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113-hr-3156

I 113th CONGRESS 1st Session H. R. 3156 IN THE HOUSE OF REPRESENTATIVES September 19, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform the Biggert-Waters Flood Insurance Reform Act of 2012 to responsibly protect homeownership. 1. Short title This Act may be cited as the Responsible Implementation of Flood Insurance Reform Act of 2013 . 2. Clarification on application of certain premium adjustments under the Biggert-Waters Flood Insurance Reform Act of 2012 (a) Clarification Section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) ) is amended— (1) by striking Notwithstanding and inserting (1) In general .—Notwithstanding ; and (2) by adding at the end the following: (2) Applicability The requirements under paragraph (1) shall only apply with respect to any property located in an area— (A) that is participating in the national flood insurance program; and (B) for which the Administrator has published in the Federal Register projected base flood elevations and designations of areas having special flood hazards under section 1363(a) on or after December 31, 2013. . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916). 3. Phase-in of actuarial rates for newly purchased homes (a) In general Section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) not subject to the phase-in requirement under paragraph (2), which are sold on or after the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, and notwithstanding the requirements of section 1307(g), shall be increased by 20 percent each year, beginning in the year after the first such sale, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described in paragraph (1). . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916). 4. Local choice to protect homeowners The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) is amended by inserting after section 1308 the following: 1308A. State and local government flexibility (a) In general The Administrator shall establish a means by which a State or local government may, on its own accord or in conjunction with other State or local governments, submit such payments to the Administrator as are necessary to fully cover the cost of any premium for any property within the jurisdiction of the State or local government. (b) Risk premium rate The Administrator shall require that the amount of any payment from a State or local government under subsection (a) be consistent with sections 1307 and 1308. . 5. Mitigation assistance for homeowners Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ) is amended by adding at the end the following: (f) Special provision relating to flood mitigation (1) Definition In this subsection, the term eligible property means— (A) a property— (i) described in paragraph (1) or (2) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) ); (ii) for which a policy under the flood insurance program has lapsed in coverage, as a result of the deliberate choice of the holder of such policy, as described in paragraph (3) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) ); or (iii) with respect to which a prospective insured refuses to accept any offer for mitigation assistance by the Administrator of the Federal Emergency Management Agency (including an offer to relocate), as described in paragraph (4) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) ); and (B) a property for which the risk premium rate for flood insurance coverage under the National Flood Insurance Program increases under section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) ) on or after July 6, 2012. (2) Mitigation against future flooding In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency shall ensure that not less than 25 percent of the estimated aggregate amount of such assistance provided to a grant recipient is used to elevate, acquire, or relocate eligible properties, to the extent that eligible properties exist within the jurisdiction of the grant recipient. . 6. Construction and restoration of flood protection systems (a) Adequate progress on construction of flood protection systems Section 1307(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) ) is amended by inserting after the second sentence the following: Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement. . (b) Communities restoring disaccredited flood protection systems Section 1307(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) ) is amended in the first sentence by striking no longer does so. and inserting the following: no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. . 7. Appropriate credit for flood control structures Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) is amended by adding at the end the following: (k) Actual protection provided by levee systems The Administrator may not issue a flood insurance rate map or an update to a flood insurance rate map for an area unless— (1) the flood insurance rate map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the accreditation status of the levee system under section 65.10 of title 44, Code of Federal Regulations, or any successor thereto; or (2) the community in which any levee system in the area is located elects not to provide the data necessary for the Administrator to issue a flood insurance rate map or update that adequately reflects the protection provided by the levee system against the base flood. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3156ih/xml/BILLS-113hr3156ih.xml

113-hr-3157

I 113th CONGRESS 1st Session H. R. 3157 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Sensenbrenner (for himself and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To ensure public access to published materials concerning scientific research and development activities funded by Federal science agencies. 1. Short title This Act may be cited as the Public Access to Public Science Act . 2. Public access policy (a) In general Each covered agency shall formulate and implement a public access policy to make covered works publicly available, without charge, on the day after the end of the embargo period, in a manner consistent with copyright law. (b) Specifications The public access policy shall— (1) allow the public to read, download, and analyze by machine covered works in digital form; (2) facilitate easy public search of, analysis of, and access to covered works; (3) encourage public-private collaboration to— (A) maximize the potential for interoperability between public and private platforms; (B) avoid unnecessary duplication of existing mechanisms; and (C) maximize the impact of the covered agency’s research investment; (4) ensure that attribution to authors, journals, and original publishers is maintained; and (5) ensure that publications and metadata are stored in an archive that— (A) provides for long-term preservation and access to full content of the covered work without charge, where appropriate, and balancing cost and public value; (B) uses a standard, widely available, and, to the extent possible, nonproprietary archival format for text and associated content, including images, video, and supporting data; (C) provides access for persons with disabilities consistent with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (D) enables integration and interoperability with other public access repositories. (c) Metadata Notwithstanding subsection (a), a covered agency’s public access policy shall ensure full public access to covered works’ metadata without charge upon first publication in a data format that ensures interoperability with current and anticipated future search technology. Where possible, the metadata shall provide a link to the location where the full text and associated supplemental materials will be made available at the end of the applicable embargo period. 3. Formulation of a public access policy (a) In general Each public access policy shall include— (1) a strategy for enabling the public to electronically locate and access publications resulting from federally funded scientific research; (2) a strategy for maintaining a repository or repositories, either within the covered agency or through an arrangement with another Federal agency or agencies or through an arrangement with a public or private entity, if consistent with the purposes of this Act, including free public access in perpetuity, interoperability, and long-term preservation, so long as the covered agency maintains an active Web link to the repository or repositories for public access; (3) a strategy for incorporating existing covered works into the repository or repositories required under paragraph (2) to the extent practicable; (4) a strategy for notifying research funding recipients of their obligations under this Act; and (5) a strategy for taking into account different funding models for scholarly publishing, including author-pays fees, in the covered agency’s grant and other funding mechanisms. (b) Coordination with stakeholders In developing its public access policy, the covered agency shall use a transparent process for soliciting views from stakeholders, including federally funded researchers, institutions of higher education, libraries, publishers, users of federally funded research results, and civil society groups. (c) Coordination with other Federal agencies In developing its public access policy, the covered agency shall collaborate and coordinate with other Federal agencies to maximize the consistency and compatibility of public access across the Federal Government. (d) Report to Congress Not later than 6 months after the date of enactment of this Act, each covered agency shall transmit a report, containing its public access policy and the mechanism described in section 6, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 4. Implementation of public access policy (a) In general Not later than 1 year after the transmission of the report required under section 3(d), each covered agency shall implement its public access policy. (b) Input The implementation of such policy, including the mechanism described in section 6, shall consider input provided by relevant stakeholders and other Federal agencies. (c) Savings provision Nothing in this Act shall affect the application of United States copyright law. 5. Periodic review (a) In general At least once every 5 years, each covered agency shall revise, as necessary, its public access policy, including the mechanism described in section 6. (b) Report to Congress Each covered agency shall transmit a report containing its public access policy and the mechanism described in section 6, as revised under subsection (a), to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after completing such revision. 6. Mechanism for modification of embargo period Each covered agency, in coordination with the stakeholders described in section 3(b), shall provide a mechanism for a stakeholder to petition to change the embargo period under this section for specific covered works by presenting evidence that the public interest will be substantially and uniquely harmed under a covered agency’s public access policy related to such work. If a covered agency determines that the public interest will be substantially and uniquely harmed upon reviewing the petition, the covered agency may change the embargo period by no more than 6 months at a time from its current embargo period. 7. Definitions For the purposes of this Act— (1) the term covered agency means— (A) the National Aeronautics and Space Administration; (B) the National Science Foundation; (C) the National Institute of Standards and Technology; and (D) the National Weather Service. (2) the term covered work means any peer-reviewed research results published in scholarly publications that are based on research funded in whole or in part by a covered agency, but such term does not include— (A) research progress reports presented at professional meetings or conferences; (B) laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce final manuscripts; (C) classified research; or (D) work not submitted to a peer-reviewed publication or work that is rejected by a peer-reviewed publication; and (3) the term embargo period means the period of time no more than 12 months after the initial date of publication of a covered work, unless modified under section 6.

https://www.govinfo.gov/content/pkg/BILLS-113hr3157ih/xml/BILLS-113hr3157ih.xml

113-hr-3158

I 113th CONGRESS 1st Session H. R. 3158 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Payne (for himself and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to require recipients of State Homeland Security Grant Program funding to promote preparedness and planning for manmade and natural disasters at educational institutions, and for other purposes. 1. Short title This Act may be cited as the Secure America for Education in Our Schools Act or the SAFE in Our Schools Act . 2. Minimum contents of application for certain Homeland Security grant funds Section 2004(b)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 605(b)(2) ) is amended by redesignating subparagraphs (B) and (C) as paragraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following: (B) a certification that— (i) the State requires each institution of education for kindergarten through twelfth grade to develop an emergency response plan that includes provisions for— (I) evacuation relocation; (II) family-child reunification; (III) children with special needs; and (IV) addressing multiple disasters; and (ii) the State has adopted a strategy to ensure that each such institution develops a plan in accordance with clause (i) by the beginning of the academic year for 2015 or September 1, 2015, whichever is earlier; .

https://www.govinfo.gov/content/pkg/BILLS-113hr3158ih/xml/BILLS-113hr3158ih.xml

113-hr-3159

I 113th CONGRESS 1st Session H. R. 3159 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Schiff (for himself and Mr. Carney ) 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 provide for the appointment of a public interest advocate in matters involving a significant legal interpretation or construction of the Foreign Intelligence Surveillance Act of 1978, and for other purposes. 1. Short title This Act may be cited as the Ensuring Adversarial Process in the FISA Court Act . 2. Public interest advocates for proceedings under the Foreign Intelligence Surveillance Act of 1978 (a) Appointment by Privacy and Civil Liberties Oversight Board (1) In general Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(d) ) is amended by adding at the end the following new paragraph: (5) Appointment of public interest advocates (A) Appointment The Board shall appoint attorneys to serve as public interest advocates in proceedings before the Foreign Intelligence Surveillance Court, a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review, and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (B) Requirements In making appointments under subparagraph (A), the Board shall— (i) consult with the Attorney General; (ii) appoint attorneys with expertise and experience in cases involving privacy and civil liberties who are not employees of the Federal Government; (iii) consider candidates with demonstrated expertise in and commitment to constitutional and legal protections for privacy and civil liberties; (iv) consider the availability of candidates to appear before the Foreign Intelligence Surveillance Court, a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review, or the Supreme Court in urgent matters; (v) consider the ability of candidates to obtain and maintain an appropriate security clearance to participate fully in matters before the Foreign Intelligence Surveillance Court, a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review, and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ); and (vi) provide notice to the Attorney General and the presiding judge of the Foreign Intelligence Surveillance Court of all appointments under subparagraph (A). (C) Duties Attorneys appointed under subparagraph (A) shall carry out the duties of the public interest advocate as described in subsection (i) of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ). (D) Technical experts (i) Appointment The Board shall appoint technical and subject-matter experts, not employed by the Federal Government, to be available to assist public interest advocates in performing the duties of such advocates under this paragraph. (ii) Qualifications In making appointments under clause (i), the Board shall consider individuals with expertise in technical issues likely to arise in cases relating to the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), including computer networks, telecommunications, encryption, and cybersecurity. (E) Compensation The Attorney General shall, from funds made available to the Department of Justice, compensate each attorney appointed under subparagraph (A) at the daily equivalent of the annual rate of basic pay for level III of the Executive Schedule for each day (including travel time) during which such attorney is engaged in the actual performance of duties under subsection (i) of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ). (F) Travel expenses The Attorney General shall, from funds made available to the Department of Justice, provide each attorney appointed under subparagraph (A) with travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (G) Security clearances The President shall ensure that attorneys appointed under subparagraph (A) and technical and subject-matter experts appointed under subparagraph (D)(i) are expeditiously provided appropriate security clearances to carry out the duties of the attorneys to the extent possible under the appropriate procedures and requirements and provided that such attorneys meet the criteria for receiving such security clearances. (H) Definitions In this paragraph: (i) Foreign Intelligence Surveillance Court The term Foreign Intelligence Surveillance Court means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) ). (ii) Foreign Intelligence Surveillance Court of Review The term Foreign Intelligence Surveillance Court of Review means the court established under section 103(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(b) ). (iii) Petition review pool The term petition review pool means the petition review pool established under section 103(e) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(e) ). . (2) Initial appointment Not later than 180 days after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board shall appoint at least one attorney to serve as a public interest advocate under paragraph (5) of section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(d) ), as added by subsection (a) of this section. (b) Appointment by Foreign Intelligence Surveillance Court Section 103 of the Foreign Intelligence Surveillance Court of 1978 ( 50 U.S.C. 1803 ) is amended by adding at the end the following new subsection: (i) (1) In any matter before a covered court involving a significant interpretation or construction of a provision of this Act, including any novel legal, factual, or technological issue or an issue relating to the Fourth Amendment to the Constitution of the United States, the court shall appoint one or more public interest advocates appointed under paragraph (5) of section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(d) ) to represent the privacy and civil liberties interests of the people of the United States in the matter before the court. (2) A court that appoints a public interest advocate for a matter before the court under paragraph (1) shall— (A) provide notice to the Attorney General and the Privacy and Civil Liberties Oversight Board of the appointment; and (B) provide the Privacy and Civil Liberties Oversight Board with a summary of the issues in such matter that warranted such appointment. (3) A public interest advocate appointed under paragraph (1)— (A) shall participate fully in the matter before the court for which such public interest advocate was appointed with the same rights and privileges as the Federal Government; (B) shall represent the interests of the people of the United States in preserving privacy and civil liberties in such matter, including with respect to the impact of such matter on the rights of the people of the United States under the Fourth Amendment to the Constitution of the United States; (C) shall have access to all relevant evidence in such matter and may petition the court to order the Federal Government to produce documents, materials, or other evidence necessary to perform the duties of the public interest advocate; (D) may file timely motions and briefs, in accordance with the procedures of the court, and shall be given the opportunity by the court to respond to motions or filings made by the Federal Government in accordance with such procedures; and (E) may request a rehearing or en banc consideration of a decision of the court. (4) (A) In matters before the court established under subsection (a) in which a public interest advocate has been appointed and the court believes the case involves a question of law in which there is substantial ground for difference of opinion, the court may by certification at any time, including following the rendering of a final judgment, request review by the court established under subsection (b). (B) In matters before the court established under subsection (b) in which a public interest advocate has been appointed and the court believes the case involves a question of law in which there is substantial ground for difference of opinion, the court may by certification at any time, including following the rendering of a final judgment, request review by the Supreme Court. (C) In any matter in which a court makes a certification for review of any ruling or question of law as provided in subparagraph (A) and (B), the United States and the public interest advocate shall be given opportunity to provide written briefs or arguments related to the decision by the court established under subsection (b) or the Supreme Court to review a ruling. (5) A covered court may, sua sponte and upon a finding that the court would benefit from additional views, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before such court. Such court may issue appropriate orders to facilitate the participation of amicus curiae. (6) The Attorney General shall ensure that each public interest advocate appointed under paragraph (1) for a matter before a covered court has access to office space and materials necessary to fully participate in such matter, including, as necessary, access to appropriately secured computers, communication devices, and facilities. (7) In this subsection, the term covered court means the court established under subsection (a), the court established under subsection (b), a judge of the petition review pool established under subsection (e), or the Supreme Court. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3159ih/xml/BILLS-113hr3159ih.xml

