence in United Nations peacekeeping operations is to be restored, fundamental and far-reaching reforms, particularly in the areas of planning, management, procurement, training, conduct, and discipline, must be implemented without further delay. 1002. Policy relating to reform of United Nations peacekeeping operations It shall be the policy of the United States to pursue reform of United Nations peacekeeping operations in the following areas: (1) Planning and management (A) Global audit As the size, cost, and number of United Nations peacekeeping operations have increased substantially over the past decade, independent audits of each such operation should be conducted annually, with a view toward right-sizing operations and ensuring that all operations are efficient and cost effective. (B) Procurement and transparency The logistics established within the United Nations Department of Field Support should be streamlined and strengthened to ensure that all peacekeeping missions are resourced appropriately, transparently, and in a timely fashion while individual accountability for waste, fraud and abuse within United Nations peacekeeping missions is uniformly enforced. (C) Review of mandates and closing operations In conjunction with the audit described in subparagraph (A), the United Nations Department of Peacekeeping Operations should conduct a comprehensive review of all United Nations peacekeeping operation mandates, with a view toward identifying objectives that are practical and achievable, and report its findings to the Security Council. In particular, the review should consider the following: (i) Except in extraordinary cases, including genocide, the United Nations Department of Peacekeeping Operations should not be tasked with activities that are impractical or unachievable without the cooperation of the Member State(s) hosting a United Nations peacekeeping operation, or which amount to de-facto Trusteeship outside of the procedures established for such under Chapter XII of the United Nations Charter, thereby creating unrealistic expectations and obfuscating the primary responsibility of the Member States themselves in creating and maintaining conditions for peace. (ii) Long-standing operations that are static and cannot fulfill their mandate should be downsized or closed. (iii) Where there is legitimate concern that the withdrawal from a country of an otherwise static United Nations peacekeeping operation would result in the resumption of major conflict, a burden-sharing arrangement that reduces the level of assessed contributions, similar to that currently supporting the United Nations Peacekeeping Force in Cyprus, should be explored and instituted. (D) Leadership As peacekeeping operations become larger and increasingly complex, the Secretariat should adopt a minimum standard of qualifications for senior leaders and managers, with particular emphasis on specific skills and experience, and current senior leaders and managers who do not meet those standards should be removed. (E) Pre-deployment training Pre-deployment training on interpretation of the mandate of the operation, specifically in the areas of use of force, civilian protection and field conditions, the Code of Conduct, HIV/AIDS, and human rights should be mandatory, and all personnel, regardless of category or rank, should be required to sign an oath that each has received and understands such training as a condition of participation in the operation. (F) Gratis military personnel The General Assembly should seek to strengthen the capacity the United Nations Department of Peacekeeping Operations and ease the extraordinary burden currently placed upon the limited number of headquarters staff by lifting restrictions on the utilization of gratis military personnel by the Department so that the Department may accept secondments from Member States of military personnel with expertise in mission planning, logistics, and other operational specialties. (2) Conduct and discipline (A) Adoption of a uniform code of conduct A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, including military personnel, should be adopted and incorporated into legal documents governing participation in such an operation, including all contracts and Memorandums of Understanding, promulgated and effectively enforced. (B) Understanding the code of conduct All personnel, regardless of category or rank, should receive training on the Code of Conduct prior to deployment with a peacekeeping operation, in addition to periodic follow-on training. In particular— (i) all personnel, regardless of category or rank, should be provided with a personal copy of the Code of Conduct that has been translated into the national language of such personnel, regardless of whether such language is an official language of the United Nations; (ii) all personnel, regardless of category or rank, should sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code of Conduct, and that each understands the consequences of violating the Code of Conduct, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability and victims compensation, where appropriate, as a condition of appointment to any such operation; and (iii) peacekeeping operations should continue and enhance educational outreach programs to reach local communities where peacekeeping personnel of such operations are based, including explaining prohibited acts on the part of United Nations peacekeeping personnel and identifying the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct. (C) Monitoring