113-hr-3160

I 113th CONGRESS 1st Session H. R. 3160 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Collins of New York introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce the annual rate of pay of Members of Congress if a Government shutdown occurs during a year, and for other purposes. 1. Short title This Act may be cited as the Government Shutdown Fairness Act . 2. Requiring reduction of pay of Members of Congress if Government shutdown occurs (a) Reduction of Pay for Each Day of Government Shutdown If on any day during a year a Government shutdown is in effect, the annual rate of pay applicable under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) with respect to each Member of Congress for the year shall be reduced by an amount equal to the product of— (1) an amount equal to one day’s worth of pay under such annual rate; and (2) the number of 24-hour periods during which the Government shutdown is in effect. (b) Effective date This section shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2014. 3. Special rule for one hundred thirteenth congress (a) Holding Salaries in Escrow If on any day during the One Hundred Thirteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall— (1) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (A) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ); and (B) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Release of amounts at end of the congress In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the Twenty-Seventh Amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (c) Role of secretary of the treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Payroll administrator defined In this section, the payroll administrator of a House of Congress means— (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (e) Exception for Days Occurring After General Election This section does not apply with respect to any day during the One Hundred Thirteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2014. 4. Determination of Government shutdown For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. 5. Member of Congress defined In this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3160ih/xml/BILLS-113hr3160ih.xml

113-hr-3161

I 113th CONGRESS 1st Session H. R. 3161 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Forbes introduced the following bill; which was referred to the Committee on Ways and Means A BILL To protect the Social Security and Medicare trust funds from the public debt limit. 1. Protection of the Social Security and Medicare Trust Funds from the public debt limit (a) Protection of Trust Funds Notwithstanding any other provision of law— (1) no officer or employee of the United States may— (A) delay the deposit of any amount into (or delay the credit of any amount to) the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or the Federal Hospital Insurance Trust Fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in either of such Trust Funds, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations; and (2) no officer or employee of the United States may disinvest amounts in either of such Trust Funds which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of benefits and expenditures for administrative expenses (1) In general Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or the Federal Hospital Insurance Trust Fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Trust Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of such Trust Fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt For purposes of undertaking the sale or redemption of public debt obligations held by the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or the Federal Hospital Insurance Trust Fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public debt obligation For purposes of this section, the term public debt obligation means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr3161ih/xml/BILLS-113hr3161ih.xml

113-hr-3162

I 113th CONGRESS 1st Session H. R. 3162 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Black Lung Benefits Act to provide equity for certain eligible survivors, and for other purposes. 1. Equity for certain eligible survivors (a) Rebuttable presumption Section 411(c)(4) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(4) ) is amended by striking the last sentence. (b) Continuation of benefits Section 422(l) of the Black Lung Benefits Act ( 30 U.S.C. 932(l) ) is amended by striking , except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981 . (c) Applicability The amendments made by this section shall apply with respect to claims filed under part B or part C of the Black Lung Benefits Act ( 30 U.S.C. 921 et seq. , 931 et seq.) after January 1, 2005, that were pending on or after March 23, 2010. 2. Effective date The amendments made by this Act shall take effect on the date of enactment of any Act that repeals section 1556 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3162ih/xml/BILLS-113hr3162ih.xml

113-hr-3163

I 113th CONGRESS 1st Session H. R. 3163 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Grijalva (for himself, Mr. Vela , and Mr. Gene Green of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Homeland Security , Armed Services , Foreign Affairs , Natural Resources , Ways and Means , Education and the Workforce , Oversight and Government Reform , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for comprehensive immigration reform, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2013 , the Comprehensive Immigration Reform ASAP Act of 2013 , or as the CIR ASAP Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Reference to the Immigration and Nationality Act . Sec. 4. Definitions. Sec. 5. Severability. Title I—Border Security and Enforcement Sec. 101. Sense of Congress. Subtitle A—Border Security Sec. 111. National Strategy for Border Security. Sec. 112. Increase in number of Customs and Border Protection Officers. Sec. 113. Improving ports of entry for border security and other purposes. Sec. 114. Inventory of personnel. Sec. 115. Standards of professional conduct. Sec. 116. Inventory of assets. Sec. 117. Customs border patrol and border protection assets. Sec. 118. Technological assets. Sec. 119. Secure communication. Sec. 120. Surveillance plan. Sec. 121. Surveillance technologies programs. Sec. 122. Border security searches of electronic devices. Sec. 123. Border relief grant program. Sec. 124. Northern and Southern border drug prosecution initiative. Sec. 125. Operation Streamline prosecution initiative. Sec. 126. Project Gunrunner. Sec. 127. Operation Armas Cruzadas. Sec. 128. Combating human smuggling. Sec. 129. Report on deaths and strategy study. Sec. 130. United States-Mexico Border Enforcement Commission. Sec. 131. Prohibition on military involvement in nonemergency border enforcement. Sec. 132. Definitions. Sec. 133. Border protection strategy. Sec. 134. Actions to further secure operational control of the international land borders of the United States. Sec. 135. Borderlands monitoring and mitigation. Sec. 136. Border Communities Liaison Office. Sec. 137. Office of Civil Rights and Civil Liberties and Office of Inspector General. Sec. 138. Improving ports of entry for border security and other purposes. Sec. 139. Ports of entry. Sec. 140. Ports of entry infrastructure and operations assessment study. Sec. 141. National Land Border Ports of Entry Security Plan. Sec. 142. Ports of entry technology demonstration program. Sec. 143. Reports on improving the exchange of information on North American security. Sec. 144. Southern Border Security Task Force. Sec. 145. Cooperation with the Government of Mexico. Sec. 146. Enhanced international cooperation. Sec. 147. Expansion of commerce security programs. Sec. 148. Authorization of appropriations. Subtitle B—Detention Sec. 151. Definitions. Sec. 152. Detention conditions. Sec. 153. Specific detention requirements for short-term detention facilities. Sec. 154. Rulemaking and enforcement. Sec. 155. Immigration Detention Commission. Sec. 156. Death in custody reporting requirement. Sec. 157. Protection of community-based organizations, faith-based organizations and other institutions. Sec. 158. Apprehension procedures for immigration-related enforcement activities. Sec. 159. Protections against unlawful detentions of United States citizens. Sec. 160. Basic protections for vulnerable populations. Sec. 161. Report on protections for vulnerable populations impacted by immigration enforcement activities. Sec. 162. Family Detention and Unity Protections. Sec. 163. Apprehension procedures for families and parents. Sec. 164. Child welfare services for children separated from parents detained or removed from the United States for immigration violations. Sec. 165. Vulnerable population and child welfare training for immigration enforcement officers. Sec. 166. Access for parents, legal guardians, and, primary caregiver relatives. Sec. 167. Enhanced protections for vulnerable unaccompanied alien children and female detainees. Sec. 168. Preventing unnecessary detention of refugees. Sec. 169. Reports on protections from unlawful detention. Sec. 170. Rulemaking. Subtitle C—Enforcement Sec. 181. Labor enforcement. Sec. 182. Mandatory address reporting requirements. Sec. 183. Preemption of State and local law. Sec. 184. Delegation of immigration authority. Sec. 185. Immigration and Customs Enforcement Ombudsman. Sec. 186. Eliminating arbitrary bar to asylum. Sec. 187. Restoration of judicial review. Title II—Employment Verification Sec. 201. Employment verification. Sec. 202. Parity with Civil Rights Act of 1964. Sec. 203. Amendments to the Social Security Act. Title III—Visa Reforms Sec. 301. Elimination of existing backlogs. Sec. 302. Reclassification of spouses and minor children of legal permanent residents as immediate relatives. Sec. 303. Country limits. Sec. 304. Promoting family unity. Sec. 305. Surviving relatives. Sec. 306. Extension of waiver authority. Sec. 307. Discretionary waiver for long-term lawful permanent residents. Sec. 308. Continuous presence. Sec. 309. Bar on the removal of certain refugees, parolees or asylees. Sec. 310. Exemption from immigrant visa limit for certain veterans who are natives of Philippines. Sec. 311. Fiancée or fiancé child status protection. Sec. 312. Equal treatment for all stepchildren. Sec. 313. Sons and daughters of Filipino World War II veterans. Sec. 314. Determinations under the Haitian Refugee Immigration Fairness Act of 1998. Sec. 315. Discretionary authority. Sec. 316. Affidavit of support. Sec. 317. Visa to prevent unauthorized migration. Sec. 318. Adjustment of status. Sec. 319. Rulemaking. Sec. 320. United States-educated immigrants. Sec. 321. Retaining workers subject to green card backlog. Sec. 322. Return of talent program. Title IV—Earned Legalization of Undocumented Individuals Subtitle A—Conditional Nonimmigrants Sec. 401. Conditional nonimmigrants. Sec. 402. Adjustment of status for conditional nonimmigrants. Sec. 403. Administrative and judicial review. Sec. 404. Mandatory disclosure of information. Sec. 405. Penalties for false statements in applications. Sec. 406. Aliens not subject to direct numerical limitations. Sec. 407. Employer protections. Sec. 408. Limitations on eligibility. Sec. 409. Rulemaking. Sec. 410. Correction of Social Security records. Sec. 411. Restoration of State option to determine residency for purposes of higher education benefits. Sec. 412. Authorization of appropriations. Subtitle B—Agricultural Job Opportunities, Benefits, and Security Chapter 1—Title and Definitions Sec. 421. Short title. Sec. 422. Definitions. Chapter 2—Pilot Program for Earned Status Adjustment of Agricultural Workers Subchapter A—Blue card status Sec. 431. Requirements for blue card status. Sec. 432. Treatment of aliens granted blue card status. Sec. 433. Adjustment to permanent residence. Sec. 434. Applications. Sec. 435. Waiver of numerical limitations and certain grounds for inadmissibility. Sec. 436. Administrative and judicial review. Sec. 437. Use of information. Sec. 438. Regulations, effective date, authorization of appropriations. Subchapter B—Correction of Social Security Records Sec. 441. Correction of Social Security records. Chapter 3—Reform of H–2A worker program Sec. 451. Amendments to the Immigration and Nationality Act . Chapter 4—Miscellaneous provisions Sec. 461. Determination and use of user fees. Sec. 462. Regulations. Sec. 463. Reports to Congress. Sec. 464. Effective date. Title V—Strengthening the U.S. Economy and Workforce Subtitle A—Immigration and Labor Chapter 1—Immigration and labor markets Sec. 501. Commission on Immigration and Labor Markets. Sec. 502. Security and prosperity account. Sec. 503. American recruit and match system. Chapter 2—Protection of workers recruited abroad Sec. 511. Protections for workers recruited abroad. Sec. 512. Enforcement provisions. Sec. 513. Procedures in addition to other rights of employees. Sec. 514. Authority to prescribe regulations. Sec. 515. Definitions. Chapter 3—Technical correction Sec. 521. Technical correction. Subtitle B—Reforms of certain classes of employment-Based visas Chapter 1—H–1B visa fraud and abuse protections Subchapter A—H–1B Employer Application Requirements Sec. 531. Modification of application requirements. Sec. 532. New application requirements. Sec. 533. Application review requirements. Subchapter B—Investigation and Disposition of Complaints against H–1B Sec. 541. General modification of procedures for investigation and disposition. Sec. 542. Investigation, working conditions, and penalties. Sec. 543. Waiver requirements. Sec. 544. Initiation of investigations. Sec. 545. Information sharing. Sec. 546. Conforming amendment. Subchapter C—Other H–1B provisions Sec. 551. Posting available H–1B positions through the Department of Labor. Sec. 552. H–1B government authority and requirements. Sec. 553. Additional Department of Labor employees. Chapter 2—L–1 nonimmigrants Sec. 561. Prohibition on outplacement of L–1 nonimmigrants. Sec. 562. L–1 employer petition requirements for employment at new offices. Sec. 563. Cooperation with Secretary of State. Sec. 564. Investigation and disposition of complaints against L–1 employers. Sec. 565. Wage rate and working conditions for L–1 nonimmigrant. Sec. 566. Penalties. Sec. 567. Prohibition on retaliation against L–1 nonimmigrants. Sec. 568. Technical amendments. Sec. 569. Reports on L–1 nonimmigrants. Sec. 570. Application. Sec. 571. Report on L–1 blanket petition process. Sec. 572. Requirements for information for H–1B and L–1 nonimmigrants. Chapter 3—Protection of H–2B nonimmigrants Sec. 581. Enforcement of Federal labor laws relating to H–2B nonagricultural guest workers. Sec. 582. Recruitment of United States workers. Sec. 583. Prevailing wages for United States workers and H–2B workers. Sec. 584. Certification requirement. Sec. 585. Protections for workers. Sec. 586. Petitions by employers that have signed labor agreements with unions that operate hiring halls. Sec. 587. H–2B nonimmigrant labor certification application fees. Chapter 4—Adjustments to the EB–5 visa program Sec. 591. Permanent reauthorization of EB–5 regional center program; application fee. Sec. 592. Premium processing fee for EB–5 immigrant investors. Sec. 593. Concurrent filing of EB–5 petitions and applications for adjustment of status. Sec. 594. Improved set-aside for targeted employment areas. Sec. 595. Set-aside of visas for regional center program. Sec. 596. Extension. Sec. 597. Study. Sec. 598. Full-time equivalents. Sec. 599. Eligibility for adjustment of status. Sec. 599A. Expansion of EB–5 eligibility to include qualified immigrants who complete investment agreements. Chapter 5—Effective date Sec. 599B. Application. Title VI—Integration of New Americans Subtitle A—Citizenship Promotion Sec. 601. Immigration service fees. Sec. 602. Administration of tests for naturalization; fulfillment by elderly persons of requirement for naturalization relating to knowledge of English language. Sec. 603. Voluntary electronic filing of applications. Sec. 604. Timely background checks. Sec. 605. National citizenship promotion program. Sec. 606. Effective date. Subtitle B—Miscellaneous Sec. 611. Grants to support public education and community training. Sec. 612. Grant program to assist applicants for naturalization. Sec. 613. Naturalization for certain U.S. high school graduates. Sec. 614. Family integration. Sec. 615. Consideration for domestic resettlement of refugees. Sec. 616. Credits for teachers of English language learners. Sec. 617. Credits for employer-provided adult English literacy and basic education programs. Sec. 618. Grants to States to form New American Councils. Sec. 619. Independence Day ceremonies for oaths of allegiance. 2. Findings Congress makes the following findings: (1) Federal immigration laws must uphold America’s long history of being a Nation of immigrants from every continent in the world, and reaffirm our Nation’s commitment to strong and united families, civil rights, economic opportunity and diversity. (2) The Government of the United States should reduce the deficit by ensuring that all individuals and employers pay their fair share of taxes and contribute equally to the prosperity of our great Nation. (3) The Government of the United States has an obligation to ensure the labor rights of all workers in our country, and end the driving down of wages and workplace standards that exists today due to our broken immigration system. Unscrupulous employers should not be able to profit off of the backs of a workforce with no voice in the workplace or civic society. (4) The Government of the United States also has an obligation to ensure the growth and vitality of honest American businesses that are playing by the rules and fueling our economic recovery. (5) The labor and immigration policies of the United States Government should be modernized to reflect the current needs of American workers and the American economy. (6) The Government of the United States cannot effectively carry out its national security policies unless it requires undocumented immigrants to come forward and participate fully in our communities and legally in the economy of the United States, so that enforcement efforts are concentrated on the truly bad actors. (7) Elimination of America’s immigrant workforce is not an effective or honest solution to Americas economic crisis. We need a solution that levels the playing field and promotes equal rights for all. (8) Dividing American families in not a moral or just solution to the broken immigration system. We need policies that treat all families equally and keep them together, to support each other and build strong communities. (9) Flawed immigration laws and persistent unequal administration of justice at the local level, based on race or national origin, has undermined effective community policing by discouraging the reporting of crime and cooperation with prosecutors in immigrant communities, due to well-founded fears of immigration enforcement action against them. This puts entire communities at risk and undermines public safety for all. (10) The Government of the United States should ensure that racial profiling and unequal administration of the law based on race or national origin is not permitted by any agency of Federal, State or local government bodies. (11) Our Government should ensure that our Nation’s borders are secure by investing in effective strategies, eliminating the millions of dollars currently being allocated to ineffective ones, and by requiring consultation with State and local communities on both the northern and southern borders before implementing new border enforcement strategies. (12) Foreign governments, particularly those that share an international border with the United States, must play a critical role in securing international borders and deterring illegal entry of foreign nationals into the United States. (13) The Government of the United States has an obligation to reaffirm its commitment to effective immigrant integration by supporting the teaching and promoting the learning of English. (14) Comprehensive immigration reform and strong enforcement of immigration laws will encourage legal immigration, deter illegal immigration, and promote the economic and national security interests of the United States. 3. Reference to the Immigration and Nationality Act Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). 4. Definitions In this Act: (1) Department Except as otherwise provided, the term Department means the Department of Homeland Security. (2) Secretary Except as otherwise provided, the term Secretary means the Secretary of Homeland Security. 5. Severability If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected by such holding. I Border Security and Enforcement 101. Sense of Congress It is the sense of Congress that— (1) the Secretary of Homeland Security should establish a national strategic plan for short-term and long-term border security with improved accountability and transparency in agency functions; (2) the Secretary’s border security priorities must support and strengthen the significant advances in operational control of the border; (3) the Secretary must secure our Nation’s ports of entry and facilitate the flow of commerce and travel; (4) the ports of entry to the United States require additional assets, personnel, infrastructure and improvements in technology; (5) although States along the Southern and Northern borders play a unique role in supporting the Federal Government, border security and enforcement of the immigration laws are the responsibility of the Federal Government; (6) combating human smuggling, arms trafficking and drug trafficking are essential to border security; (7) protecting the economic and civic vitality of the border region is central to border security; and (8) effective border security depends on sustained international cooperation. A Border Security 111. National Strategy for Border Security (a) Requirement for strategy The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to maintain operational control over all ports of entry into the United States and the international land and maritime borders of the United States. (b) Content The National Strategy for Border Security shall include the following: (1) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States. (2) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken— (A) to prevent the entry of terrorists, unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and (B) to protect critical infrastructure at or near such ports of entry or borders. (3) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities to include— (A) a comprehensive assessment of risks in terms of cost, probability, and threats to society and risk prevention and response measures currently taken and potentially taken relative to that assessment of risks; (B) prevention efforts and response measures to address such risks, whether already underway or planned; and (C) recommendations on realignment of programs, locations, and resources to best address the comprehensive assessment of risks. (4) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. (5) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (6) An assessment of existing programs, activities and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, family unity, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations. (7) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (8) A description of ways to ensure that the free flow of legitimate travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States. (9) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy. (10) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the National Strategy for Border Security, the Secretary shall consult with representatives of— (1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border management. (d) Coordination The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress (1) Strategy Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security. (2) Updates The Secretary shall submit to Congress any change of such Strategy that the Secretary determines is necessary, not later than 30 days after such determination. (f) Immediate action Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to maintain and enhance operational control of the international land and maritime borders of the United States. 