mechanisms Dedicated monitoring mechanisms, such as the Conduct and Discipline Teams already deployed to support United Nations peacekeeping operations in Haiti, Sudan, Kosovo, Liberia, Lebanon, Cote d’Ivoire, Western Sahara, and the Democratic Republic of Congo, should be present in each operation to monitor compliance with the Code of Conduct, and should report simultaneously to the Head of Mission, the United Nations Department of Field Support, the United Nations Department of Peacekeeping Operations, and the Associate Director of the Office of Internal Oversight Services for Peacekeeping Operations (established under section 1114(b)(9)). (D) Investigations A permanent, professional, and independent investigative body should be established and introduced into United Nations peacekeeping operations. In particular— (i) the investigative body should include professionals with experience in investigating sex crimes and the illegal exploitation of resources, as appropriate, as well as experts who can provide guidance on standards of proof and evidentiary requirements necessary for any subsequent legal action; (ii) provisions should be included in all Memorandums of Understanding, including a Model Memorandum of Understanding, that obligate Member States that contribute troops to a peacekeeping operation to designate a military prosecutor who will participate in any investigation into credible allegations of misconduct brought against an individual of such Member State, so that evidence is collected and preserved in a manner consistent with the military law of such Member State; (iii) the investigative body should be regionally based to ensure rapid deployment and should be equipped with modern forensics equipment for the purpose of positively identifying perpetrators and, where necessary, for determining paternity; and (iv) the investigative body should report directly to the Associate Director of the Office of Internal Oversight Services for Peacekeeping Operations, while providing copies of any reports to the Department of Field Support, the Department of Peacekeeping Operations, the Head of Mission, and the Member State concerned. (E) Follow-up The Conduct and Discipline Unit in the headquarters of the United Nations Department of Field Support should be appropriately staffed, resourced, and tasked with— (i) promulgating measures to prevent misconduct; (ii) receiving reports by field personnel and coordinating the Department’s response to allegations of misconduct; (iii) gathering follow-up information on completed investigations, particularly by focusing on disciplinary actions against the individual concerned taken by the United Nations or by the Member State that is contributing troops to which such individual belongs, and sharing such information with the Security Council, the Department of Peacekeeping Operations, the Head of Mission, and the community hosting the peacekeeping operation; and (iv) contributing pertinent data on conduct and discipline to the database required pursuant to subparagraph (H). (F) Financial liability and victims assistance Although peacekeeping operations should provide immediate medical assistance to victims of sexual abuse or exploitation, the responsibility for providing longer-term treatment, care, or restitution lies solely with the individual found guilty of the misconduct. In particular: (i) The United Nations should not assume responsibility for providing long-term treatment or compensation under the Sexual Exploitation and Abuse Victim Assistance Mechanism by utilizing assessed contributions to United Nations peacekeeping operations, thereby shielding individuals from personal liability and reinforcing an atmosphere of impunity. (ii) If an individual responsible for misconduct has been repatriated, reassigned, redeployed, or is otherwise unable to provide assistance, responsibility for providing assistance to a victim should be assigned to the Member State that contributed the contingent to which such individual belonged or to the manager concerned. (iii) In the case of misconduct by a member of a military contingent, appropriate funds shall be withheld from the troop contributing country concerned. (iv) In the case of misconduct by a civilian employee or contractor of the United Nations, appropriate wages shall be garnished from such individual or fines shall be imposed against such individual, consistent with existing United Nations Staff Rules, and retirement funds shall not be shielded from liability. (G) Managers and commanders The manner in which managers and commanders handle cases of misconduct by those serving under them should be included in their individual performance evaluations, so that managers and commanders who take decisive action to deter and address misconduct are rewarded, while those who create a permissive environment or impede investigations are penalized or relieved of duty, as appropriate. (H) Database A centralized database, including personnel photos, fingerprints, and biometric data, should be created and maintained within the United Nations Department of Peacekeeping Operations, the Department of Field Support, and other relevant United Nations bodies without further delay to track cases of misconduct, including the outcome of investigations and subsequent prosecutions, to ensure that personnel who have engaged in misconduct or other criminal activities, regardless of category or rank, are permanently barred from participation in future peacekeeping operations. (I) Cooperation of member states If a Member State routinely refuses to cooperate with the directives contained herein or acts to shield its nationals from personal liability, that Member State should be barred from contributing troops or personnel to future peacekeeping operations. (J) Welfare Peacekeeping operations should continue to seek to maintain a minimum standard of welfare for mission personnel to ameliorate conditions of service, while adjustments are made to the discretionary welfare payments currently provided to Member States that contribute troops to offset the cost of operation-provided recreational facilities, as necessary and appropriate. 