112. Increase in number of Customs and Border Protection Officers (a) Customs and Border Protection Officers During the 5-year period between fiscal years 2014 and 2018, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than 5,000 the total number of full-time, active-duty Customs and Border Protection Officers within United States Customs and Border Protection for posting at United States ports of entry above the number of such officers for which funds were made available during fiscal year 2013. (b) Agriculture specialists During the 5-year period between fiscal years 2014 and 2018, the Secretary of Homeland Security shall, subject to the availability of appropriations for such border security purposes, increase by not fewer than a total of 1,200 the number of full-time Customs and Border Protection agriculture specialists for United States ports of entry above the number of such support personnel for which funds were made available during fiscal year 2013. (c) Border security support personnel During the 5-year period between fiscal years 2014 and 2018, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not fewer than a total of 350 the number of full-time border security support personnel for United States ports of entry above the number of such support personnel for which funds were made available during fiscal year 2013. 113. Improving ports of entry for border security and other purposes (a) In general There are authorized to be appropriated to the Administrator of the General Services Administration $1,000,000,000 for each of fiscal years 2014 through 2018 to make improvements to existing ports of entry in the United States to improve border security and for other purposes. (b) Priority In making improvements described in subsection (a), the Administrator of the General Services Administration, in coordination with the Commissioner of Customs and Border Protection, shall give priority to the ports of entry that the Administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section 603 of title VI, division E, of the Consolidated Appropriations Act of 2008 ( Public Law 101–161 ). 114. Inventory of personnel (a) Inventory The Secretary shall identify and inventory the current personnel or other human resources dedicated to border security and enforcement prior to any increase in personnel or other human resources. (b) Report The Secretary shall submit the inventory required in subsection (a) to the following congressional committees, 90 days after the enactment of this Act— (1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; (2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; and (3) the Committee on Oversight and Government Reform of the House of Representatives. 115. Standards of professional conduct (a) Establishment of standards Not more than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish clear standards of professional conduct for interaction with the public, for all Customs and Border Protection agents, U.S. Border Patrol agents, Immigration and Customs Enforcement agents, and Agricultural Inspectors stationed within 100 miles of all land and marine borders and at ports of entry. (b) Purpose These standards of professional conduct will provide agents with a better understanding of the prohibitions and limitations pertaining to their conduct and activities while representing the Department of Homeland Security. These standards are intended to— (1) alert agents to some of the more sensitive and often problematic matters involved in agent conduct; (2) specify, where possible, actions and inactions that are contrary to and that conflict with the duties and responsibilities of Department of Homeland security agents; and (3) guide agents in conducting themselves in a manner that reflects standards of deportment and professionalism. (c) Standards Department of Homeland Security agents stationed within 100 miles of all land and marine borders and at ports of entry— (1) shall not violate any law or any agency policy, rule, or procedure; (2) shall obey all lawful orders; (3) shall not engage in any conduct or activities on- or off-duty that reflect discredit on the agents, tend to bring the agency into disrepute, or impair its efficient and effective operation; (4) shall conduct themselves toward the public in a civil and professional manner that connotes a service orientation and that will foster public respect and cooperation; (5) shall treat violators, or perceived violators, with respect and courtesy, guard against employing an officious or overbearing attitude or language that may belittle, ridicule, or intimidate the individual, or act in a manner that unnecessarily delays the performance of their duty; (6) while recognizing the need to demonstrate authority and control over suspects and detainees, agents shall adhere to this agency’s use-of-force policy and shall observe the civil rights and protect the well-being of those in their charge; and (7) shall not use their agency powers to resolve personal grievances (e.g., those involving the officer, family members, relatives, or friends) with individuals. In cases where there is personal involvement with a member of the public that would reasonably require law enforcement intervention, agents shall summon other on-duty personnel and a supervisor. (d) Oversight and evaluation The Department of Homeland Security shall develop and implement a plan that applies the aforementioned standards in officer evaluation and supervisor evaluation. This plan shall include the following provisions to ensure responsibility and protect civil rights: (1) Adherence to the standards of professional conduct shall be a central criterion in the change from probationary to journeyman status, as well as periodic evaluations and promotions of officers. (2) Managers and senior officers will be held responsible for— (A) performance according to these standards; (B) assessments of subordinates according to these standards; and (C) performance of their subordinates on these standards, with meaningful penalties to supervisors for failures of subordinates to adhere to such standards. (3) The Department shall establish strong penalties for failures to follow the standards of professional conduct that were unaddressed until exposed by complaint processes or Inspector General investigations. However, organizational peers and superiors who uncover and act on failures or abuses shall be exempt from such penalties. (4) Agents should not be indemnified when it is determined that a violation of civil rights standards occurred. (e) Exception The standards of conduct set forth in this section are not intended to serve as an exhaustive treatment of requirements, limitations, or prohibitions on agent conduct and activities established by the Secretary of Homeland Security. (f) Notice The standards of conduct established under this section shall be posted at all ports of entry in locations easily viewed by members of the public. (g) Complaints Not more than 180 days after enactment, the Secretary shall, in consultation with the Office of Civil Rights and Civil Liberties, establish a uniform and standardized process for the public regarding complaints against all Customs and Border Protection agents, U.S. Border Patrol agents, and Agricultural Inspectors for violations of standards of professional conduct. The complaint process shall— (1) quickly review, effectively investigate, meaningfully resolve complaints and identify patterns of abuse or malfeasance and be accessible, transparent, consistent, effective, and fair; (2) apply uniformly to all Border Patrol Sectors and Ports of Entry; (3) specify to whom, how, and where complaints are to be filed; (4) be visible to the public at all ports of entry and interior checkpoints, and be accessible in multiple languages; (5) receive staff and funding commensurate with the quantity of complaints submitted and with the funding disbursed to Department enforcement initiatives; (6) establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution; and (7) provide publicly accessible records, with copies of complaints and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities. (h) Complainants The following shall apply to all complainants: (1) Any interested party may file a complaint through the complaint procedure, including a legal representative. (2) Complainants shall be protected from retaliatory action by law enforcement. (3) No officer of the U.S. may use the information from a complaint to initiate removal proceedings or removals against any person filing a complaint or identified in the complaint, nor remove any individual involved in a complaint while the complaint is pending. (4) There shall be no publication of information to related to an individual involved in a complaint which would result in identification of the individual. (5) Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions. (i) Reporting The Secretary shall report annually to the following Congressional Committees on the number and type of complaints received in each sector, demographic of complainants, results of investigations including violations of standards and any disciplinary actions taken, and identifying any complaint patterns that could be prevented or reduced by policy or practice changes— (1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; (2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; and (3) the Committee on Oversight and Government Reform of the House of Representatives. 116. Inventory of assets (a) Inventory The Secretary shall identify and inventory the current assets, equipment, supplies, or other physical resources dedicated to border security and enforcement prior to any increase in assets, equipment, supplies or other physical resources. (b) Report The Secretary shall submit the inventory required in subsection (a) to the following congressional committees, 90 days from the enactment of this Act— (1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; (2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; and (3) the Committee on Oversight and Government Reform of the House of Representatives. 117. Customs border patrol and border protection assets (a) Personal equipment (1) Body armor The Secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Each agent shall be permitted to select from among a variety of approved brands and styles. Agents shall be strongly encouraged, but not required, to wear such body armor whenever practicable. All body armor shall be replaced not less often than once every five years. (2) Weapons The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face. (3) Uniforms The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly. (b) Helicopters and power boats (1) Helicopters The Secretary shall conduct a review of asset needs, and if determined to be insufficient, shall increase the number of helicopters under the control of the Border Patrol. The Secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed. (2) Power boats The Secretary shall conduct a review of asset needs and if determined to be insufficient, shall increase the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (3) Use and training The Secretary shall— (A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and (B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations. (c) Motor vehicles (1) Quantity The Secretary shall conduct a review of asset needs and if determined to be insufficient, establish a fleet of motor vehicles appropriate for use by the Border Patrol. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol. (2) Features All motor vehicles purchased for the Border Patrol shall— (A) be appropriate for the mission of the Border Patrol; and (B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. (d) Electronic equipment (1) Portable computers The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol. (2) Radio equipment The Secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. (3) Handheld global positioning system devices The Secretary shall ensure that each Border Patrol agent who is determined by the Secretary to need a handheld global positioning device to effectively and safely carry out his or her duties is issued a state-of-the-art handheld global positioning system device for navigational purposes. (4) Night vision equipment The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. (e) Appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2015 through 2019 to carry out this section. 118. Technological assets (a) Increased availability of equipment The Secretary and the Secretary of Defense shall analyze use of authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, and whether to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to deter criminal activity and terrorist threats. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that contains (1) an analysis of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment; (2) an analysis of projected future use of Department of Defense equipment to assist such surveillance activities, including any increases; (3) an analysis of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the one-year period beginning on the date of the submission of the report; (4) an analysis of costs and cost-effectiveness related to any increase in the availability and use of Department of Defense equipment; and (5) an analysis of projected schedules for implementation. (c) Construction Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code. (d) Authorization of Appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2015 through 2019 to carry out this section. 119. Secure communication The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities— (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; (3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; and (4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies. 120. Surveillance plan (a) Requirement for plan The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States. (b) Content The plan required by subsection (a) shall include the following: (1) An assessment of existing technologies employed on the international land and maritime borders of the United States. (2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of enactment of this Act. (3) A description of how the Commissioner of the United States Customs and Border Protection is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology. (4) A description of the specific surveillance technology to be deployed. (5) Identification of any obstacles that may impede such deployment. (6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies. (7) A description of how the Secretary is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles. (8) A description of the demonstration program to fully integrate and utilize aerial surveillance technologies developed pursuant to section 121(a). (9) A description of the Integrated and Automated Surveillance demonstration program established pursuant to section 121(b). (c) Submission to Congress Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the plan required by this section. 121. Surveillance technologies programs (a) Aerial surveillance demonstration program (1) In general In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop a demonstration program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. (2) Assessment and consultation requirements In developing the program under this subsection, the Secretary shall— (A) consider current and proposed aerial surveillance technologies; (B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats, cost-effectiveness, reliability, and minimal impact on border residential areas; (C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; (D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program; and (E) conduct a privacy impact assessment with the Officer for Civil Rights and Civil Liberties with the Department that includes recommendations with respect to ensuring the civil liberties and civil rights of individuals in surrounding communities. (3) Additional requirements (A) In general The demonstration program developed under this subsection may include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances— (i) the significance of previous experiences with such technologies in border security or critical infrastructure protection; (ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; and (iii) liability, safety, and privacy concerns relating to the utilization of such technologies for border security. (4) Continued use of aerial surveillance technologies The Secretary may continue the operation of aerial surveillance technologies while developing the demonstration program and assessing the effectiveness of the utilization of such technologies. (5) Report to congress Not later than 180 days after developing the demonstration program under this subsection, the Secretary shall submit to Congress a report regarding such program. The Secretary shall include in the report a description of such program together with any recommendations that the Secretary finds appropriate for implementing or terminating the program. (b) Integrated and automated surveillance demonstration program (1) Requirement for program Subject to the availability of appropriations, the Secretary shall establish a demonstration program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to enhance operational control of the international borders of the United States. Such program shall be known as the Integrated and Automated Surveillance Demonstration Program. (2) Program components The Secretary shall ensure, to the maximum extent feasible, that— (A) the technologies utilized in the Integrated and Automated Surveillance Demonstration Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor; (B) cameras utilized in the Program do not have to be manually operated; (C) such camera views and positions are not fixed; (D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers; (E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program; (F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems; (G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States; (H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure; (I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; and (J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify illegal border intrusions. (3) Report to congress Not later than one year after the initial implementation of the Integrated and Automated Surveillance Demonstration Program, the Secretary shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing or terminating the program. (4) Evaluation of contractors (A) Requirement for standards The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Demonstration Program. (B) Review by the inspector general (i) In general The Inspector General of the Department shall review each new contract related to the Program that has a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. (ii) Reports The Inspector General shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings. (5) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 122. Border security searches of electronic devices (a) Rule Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Commissioner of United States Customs and Border Protection, in coordination with the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement and the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ), shall issue a rule with respect to the scope of and procedural and record keeping requirements associated with border security searches of electronic devices. (b) Content The rule issued pursuant to subsection (a) shall include the following: (1) A requirement that information collected during a border security search of an electronic device that is determined to be commercial information, including trade secrets, information subject to attorney-client privilege, information subject to doctor-patient privilege, or information subject to another privilege or protection shall be handled consistent with the laws, rules, and regulations governing such information and shall not be shared with a Federal, State, local, tribal, or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws, rules, and regulations. (2) A requirement that authorized agents, to the greatest extent practicable, conduct all border security searches of electronic devices at a port of entry in the presence of a supervisor and, where appropriate, in the presence of the individuals whose electronic devices are subject to such searches. (3) A determination of the number of days that an electronic device subjected to a border security search or the information collected from such device may be retained, unless probable cause exists, that prohibits retention exceeding the period necessary to translate, decrypt, or reasonably search such device or information and that requires such information to be destroyed if in the custody of an authorized agent after such number of days. (4) A requirement that if information collected from an electronic device subjected to a border security search is copied, shared, retained, or entered into an electronic database, the individual from whose electronic device such information is collected shall receive written notification of such copying, sharing, retention, or entry unless such notification would hinder an investigation involving national security or would meet another criteria established by the Secretary in the rule. (5) A requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual. (6) A requirement that an individual subjected to a border security search of an electronic device shall receive notice of how to report abuses or concerns and how to seek redress from the Department of Homeland Security. (7) A requirement that information on the rights of individuals with respect to border security searches and Department of Homeland Security redress procedures shall be posted at all ports of entry in locations that are likely to be viewed by individuals subject to border security searches. (8) A privacy impact assessment of the rule, as prepared by the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002, that includes recommendations with respect to the copying, sharing, retention, and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search. (9) A civil liberties impact assessment of the rule, as prepared by the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security. (c) Training and auditing with respect to searches (1) Training The Secretary shall provide each authorized agent with appropriate training to conduct border security searches of electronic devices at ports of entry in accordance with the rule issued pursuant to subsection (a). The training shall include instruction on constitutional, privacy, civil rights, and civil liberties issues related to such searches. (2) Auditing The Secretary, acting through the Inspector General of the Department of Homeland Security, shall develop and annually administer an auditing mechanism to review whether authorized agents are conducting border security searches of electronic devices at ports of entry in accordance with the rule issued pursuant to subsection (a). (d) Report Not later than 180 days after the effective date of the rule issued pursuant to subsection (a), and quarterly thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs of the Senate a report that shall include the following: (1) A description of the activities of authorized agents with respect to border security searches of electronic devices at ports of entry. (2) A description of the manner in which the Department of Homeland Security has complied with this Act. (3) The number, by port of entry, of border security searches of electronic devices at ports of entry conducted during the reporting period. (4) The number, by port of entry, of instances during the reporting period that information from an electronic device subjected to a border security search was retained, copied, shared, or entered in an electronic database, including the number of electronic devices retained as the result of a border security search. (5) The race, ethnicity, national origin, and citizenship of each individual whose electronic device was subjected to a border security at a port of entry search during the reporting period, to determine the existence or absence of racial profiling. (6) The number of instances during the reporting period that information collected from an electronic device subjected to a border security search at a port of entry was referred to a law enforcement or intelligence agency for further action, including whether such information resulted in a prosecution or conviction. (e) Definitions In this section, the following definitions apply: (1) Authorized agent The term authorized agent means an agent, officer, or official of United States Customs and Border Protection, United States Immigration and Customs Enforcement, or any other office or agency of the Department of Homeland Security who is authorized to conduct a border security search. (2) Border security search The term border security search means a search by an authorized agent of persons, baggage, or cargo entering, departing, or passing through the United States through any port of entry. (3) Electronic device The term electronic device means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, such as a computer, a cellular telephone, or any other device used for electronic communication or for storing electronic, digital or analog data, and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device. 123. Border relief grant program (a) Grants Authorized (1) In general The Attorney General is authorized to award grants to— (A) eligible law enforcement agencies, or a coalition of such agencies, including sheriff’s offices, police departments and tribal police departments; and (B) institutions of higher education that provide assistance to law enforcement agencies in counties described in subparagraph (A) or (B) of subsection (d)(1) to provide the resources described in subsection (b)(4). (2) Competitive basis The Attorney General shall award grants under this section on a competitive basis. (3) Priority In awarding grants for the uses described in paragraphs (1) through (3) of subsection (b), the Attorney General shall give priority to law enforcement agencies— (A) located in a county that is within 100 miles from the United States border with Mexico or Canada; and (B) in compliance with Federal and State racial profiling laws and guidelines. (4) Duration Grants awarded under this section shall not exceed two years. Prior awardees must reapply to be considered for continued funding. (5) Prohibition The Attorney General shall not award a grant to any applicant that is under investigation for violations of Federal or State racial profiling laws or guidelines. (b) Use of Funds Grants awarded under this section may only be used to provide additional resources for eligible law enforcement agencies to address drug-related criminal activity, and for the training and assistance described in paragraph (4) for organizations described in subsection (a)(3), including resources to— (1) combat criminal activities along the Northern and Southern border by— (A) obtaining, upgrading, or maintain equipment; (B) hiring additional personnel; (C) reimbursing operational expenditures, including overtime and transportation costs; and (D) providing other assistance necessary to address drug-related criminal activity; (2) facilitate information sharing and collaboration by— (A) establishing, maintaining, or enhancing multi-jurisdictional intelligence gathering and sharing activities; (B) facilitating regional crime prevention and reduction efforts; and (C) strengthening partnerships between Federal, tribal, State, and local law enforcement agencies; (3) enhance jails, community corrections, and detention operations by— (A) improving the administration and operations of correction functions related to reducing and preventing criminal narcotics activity; (B) improving access to intelligence and collaboration between law enforcement and correctional system personnel; (C) reducing the recidivism rates of drug offenders; and (D) hiring detention, probation, parole, and other corrections personnel for implementation of the efforts described in this paragraph; and (4) provide training and technical assistance, including training and assistance related to— (A) narcotics-related kidnapping negotiation and rescue tactics; (B) intelligence and information sharing on drug trafficking organizations; and (C) the interdiction of narcotics, weapons, and illegal drug proceeds. (c) Application (1) In general Each eligible law enforcement agency, or coalition of such agencies, seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Contents Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) disclose whether the applicant has ever been investigated for or convicted of violation of Federal or State racial profiling laws or guidelines; and (C) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements under this section. (d) Monitoring and oversight (1) Each grantee shall submit to the Attorney General documentation of the use of grant funds, including an assessment of their utility in protecting border community safety, the prevention of smuggling activities, and the apprehension of persons involved in violence and organized crime. (2) These reports will determine whether the grantee uses funds appropriately and should be considered for a renewal grant. (e) Definitions In this section: (1) Eligible law enforcement agency The term eligible law enforcement agency means a tribal, State, or local law enforcement agency, including a community corrections agency and any agency that employs prosecutors, probation officers, or parole officers, which is located or performs duties in— (A) a county that is not more than 100 miles from a United States border with Mexico; (B) a county that is not more than 100 miles from a United States border with Canada; or (C) a jurisdiction that has been designated by the Director of the Office of Drug Control Policy as a High Intensity Drug Trafficking Area. (2) High intensity drug trafficking area The term High Intensity Drug Trafficking Area means any jurisdiction designated as a High Intensity Drug Trafficking Area by the National Drug Control Program under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706 ). (f) Assessment and report The Attorney General shall submit a bi-annual report assessing the success of the program in combating and reducing drug-trafficking and drug-related criminal activity, cost-effectiveness of the program, and future value and viability of the program to— (1) the Committee on the Judiciary of the House of Representatives; and (2) the Committee on the Judiciary of the Senate. (g) Authorization of appropriations (1) In general There are authorized to be appropriated $100,000,000 for each of the fiscal years 2015 through 2019 to carry out the provisions of this section. (2) Allocation of authorized funds Of the amounts appropriated pursuant to paragraph (1)— (A) not more than 33 percent may be set aside for High Intensity Drug Trafficking Areas; and (B) not more than 30 percent may be used for activities described in paragraphs (3) and (4) of subsection (b). (3) Supplement not supplant Amounts appropriated for grants pursuant to paragraph (1) shall be used to supplement and not to supplant other tribal, State, and local public funds obligated for the purposes provided under this section. 124. Northern and Southern border drug prosecution initiative (a) Reimbursement to state and local prosecutors for prosecuting federally initiated drug cases The Attorney General shall, subject to the availability of appropriations, reimburse State and county prosecutors located in States along the Northern or Southern border of the United States for prosecuting federally initiated and referred drug cases. (b) Authorization of Appropriations There are authorized to be appropriated such sums as necessary for each of the fiscal years 2015 through 2019 to carry out subsection (a). 125. Operation Streamline prosecution initiative (a) Suspension of operation streamline The Secretary shall suspend the program pending submission of the report in subsection (b) to the relevant congressional committees in subsection (c) and a revaluation of the program’s future viability. (b) Reporting requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Attorney General, shall submit a report to the relevant congressional committees set forth in subsection (c) that provides details about— (1) operational goals and oversight mechanisms of Operation Streamline and similar programs; (2) costs of seeking Federal court prosecution and jail time for all illegal entrants prior to referral to immigration court removal proceedings, as compared to initial referral of such entrants to immigration courts upon apprehension; (3) costs of detentions, prosecutions, and incarcerations for immigrant offenses under Operation Streamline programs over the three years prior to enactment of this Act; (4) cost estimates for Federal resources that would be necessary to implement Operation Streamline effectively in each Border Patrol sector, including sufficient judicial resources, Federal Public Defenders, U.S. Marshals, detention facilities, United States Attorneys, and costs already being incurred in active areas; (5) the impact of Operation Streamline programs on Federal prosecutorial initiatives focused on curbing border violence, including enhanced use of investigations and prosecutions for money laundering or other financial offenses to disrupt the illicit firearms trade, human smuggling, and cross-border drug and currency trafficking; (6) the impact of Operation Streamline programs on discretionary prosecutorial decisions; (7) the numbers of Federal prosecutions for drug trafficking, human smuggling, white-collar, civil rights, environmental, and other criminal cases over the three years prior to enactment of this Act in areas utilizing Operation Streamline initiatives; (8) lengths of imprisonment, names, convictions, and locations of prisons used for those arrested under Operation Streamline programs over the three years prior to enactment of this Act; (9) Federal convictions obtained under Operation Streamline including number of non-violent immigration offenses; (10) comparison of rates of Federal prosecutions and convictions in districts along the southern border in relation to other districts nationwide; and (11) interviews with criminal defense attorneys who have represented defendants charged under Operation Streamline, including review of the opportunity of arrestees to consult with immigration attorneys prior to conviction, and the ratio of defendants to defense attorneys. (c) Relevant congressional committees in this section (1) The Committee on Appropriations of the Senate. (2) The Committee on the Judiciary of the Senate. (3) The Committee on Appropriations of the House of Representatives. (4) The Committee on the Judiciary of the House of Representatives. (5) The Committee on Homeland Security and Governmental Affairs of the Senate. (6) The Committee on Homeland Security of the House of Representatives. (d) Reevaluation of program The Secretary of Homeland Security, in coordination with the Attorney General, shall have 180 additional days, after submission of the report in subsection (b) to the relevant congressional committees, to reevaluate the future viability of the program. At the end of the 180 day period, the Secretary shall determine whether to continue or terminate the program. 126. Project Gunrunner (a) In general The Attorney General shall dedicate and expand the resources provided for the Project Gunrunner initiative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and prosecute individuals involved in the trafficking of firearms across the international border between the United States and Mexico. (b) Activities In carrying out this section, the Attorney General shall— (1) assign additional agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area of the United States adjacent to the international border between the United States and Mexico to support the expansion of Project Gunrunner teams; (2) establish not fewer than one Project Gunrunner team in each State along the international border between the United States and Mexico; and (3) coordinate with the heads of other relevant Federal law enforcement agencies and State and local law enforcement agencies to address firearms trafficking in a comprehensive manner. (c) Additional staff The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources needed to adequately support, Project Gunrunner. (d) Authorization of Appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2015 and 2016 to carry out this section. 127. Operation Armas Cruzadas (a) In General In accordance with subsection (b), the Secretary of Homeland Security shall dedicate and expand the resources provided for Operation Armas Cruzadas of United States Immigration and Customs Enforcement (ICE) to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms across the international border between the United States and Mexico. (b) Resources To achieve the goal described in subsection (a), the Secretary of Homeland Security shall— (1) increase the number of ICE agents assigned to Operation Armas Cruzadas over the number of such agents who are so assigned as of the date of the enactment of this section; (2) increase the number of Border Enforcement Security Task Force (BEST) teams stationed along the border over the number of such teams so stationed as of the date of the enactment of this section; and (3) coordinate with the heads of other relevant Federal, State, and local law enforcement agencies to address firearms trafficking in a comprehensive manner. (c) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2015 and 2016 to carry out this section. 128. Combating human smuggling (a) Requirement for plan The Secretary shall develop and implement a plan to improve coordination among United States Immigration and Customs Enforcement and United States Customs and Border Protection and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling. (b) Content In developing the plan required by subsection (a), the Secretary shall consider— (1) the interoperability of databases utilized to prevent human smuggling; (2) adequate and effective personnel training, including methods to ascertain crime victims and vulnerable populations as described in subtitle B of this title; (3) methods and programs to effectively target networks that engage in such smuggling; (4) effective utilization of— (A) visas for victims of trafficking and other crimes; and (B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling; (5) joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; and (6) other measures that the Secretary considers appropriate to combat human smuggling. (c) Report Not later than one year after implementing the plan described in subsection (a), the Secretary shall submit to Congress a report on such plan, including any recommendations for legislative action to improve efforts to combating human smuggling. 