1003. Certification (a) New or expanded peacekeeping operations contingent upon presidential certification of peacekeeping operations reforms (1) No new or expanded peacekeeping operations (A) Certification Except as provided in subparagraph (B), until the Secretary of State certifies that the requirements described in paragraph (2) have been satisfied, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to oppose the creation of new, or expansion of existing, United Nations peacekeeping operations. (B) Exception and notification The requirements described under paragraph (2) may be waived with respect to a particular peacekeeping operation if the President determines that failure to deploy new or additional peacekeepers in such situation will significantly contribute to the widespread loss of human life, genocide, or the endangerment of a vital national security interest of the United States. If the President makes such a determination, the President shall, not later than 15 days before the exercise of such waiver, notify the appropriate congressional committees of such determination and resulting waiver. (2) Certification of peacekeeping operations reforms The certification referred to in paragraph (1) is a certification made by the Secretary to the appropriate congressional committees that the following reforms, or an equivalent set of reforms, related to peacekeeping operations have been adopted by the United Nations Department of Peacekeeping Operations or the General Assembly, as appropriate: (A) A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, has been adopted by the General Assembly and duly incorporated into all contracts and a Model Memorandum of Understanding, and mechanisms have been established for training such personnel concerning the requirements of the Code and enforcement of the Code. (B) All personnel, regardless of category or rank, serving in a peacekeeping operation have been trained concerning the requirements of the Code of Conduct and each has been given a personal copy of the Code, translated into the national language of such personnel. (C) All personnel, regardless of category or rank, are required to sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code, and that each understands the consequences of violating the Code, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability for victims compensation as a condition of the appointment to such operation. (D) All peacekeeping operations have designed and implemented educational outreach programs to reach local communities where peacekeeping personnel of such operations are based to explain prohibited acts on the part of United Nations peacekeeping personnel and to identify the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct. (E) The creation of a centralized database, including personnel photos, fingerprints, and biometric data, has been completed and is being maintained in the United Nations Department of Peacekeeping Operations that tracks cases of misconduct, including the outcomes of investigations and subsequent prosecutions, to ensure that personnel, regardless of category or rank, who have engaged in misconduct or other criminal activities are permanently barred from participation in future peacekeeping operations. (F) A Model Memorandum of Understanding between the United Nations and each Member State that contributes troops to a peacekeeping operation has been adopted by the United Nations Department of Peacekeeping Operations that specifically obligates each such Member State to— (i) uphold the uniform Code of Conduct which shall apply equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank; (ii) designate a competent legal authority, preferably a prosecutor with expertise in the area of sexual exploitation and abuse where appropriate, to participate in any investigation into an allegation of misconduct brought against an individual of such Member State; (iii) refer to its competent national or military authority for possible prosecution, if warranted, any investigation of a violation of the Code of Conduct or other criminal activity by an individual of such Member State; (iv) report to the Department of Field Support and the Department of Peacekeeping Operations on the outcome of any such investigation; (v) undertake to conduct on-site court martial proceedings, where practical and appropriate, relating to allegations of misconduct alleged against an individual of such Member State; and (vi) assume responsibility for the provision of appropriate assistance to a victim of misconduct committed by an individual of such Member State. (G) A professional and independent investigative and audit function has been established within the United Nations Department of Peacekeeping Operations and the Office of Internal Oversight Services to monitor United Nations peacekeeping operations.

https://www.govinfo.gov/content/pkg/BILLS-113hr3155ih/xml/BILLS-113hr3155ih.xml