129. Report on deaths and strategy study (a) In general The Commissioner of the United States Customs and Border Protection shall do the following: (1) Collection of statistics Collect statistics relating to deaths occurring at the border between the United States and Mexico, including— (A) the causes of the deaths; and (B) the total number of deaths. (2) Publication of statistics Publish the statistics collected in paragraph (1) quarterly. (3) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, submit to the Secretary a report that— (A) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; and (B) recommends actions to reduce and prevent the deaths described in subsection (a). (b) Southwest border strategy study and analysis The Secretary shall conduct a study of Southwest Border Enforcement operations since 1994 and its relationship to death rates on the U.S.-Mexico border. (1) Substance The study shall include— (A) an analysis on the relationship of border enforcement and deaths on the border; (B) an analysis of whether physical barriers, technology, and enforcement programs have contributed to the rate of migrant deaths; (C) an analysis of the effectiveness of geographical terrain as a natural barrier for entry into the United States in achieving Department goals and its role in contributing to rates of migrant deaths; (D) consultation with nongovernmental organizations and other community stakeholders involved in recovering and identifying migrant deaths; and (E) an assessment of existing protocol related to reporting, tracking and inter-agency communications between CBP and local first responders and consular services. (2) Report The studies shall be submitted to— (A) the United States-Mexico Border Enforcement Commission as established in section 130; (B) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives; and (D) the Committee on Oversight and Government Reform of the House of Representatives. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 130. United States-Mexico Border Enforcement Commission (a) Establishment of commission (1) In general There is established an independent commission to be known as the Immigration and United States-Mexico Border Enforcement Commission (referred to in this section as the Commission ). (2) Purposes The purposes of the Commission are— (A) to study the overall enforcement strategies, programs and policies of Federal agencies along the United States-Mexico border, including the Department of Homeland Security, Justice and other relevant agencies; (B) to strengthen relations and collaboration between communities in the border regions and the Department of Homeland Security, Justice and other Federal agencies that carry out such strategies, programs and policies; (C) to ensure the strategies, programs and policies of Federal agencies along the United States-Mexico border and the agents and employees charged to implement them protect the due process and civil and human rights of all individuals and communities at and near the border; and (D) to make recommendations to the President and Congress with respect to such strategies, programs, and policies. (3) Membership The Commission shall be composed of 16 voting members, who shall be appointed as follows: (A) The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members of whom— (i) 1 shall be a local elected official from the State’s border region; (ii) 1 shall be a local law enforcement official from the State’s border region; and (iii) 2 shall be from the State’s communities of academia, religious leaders, civic leaders or community leaders. (B) 2 nonvoting members, of whom— (i) 1 shall be appointed by the Secretary; and (ii) 1 shall be appointed by the Attorney General. (4) Qualifications (A) In general Members of the Commission shall be— (i) individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade and commerce or other pertinent qualifications or experience; and (ii) representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico. (B) Political affiliation Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(A) may be members of the same political party. (C) Nongovernmental appointees An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government. (5) Deadline for appointment All members of the Commission shall be appointed not later than 6 months after the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without the participation of such member. (6) Term of service The term of office for members shall be for the life of the Commission, or 3 years, whichever is shorter. (7) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (8) Meetings (A) Initial meeting The Commission shall meet and begin the operations of the Commission as soon as practical. (B) Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (C) Outreach The Commission shall formulate and implement an effective outreach strategy to border communities. (9) Quorum Nine members of the Commission shall constitute a quorum. (10) Chair and vice chair The voting members of the Commission shall elect a Chairman and Vice Chairman from among its members. The term of office shall be for the life of the Commission or by a vote of a minimum of quorum members of the Commission. (11) Structure The Review Commission will have a Federal, regional and local review structure, and will be divided into two subcommittees—one focused on border technology, equipment and infrastructure, and a second to focus on border and immigration enforcement policies and programs. (b) Duties The Commission shall review, examine, and make recommendations regarding immigration and border enforcement policies, strategies, and programs, including recommendations regarding— (1) the compliance of the Department of Homeland Security and other immigration and border-related agencies with existing laws and regulations; (2) the extent to which agency policies and practices protect the civil rights of migrants and border community residents, including but not limited to the contexts of engagement, detention, apprehension, use of force, definition and use of reasonable suspicion and probable cause, and racial profiling; (3) the frequency, adequacy and effectiveness of human and civil rights training of border enforcement personnel and others from Federal agencies who have contact with the public in the border regions; (4) the complaint process and the extent to which the process is transparent and accessible to the public, investigations are opened as necessary and effectively pursued and complaints are resolved in a timely and transparent manner; (5) the effectiveness and capacity of agency oversight, accountability, and management including prevention and disciplinary policies involving use of force, abuse, malfeasance, corruption and illegal activity; (6) the effect of operations, technology, and enforcement infrastructure along such border on the— (A) environment; (B) crossborder traffic and commerce; (C) privacy rights and other civil liberties; and (D) the quality of life of border communities; (7) the extent to which State and local law enforcement engage in the enforcement of Federal immigration law; (8) the extent of compliance with due process standards and equal protection of the law for immigrants and other individuals at and near the border; (9) whether border policies and agencies are accomplishing their stated goals; and (10) any other matters regarding immigration and border enforcement policies, strategies, and programs the Commission determines appropriate. (c) Powers of commission (1) In general (A) Hearings and evidence The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title— (i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (ii) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (B) Subpoenas (i) Issuance A subpoena may be issued under this subsection only— (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (iii) Enforcement In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (2) Recommendations (A) The Commission has the ability to make recommendations to the Secretary of Homeland Security on the disposition of cases and discipline of personnel under the Immigration and Naturalization Act. (B) Within 180 days of receipt of a Commission report, the Secretary of Homeland Security shall issue a response, which shall describe how the Department of Homeland Security, the Department of Justice, and the Department of Defense have addressed the recommendation. (3) Contracting The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. (4) Information from federal agencies (A) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (B) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (5) Assistance from federal agencies (A) General services administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. (B) Other departments and agencies In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (6) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (d) Compensation (1) In general Members of the Commission shall serve without pay. (2) Reimbursement of expenses All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by them in the performance of their duties. (e) Training The Commission shall establish a process and criteria by which Commission members receive orientation and training on human, constitutional and civil rights. (f) Report Not later than 2 years after the date of the first meeting called pursuant to (a)(8)(A), the Commission shall submit a report to the President and Congress that contains— (1) findings with respect to the duties of the Commission; (2) recommendations regarding border and immigration enforcement policies, strategies, and programs; (3) suggestions for the implementation of the Commission’s recommendations; and (4) a recommendation as to whether the Commission should continue to exist after the date of termination described in subsection (g), and if so, a description of the purposes and duties recommended to be carried out by the Commission after such date. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (h) Sunset Unless the Commission is reauthorized by Congress, the Commission shall terminate on the date that is 60 days after the date the Commission submits the report described in subsection (f). 131. Prohibition on military involvement in nonemergency border enforcement (a) In general The Armed Forces of the United States, including the National Guard, are prohibited from assisting in Federal, State and local and civilian law enforcement of immigration laws. (b) Exception The Armed Forces of the United States, including the National Guard may assist in Federal, State and local and civilian law enforcement of immigration laws when the President of the United States has declared a national emergency or when required for specific counter-terrorism duties. In the case that, Armed Forces of the United States, including the National Guard are required to perform such duties, those duties in support of Federal, State and local and civilian law enforcement of immigration laws shall be limited to— (1) rear echelon support duties, including logistical support, construction, and intelligence collection from positions at least 25 miles from the border; (2) nonarmed operations within 25 miles of the border, including listening posts and observation post operations; and (3) armed operations outside 25 miles of the border, including listening posts and observation post operations. (c) Report The Secretary shall submit on an annual basis a report to Congress that details the involvement of the Armed Forces in border security and the enforcement of Federal immigration laws. 132. Definitions For purposes of sections 124 through 128: (a) Indian Tribe The term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (b) Secretary Concerned The term Secretary concerned means the Secretary of Agriculture with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of Defense with respect to land under the jurisdiction of the Secretary of Defense or the secretary of a military department, or the Secretary of Commerce with respect to land under the jurisdiction of the Secretary of Commerce. 133. Border protection strategy (a) In general Not later than September 30, 2014, the Secretary, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, State, and local officials, shall jointly develop and submit to Congress a border protection strategy for the international land borders of the United States. (b) Elements of the strategy The strategy developed in accordance with subsection (a) shall include the following components: (1) A comparative analysis of the levels of operational control, based on auditable and verifiable data, achievable through alternative tactical infrastructure and other security measures. Measures assessed shall include, at a minimum— (A) pedestrian fencing; (B) vehicle barriers, especially in the vicinity of existing or planned roads; (C) additional Border Patrol agents; (D) efficacy of natural barriers and open space in response to unauthorized or unlawful border crossing; (E) fielding of advanced remote sensing and information integration technology, including the use of unmanned aerial vehicles and other advanced technologies and systems, including systems developed and employed, or under development, for tactical surveillance, multisource information integration, and response analysis in difficult terrain and under adverse environmental conditions; (F) regional as well as urban and rural variation in border security methodologies, and incorporation of natural barriers; (G) enhanced cooperation with, and assistance to, intelligence, security, and law enforcement agencies in Mexico and Canada in detecting, reporting, analyzing, and successfully responding to unauthorized or unlawful border crossings from or into Mexico or Canada; and (H) removal of obstructive non-native vegetation. (2) A comprehensive analysis of cost and other impacts of security measures assessed in paragraph (1), including an assessment of— (A) land acquisition costs, including related litigation and other costs; (B) construction costs, including both labor and material costs; (C) maintenance costs over 25 years; (D) contractor costs; (E) management and overhead costs; (F) the impacts on wildlife, wildlife habitat, natural communities, and functioning cross-border wildlife migration corridors and hydrology (including water quantity, quality, and natural hydrologic flows) on Federal, tribal, State, local, and private lands along the border; and (G) costs of fully mitigating the adverse impacts to Federal, tribal, State, local, and private lands, waters (including water quality, quantity, and hydrological flows), wildlife, and wildlife habitats, including, where such action is possible, the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality, as determined by each Secretary concerned, in consultation with appropriate authorities of tribal, State, and local governments and appropriate authorities of Mexico and Canada. (3) A comprehensive compilation of the fiscal investments in acquiring or managing Federal, tribal, State, local, and private lands and waters in the vicinity of, or ecologically related to, the land borders of the United States that have been acquired or managed in whole or in part for conservation purposes (including the creation or management of protected wildlife migration corridors) in— (A) units of the National Park System; (B) National Forest System land; (C) land under the jurisdiction of the Bureau of Land Management; (D) land under the jurisdiction of the United States Fish and Wildlife Service; (E) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture; (F) land under the jurisdiction of the Department of Defense or the individual military department; (G) land under the jurisdiction of the Department of Commerce; (H) tribal lands; (I) State and private lands; and (J) lands within Mexico and Canada. (4) Recommendations for strategic border security management based on comparative security as detailed in paragraph (1), the cost-benefit analysis as detailed in paragraph (2), as well as protection of investments in public lands specified in paragraph (3). (c) Training (1) Required training The Secretary, in cooperation with the Secretary concerned, shall provide— (A) natural resource protection training for Customs and Border Protection agents or other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol land along or in the vicinity of a land border of the United States; and (B) cultural resource training for Customs and Border Protection agents and other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol tribal lands. (2) Additional considerations In developing and providing training under subparagraph (A) of paragraph (1), the Secretary shall coordinate with the Secretary concerned and the relevant tribal government to ensure that such training is appropriate to the mission of the relevant agency and is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure, operations, or other activities. 134. Actions to further secure operational control of the international land borders of the United States (a) In General Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104–208 ; 8 U.S.C. 1103 note) is amended to read as follows: 102. Improvement of operational control of border (a) In General The Secretary of Homeland Security shall take such actions as may be required to gain operational control of the international land borders of the United States. Such actions may be taken only in accordance with the border protection strategy developed under section 124(a). (b) Priority of Methods In carrying out the requirements of subsection (a), the Secretary of Homeland Security shall, where practicable, give first priority to the use of remote cameras, sensors, removal of nonnative vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques. (c) Consultation (1) In general In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, Secretary of Commerce, States, local governments, tribal governments, and private property owners in the United States to minimize the impact on the environment, culture, commerce, safety, and quality of life for the communities and residents located near the sites at which actions under subsection (a) are proposed to be taken. (2) Rule of construction Nothing in this subsection may be construed to— (A) create or negate any right of action for a State, local government, tribal government, or other person or entity affected by this subsection; (B) affect the eminent domain laws of the United States or of any State; or (C) waive the application of any other applicable Federal, State, local, or tribal law. (3) Limitation on requirements Notwithstanding subsection (a), nothing in this section shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, or sensors in a particular location along an international border of the United States if the Secretary determines that the use or placement of such resources is not the most effective and appropriate means to achieve and maintain operational control over the international border at such location, or if the Secretary determines that the direct and indirect costs of or the impacts on the environment, culture, commerce, safety, or quality of life for the communities and residents along the border likely to result from the use or placement of such resources outweigh the benefits of such use or placement. . (b) Preconditions In fulfilling the requirements of section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by this section, the Secretary of Homeland Security shall not commence any construction of fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure along or in the vicinity of an international land border of the United States, or award or expend funds pursuant to any contract or other agreement related thereto, prior to 90 days following the submission to Congress of the border protection strategy required under section 133(a) of this subtitle. 135. Borderlands monitoring and mitigation (a) In General The Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate State and tribal wildlife agencies and entities, shall develop and implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States. (b) Requirements The mitigation plan required under subsection (a) shall include, at a minimum, measures to address and mitigate the full range of ecological and environmental impacts of border security infrastructure, measures, and activities, including— (1) preserving, maintaining, and, if necessary, restoring wildlife migration corridors, key habitats, and the ecologically functional connectivity between and among key habitats sufficient to ensure that species (whether or not designated as rare, protected, or of concern) remain viable and are able to adapt to the impacts of climate change; (2) addressing control of invasive species and implementing measures necessary to avoid the spread of such species; (3) maintaining hydrological functionality, including water quantity and quality; (4) incorporating adaptive management, including detailed provisions for long-term monitoring of the mitigation plan’s effectiveness and for necessary adjustments to such plan based on such monitoring results; and (5) protection of cultural and historical resources. (c) Preemption (1) In general Notwithstanding any other provision of law, the Secretary may, subject to paragraph (2), carry out the mitigation plan required under subsection (a) on any Federal, State, local, tribal, or private lands in the vicinity of or ecologically related to an international land border of the United States regardless of which individual, agency, or entity has ownership of or principal responsibility for the management of any such lands. (2) Conditions Activities carried out pursuant to paragraph (1) in connection with the mitigation plan shall be carried out in full consultation with, and with the concurrence of, the owner of, or entity with principal responsibility for, the management of the lands described in such paragraph. (d) Administration (1) Authorization The Secretary of Homeland Security may transfer funds of the Department of Homeland Security to other Federal agencies for— (A) expenditure under programs (including any international programs) of such agencies that are designed to fund conservation related activities (directly or through grants or similar mechanisms) on non-Federal lands, including land acquisition programs; and (B) mitigation activities on Federal lands managed by such agencies, if such activities are required to implement the mitigation plan required under subsection (a) and if the costs of such activities are higher than the costs associated with managing such lands in the absence of such activities. (2) Exemption from reprogramming requirements Funds transferred pursuant to the authorization under paragraph (1) shall not be subject to reprogramming requirements. (3) Acceptance and use of donations The Secretary may accept and use donations for the purpose of developing and implementing the mitigation plan required under subsection (a), and may transfer such funds to any other Federal agency for expenditure under such plan pursuant to paragraph (1). (e) Authorization of Appropriations Notwithstanding any other provision of law, funds appropriated to the Department of Homeland Security for border security infrastructure and activities may be used by the Secretary to develop and implement the mitigation plan required under subsection (a). 136. Border Communities Liaison Office (a) Establishment The Secretary shall establish, in consultation with the Office of Civil Rights and Civil Liberties, a Border Communities Liaison Office in every border patrol sector at the southern and northern borders. (b) Purpose The purpose of the Border Communities Liaison Office shall be— (1) to foster and institutionalize consultation with border communities; (2) to consult with border communities on agency policies, directives and laws; (3) to consult with border communities on agency strategies and strategy development; (4) to consult with border communities on agency services and operational issues; (5) to receive assessments on agency performance from border communities; and (6) to receive complaints regarding agency performance and agent conduct. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 137. Office of Civil Rights and Civil Liberties and Office of Inspector General There are authorized to be appropriated such sums as are necessary for the Department’s Office of Inspector General and the Department’s Office of Civil Rights and Civil Liberties to be comparable to those of other Federal agencies and commensurate with the size and scope of the DHS operational budget. 138. Improving ports of entry for border security and other purposes (a) In General There are authorized to be appropriated to the Administrator of the General Services Administration such sums as may be necessary for each of fiscal years 2015 through 2019 to make improvements to existing ports of entry in the United States to improve border security and for other purposes. (b) Priority In making improvements described in subsection (a), the Administrator of the General Services Administration, in coordination with the Commissioner of Customs and Border Protection, shall give priority to the ports of entry that the Administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section 603 of title VI, division E, of the Consolidated Appropriations Act of 2008 ( Public Law 101–161 ). 139. Ports of entry (a) In general In order to aid in the enforcement of Federal customs, immigration, and agriculture laws, and national security goals the Customs and Border Protection Commissioner may— (1) design, construct, and modify land ports of entry and other structures and facilities, including living quarters for officers, agents, and personnel; (2) acquire, by purchase, donation, or exchange, land or any interest in land determined to be necessary to carry out the Commissioner’s duties under this section; and (3) construct additional ports of entry along the southern border and the northern border. (b) Consultation (1) Locations for new ports of entry The Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners to— (A) determine locations for new ports of entry; and (B) minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and quality of life for the communities and residents located near such ports. (2) Acquisition of leasehold interest The Secretary of Homeland Security may acquire a leasehold interest in real property, and may construct or modify any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary to facilitate the implementation of this Act. (3) Construction of border control facilities Subject to the availability of appropriations, the Secretary may construct all-weather roads and acquire additional vehicle barriers and facilities necessary to maintain and enhance operational control of the international borders of the United States. 140. Ports of entry infrastructure and operations assessment study (a) Requirement To update Not later than January 31 of each year, the Administrator of General Services shall update the Port of Entry Infrastructure and Operations Assessment Study prepared by United States Customs and Border Protection in accordance with the matter relating to the ports of entry infrastructure assessment that is set out in the joint explanatory statement in the conference report accompanying H.R. 2490 of the 106th Congress, 1st session (House of Representatives Rep. No. 106–319, on page 67) and submit such updated study to Congress. (b) Consultation In preparing the updated studies required in subsection (a), the Administrator of General Services shall consult with the Director of the Office of Management and Budget, the Secretary, and the Commissioner of U.S. Customs and Border Protection. (c) Content Each updated study required in subsection (a) shall— (1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate travel and commerce if implemented; (2) identify port operations and practices (to include, but not be limited to training and staffing levels) that would enhance border security and facilitate the flow of legitimate individual travel and commerce if implemented; (3) establish a process to identify and prioritize needs at ports for shelter from the elements, Americans with Disability Act compliance, and related issues; (4) include the projects identified in the National Land Border Ports of Entry Security Plan required by section 141; and (5) prioritize the projects described in paragraphs (1), (2), (3), and (4) based on the ability of a project to— (A) fulfill immediate security requirements; (B) facilitate trade across the borders of the United States; (C) facilitate individual travel; and (D) reduce individual and commercial wait times for pedestrians and vehicles. (d) Project implementation The Commissioner shall implement the infrastructure, operations, and technology improvement projects described in subsection (c) in the order of priority assigned to each project under paragraph (3) of such subsection. (e) Divergence from priorities The Commissioner may diverge from the priority order if the Commissioner determines that significantly changed circumstances, such as immediate security needs or changes in infrastructure in Mexico or Canada, compellingly alter the need for a project in the United States. 141. National Land Border Ports of Entry Security Plan (a) In general Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary, after consultation with representatives of Federal, State, and local law enforcement agencies and private entities that are involved in international trade across Northern or Southern ports of entry, shall submit a National Land Border Ports of Entry Security Plan to Congress. (b) Vulnerability assessment (1) In general The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border. (2) Port security coordinators The Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border— (A) to assist in conducting a vulnerability assessment at such port; and (B) to provide other assistance with the preparation of the plan required in subsection (a). 142. Ports of entry technology demonstration program (a) Demonstration program The Secretary shall carry out a technology demonstration program to— (1) test and evaluate new port of entry technologies; (2) refine port of entry technologies and operational concepts; and (3) train personnel under realistic conditions. (b) Technology and facilities (1) Technology testing Under the technology demonstration program, the Secretary shall test technologies that enhance port of entry operations, including operations related to— (A) inspections; (B) communications; (C) port tracking; (D) identification of persons and cargo; (E) sensory devices; (F) personal detection; (G) decision support; and (H) the detection and identification of weapons, including weapons of mass destruction. (2) Development of facilities At a demonstration site selected pursuant to subsection (c)(2), the Secretary shall develop facilities to provide appropriate training to law enforcement personnel who have responsibility for border security, including— (A) cross-training among agencies; (B) advanced law enforcement training; and (C) equipment orientation. (c) Demonstration sites (1) Number The Secretary shall carry out the demonstration program at not less than three sites and not more than five sites. (2) Selection criteria To ensure that at least 1 of the facilities selected as a port of entry demonstration site for the demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, has a traffic volume low enough to easily incorporate new technologies without interrupting normal processing activity, and is able to efficiently carry out demonstration and port of entry operations, at least 1 port of entry selected as a demonstration site shall— (A) have been established not more than 15 years before the date of enactment of this Act; (B) consist of not less than 65 acres, with the possibility of expansion to not less than 25 adjacent acres; and (C) have serviced an average of not more than 50,000 vehicles per month during the one-year period ending on the date of enactment of this Act. (d) Relationship with other agencies The Secretary shall permit personnel from an appropriate Federal or State agency to utilize a demonstration site described in subsection (c) to test technologies that enhance port of entry operations, including technologies described in subparagraphs (A) through (H) of subsection (b)(1). (e) Report (1) Requirement Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out at each demonstration site under the technology demonstration program established under this section. (2) Content The report submitted under paragraph (1) shall include an assessment by the Secretary of the feasibility of incorporating any demonstrated technology for use throughout United States Customs and Border Protection. 143. Reports on improving the exchange of information on North American security (a) Requirement for reports Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit to Congress a report on the status of improvements to information exchange related to the security of North America. (b) Contents Each report submitted under subsection (a) shall contain a description of the following: (1) Security clearances and document integrity The status of the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including— (A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including— (i) passports; (ii) visas; and (iii) permanent resident cards; (B) working with Canada and Mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking, and laws to forbid the use and manufacture of fraudulent travel documents; and (C) applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally, including travel by such citizens to the United States. (2) Immigration and visa management The progress of efforts to share information regarding high-risk individuals who may attempt to enter Canada, Mexico, or the United States, including the progress made— (A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; and (B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends. (3) Visa policy coordination and immigration security The progress made by Canada, Mexico, and the United States to enhance the security of North America by cooperating on visa policy and identifying best practices regarding immigration security, including the progress made— (A) in enhancing consultation among officials who issue visas at the consulates or embassies of Canada, Mexico, or the United States throughout the world to share information, trends, and best practices on visa flows; (B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including— (i) application process; (ii) interview policy; (iii) general screening procedures; (iv) visa validity; (v) quality control measures; and (vi) access to appeal or review; (C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries; (D) in developing and implementing an immigration security strategy for North America that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers; (E) in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of Canada, Mexico, and the United States; and (F) in collecting 10 fingerprints from each individual who applies for a visa. (4) North American visitor overstay program The progress made by Canada and the United States in implementing parallel entry-exit tracking systems that, while respecting the privacy laws of both countries, share information regarding third country nationals who have overstayed their period of authorized admission in either Canada or the United States. (5) Terrorist watch lists The status of the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including any progress made— (A) in developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country; (B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; (C) in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list, and the country that owns such list, including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country; and (D) in establishing transparent standards and processes that enable innocent individuals to remove their names from a watch list. (6) Money laundering, currency smuggling, and alien smuggling The progress made in improving information sharing and law enforcement cooperation in combating organized crime, including the progress made— (A) in combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives; (B) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States; (C) in developing a joint threat assessment on organized crime between Canada and the United States; (D) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States; (E) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; and (F) in developing and implementing a plan to combat the transnational threat of illegal drug trafficking. (7) Law enforcement cooperation The progress made in enhancing law enforcement cooperation among Canada, Mexico, and the United States through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices to identify suspected criminals or terrorists, including exploring the formation of law enforcement teams that include personnel from the United States and Mexico, and appropriate procedures for such teams. 144. Southern Border Security Task Force (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a Southern Border Security Task Force (in this Act referred to as the Task Force ) to coordinate the efforts of Federal, State, and local border and law enforcement officials and task forces to protect United States border cities and communities from violence associated with drug trafficking, gunrunning, illegal alien smuggling, violence, and kidnapping along and across the international border between the United States and Mexico. (b) Composition and Deployment (1) Composition The Task Force shall be comprised of personnel from— (A) United States Customs and Border Protection; (B) United States Immigration and Customs Enforcement; (C) the Coast Guard; (D) other Federal agencies, as appropriate; (E) southern border State law enforcement agencies; and (F) local law enforcement agencies from affected southern border cities and communities. (2) Deployment The Secretary of Homeland Security shall deploy the Task Force along the international border between the United States and Mexico in cities and communities most affected by violence, as determined by the Secretary. (c) Director The Secretary of Homeland Security shall appoint as a Director of the Task Force an individual who is experienced and knowledgeable in law enforcement generally and border security issues specifically. (d) Report Not later than 180 days after the date of the establishment of the Task Force under subsection (a) and annually thereafter, the Secretary of Homeland Security shall 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 on the effectiveness of the Task Force in reducing the drug trafficking, gunrunning, illegal alien smuggling, violence, and kidnapping along and across the international border between the United States and Mexico as measured by crime statistics, including violent deaths, incidents of violence, and drug related arrests. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary of Homeland Security $10,000,000 for each of fiscal years 2014 through 2018— (1) to establish and operate the Task Force, including to provide for operational, administrative, and technological costs to Federal, State, and local law enforcement agencies participating in the Task Force; and (2) to investigate, apprehend, and prosecute individuals engaged in drug trafficking, gunrunning, illegal alien smuggling, violence, and kidnapping along and across the international border between the United States and Mexico. 145. Cooperation with the Government of Mexico (a) Cooperation regarding border security The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding— (1) improved border security along the international border between the United States and Mexico; (2) the reduction of human trafficking and smuggling between the United States and Mexico; (3) the reduction of drug trafficking and smuggling between the United States and Mexico; (4) the reduction of gang membership in the United States and Mexico; (5) the reduction of violence against women in the United States and Mexico; and (6) the reduction of other violence and criminal activity. (b) Cooperation regarding education on immigration laws The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States. (c) Cooperation regarding circular migration The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico. (d) Consultation requirement Federal, State, and local representatives in the United States shall work to cooperate with their counterparts in Mexico concerning border security structures along the international border between the United States and Mexico, as authorized by this title, in order to— (1) solicit the views of affected communities; (2) lessen tensions; and (3) foster greater understanding and stronger cooperation on this and other important security issues of mutual concern. (e) Annual report Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on the actions taken by the United States and Mexico under this section. 146. Enhanced international cooperation (a) In General The Attorney General, in cooperation with the Secretary of State, shall— (1) assign agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the United States mission in Mexico, to work with Mexican law enforcement agencies in conducting investigations relating to firearms trafficking and other criminal enterprises; (2) provide the equipment and technological resources necessary to support investigations and to trace firearms recovered in Mexico; and (3) support the training of Mexican law enforcement officers in serial number restoration techniques, canine explosive detection, and anti-trafficking tactics. (b) Authorization of Appropriations There is authorized to be appropriated $9,500,000 for each of fiscal years 2015 and 2016 to carry out this section. 147. Expansion of commerce security programs (a) Customs–Trade partnership against terrorism (1) In general Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs–Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act ( 6 U.S.C. 961 ), including adding additional personnel for such programs, along the northern border and southern border, including the following programs: (A) The Business Anti-Smuggling Coalition. (B) The Carrier Initiative Program. (C) The Americas Counter Smuggling Initiative. (D) The Container Security Initiative established pursuant to section 205 of the SAFE Port Act ( 6 U.S.C. 945 ). (E) The Free and Secure Trade Initiative. (F) Other industry partnership programs administered by the Commissioner. (2) Southern border demonstration program Not later than 180 days after the date of enactment of this Act, the Commissioner shall implement, on a demonstration basis, at least 1 Customs–Trade Partnership Against Terrorism program, which has been successfully implemented along the northern border, along the southern border. (b) Demonstration program Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security. 148. Authorization of appropriations (a) In general In addition to any funds otherwise available, there are authorized to be appropriated such sums as may be necessary for the fiscal years 2015 through 2019 to carry out this subtitle. (b) International agreements Amounts appropriated pursuant to the authorization of appropriations in subsection (a) may be used for the implementation of projects described in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border between the United States and Mexico, agreed to March 22, 2002, Monterrey, Mexico or the Smart Border Declaration between the United States and Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent with the provisions of this subtitle. B Detention 151. Definitions In this subtitle: (1) Detention The term detention , in the context of an immigration-related enforcement activity, means government custody or any other deprivation of an individual’s freedom of movement by government agents. (2) Detention facility The term detention facility means any Federal, State, local government facility, or privately owned and operated facility that is used to hold immigration detainees for more than 72 hours. (3) Short-term detention facility The term short-term detention facility means any Federal, State, local government facility, or privately owned and operated facility that is used to hold immigration detainees for 72 hours or less. (4) Immigration-related enforcement activity The term immigration-related enforcement activity means any government action in which— (A) an individual suspected of an immigration violation is detained for such violation; or (B) an individual who has been detained by government agents is questioned about possible immigration violations. (5) Secure alternatives programs The term secure alternatives means custodial or non-custodial programs under which aliens are screened and provided with appearance assistance services or placed in supervision programs as needed to ensure they appear at all immigration interviews, appointments and hearings. (6) Unaccompanied alien children The term unaccompanied alien child or children shall be defined as found in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). (7) Apprehension The term apprehension , in the context of an immigration enforcement related activity, means government detention, arrest, or custody, or any significant deprivation of an individuals freedom of action by government officials or entities acting under agreement with the Department of Homeland Security for suspicion of violations under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (8) SSA The term SSA means the appropriate State or local service agency, including relevant nongovernmental organizations, child welfare agencies, child protective service agencies, school and head start administrators, mental health and legal service providers, and hospitals. 152. Detention conditions (a) In general The Secretary shall— (1) ensure that all detainees are treated humanely and granted the protections described in this section; and (2) comply with the minimum requirements set forth in this section. (b) Quality of medical care (1) Right to medical care Each detainee has the right to— (A) prompt and adequate medical care, designed to ensure continuity of care, at no cost to the detainee; (B) care to address medical needs that existed prior to detention; and (C) primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, and other medically necessary specialized care. (2) Screenings and examinations Each detainee shall receive— (A) a comprehensive medical, dental, and mental health intake screening, including screening for sexual abuse or assault by a licensed health care professional upon arrival at a detention facility or short-term detention facility; and (B) a comprehensive medical and mental health examination by a licensed health care professional not later than 14 days after the detainee’s arrival at a detention facility. (3) Medications and treatment (A) Prescriptions Each detainee taking prescribed medications prior to detention shall be allowed to continue taking such medications, on schedule and without interruption, until and unless a licensed health care professional examines the immigration detainee and decides upon an alternative course of treatment. Detainees who arrive at a detention facility without prescription medications and report being on such medications shall be evaluated by a qualified health care professional not later than 24 hours after arrival. All decisions to discontinue or modify a detainee’s reported prescription medication regimen shall be conveyed to the detainee in a language that the detainee understands and shall be recorded in writing in the detainee’s medical records. (B) Psychotropic medication Medication may not be forcibly administered to a detainee to facilitate transport, removal, or otherwise to control the detainee’s behavior. Involuntary psychotropic medication may only be used, to the extent authorized by applicable law, in emergency situations after a physician has personally examined the detainee and determined that— (i) the detainee is imminently dangerous to self or others due to a mental illness; and (ii) involuntary psychotropic medication is medically appropriate to treat the mental illness and necessary to prevent harm. (C) Treatment Each detainee shall be provided medically necessary treatment, including prenatal care, prenatal vitamins, hormonal therapies, and birth control. Female detainees shall be provided with adequate access to sanitary products. (4) Medical care decisions Any decision regarding requested medical care for a detainee— (A) shall be made in writing by an on-site licensed health care professional not later than 72 hours after such medical care is requested; and (B) shall be immediately communicated to the detainee. (5) Administrative appeals process (A) In general Detention facilities, in conjunction with the Department of Homeland Security, shall ensure that detainees, medical providers, and legally appointed advocates have the opportunity to appeal a denial of requested health care services by an on-site provider to an independent appeals board. (B) Appeals board The appeals board shall include health care professionals in the fields relevant to the request for medical or mental health care. (C) Decision Not later than 7 days after an appeal is received by the appeals board under this paragraph, or earlier if medically necessary, the appeals board shall issue a written decision regarding the appeal and notify the detention facility and the appellee of such decision. (6) Review of on-site medical provider requests (A) In general The Secretary shall respond within 72 hours to any request by an on-site medical provider for authorization to provide medical or mental health care to a detainee. (B) Written explanation If the Secretary denies or fails to grant a request described in subparagraph (A), the Secretary shall immediately provide a written explanation of the reasons for such decision to the on-site medical provider and the detainee. (C) Appeals board The on-site medical provider and the detainee (or the detainee’s legally appointed advocate) shall be permitted to appeal the denial of, or failure to grant, a request described in subparagraph (A) to an independent appeals board. (D) Decision Not later than 7 days after an appeal is received by the appeals board under this paragraph, or earlier if medically necessary, the appeals board shall issue a written decision regarding the appeal and notify the on-site medical provider, the detainee, and the detention facility of such decision. (7) Conditional release (A) In general If a licensed health care professional determines that a detainee has a medical or mental health care condition, is pregnant, or is a nursing mother, the Secretary shall consider releasing the detainee on parole, on bond, or into a secure alternatives program. (B) Reevaluation If a detainee described in subparagraph (A) is not initially released under this paragraph, the Secretary shall periodically reevaluate the situation of the detainee to determine if such a release would be appropriate. (C) Discharge planning Upon removal or release, all detainees with medical or mental health conditions and women who are pregnant, post-natal, and nursing mothers shall receive discharge planning to ensure continuity of care for a reasonable period of time. (8) Medical records (A) In general The Secretary shall maintain complete, confidential medical records for every detainee and make such records available to a detainee or to individuals authorized by the detainee not later than 72 hours after receiving a request for such records. (B) Transfer of medical records Immediately upon a detainee’s transfer between detention facilities, the detainee’s complete medical records, including any transfer summary, shall be provided to the receiving detention facility. (c) Access to telephones Detention facilities shall provide to detainees reasonable and equitable access to working telephones, and the ability to contact, through confidential toll-free numbers, legal representatives, family courts, child protective services, foreign consulates, the immigration courts, Federal and State courts in which the detainee is, or may become, involved in a legal proceeding, the Board of Immigration Appeals, nongovernmental organizations designated by the Secretary, all government immigration agencies and adjudicatory bodies including the Office of the Inspector General of the Department of Homeland Security and the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, in addition to persons and offices contacted for the purpose of obtaining legal representation. Detention facilities shall provide to detainees access to telephones during facility working hours and on an emergency basis in accordance with the following: (1) The detention facility shall provide to each detainee a copy of its rules governing telephone access and shall post those rules, together with an explanation of how to make calls, within sight of each telephone available to detainees. These rules shall be translated into Spanish and two additional languages spoken by a substantial part of the detainee population of the detention facility. If a detention facility has determined that more than 5 percent of its population is of a certain language group, the document should be translated into that language group’s appropriate language. The detention facility shall also provide oral interpretation and written translation assistance to detainees in reading any relevant materials required to request telephone access, including oral interpretation assistance for those who are not literate in English, Spanish, and other languages spoken by the detainee population of the facility. (2) The rates charged for telephone calls shall be reasonable and equitable and shall not significantly impair detainees’ access to telephones. (3) The detention facility shall not restrict the number of calls detainees may place to their legal representatives or consular officials, or to any others for the purpose of obtaining legal representation, or limit the duration of those calls by rule or automatic cut-off, unless necessary for security reasons. The detention facility shall have a reasonable number of working phones available to detainees, and at a minimum one phone per each 25 users. (4) The detention facility shall ensure the privacy of telephone conversations between detainees and legal representatives or consular officials, and calls made for the purpose of obtaining legal representation. Means to ensure privacy may include the use of privacy panels, the placement of phones in housing pods, and other appropriate measures. (5) Detainees’ telephone calls to a court, legal representative, or consular official, or for the purpose of obtaining legal representation, shall not be monitored or recorded without a court order and without prior notification to the detainee. (6) The detention facility shall take and deliver telephone messages to detainees as promptly as possible, but no less often than twice a day. Detainees shall be permitted to make confidential telephone calls promptly within 8 hours of receipt of messages left by a court, legal representative, prospective legal representative, or consular official as soon as reasonably possible after the delivery of the message. (d) Sexual abuse regulations concerning care and custody of detainees (1) In general Detention facilities shall take all necessary measures to prevent sexual abuse of detainees, including sexual assaults, and shall observe the minimum standards under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ). (2) Measures where abuse occurs Where sexual abuse occurs, detention facilities shall ensure that— (A) prompt and appropriate medical intervention is taken to minimize medical and psychological trauma; (B) a medical history is taken and a physical examination is conducted by qualified and culturally appropriate licensed medical professionals to determine the extent of physical injury and whether referral to another medical facility is indicated; (C) prophylactic treatment and follow-up for sexually transmitted diseases are provided within the appropriate timeframe; (D) the case is evaluated by a qualified and culturally appropriate mental health professional for crisis intervention counseling and long-term follow-up; (E) victims are separated from their abusers and are considered for release on parole or for an alternative to detention program— (i) shall not result in the transfer of the victim away from counsel absent exceptional circumstances; and (ii) shall never result in the placement of the victim in solitary confinement; and (F) any and all medical and mental health records arising out of a detainee’s allegation of sexual abuse shall be treated as confidential, as required by the Health Insurance Portability and Accountability Act of 1996. (3) Reporting A detention facility shall not subject any person to punishment or any other form of retaliation for reporting incidents of sexual abuse. (4) Investigation In all cases of alleged sexual abuse, the detention facility shall conduct a thorough and timely investigation and shall provide to the Secretary of Homeland Security a report of the circumstances and the response of the detention facility. If the report is not completed within 30 days after alleged sexual abuse comes to the attention of the detention facility, the detention facility shall submit to the Secretary of Homeland Security a description of the status of the investigation and an estimated date of completion 30 days after the alleged sexual abuse comes to the attention of the detention facility and every 30 days thereafter until the report is provided to the Secretary of Homeland Security. The report required by this subsection shall include at minimum a determination of whether the alleged sexual abuse occurred, an in-depth analysis of the relevant facts including the causes of any sexual abuse that may have occurred and whether and to what extent the alleged abuse indicates a failure of policy, a failure of training, a failure of oversight, or a failure of management, and a description of the actions that the facility will take to prevent the occurrence of similar incidents in the future and a plan for monitoring the implementation of those actions. The detention facility shall provide to the Secretary of Homeland Security periodic reports monitoring the implementation of the plan in accordance with the schedule set forth in such plan as approved by the Secretary of Homeland Security. (e) Transfer of detainees (1) Procedures In adopting procedures governing the transfer of individuals detained under the Immigration and Nationality Act ( 8 U.S.C. 1226 ), the Secretary of Homeland Security shall prohibit transfer of a detainee if such transfer would— (A) negatively affect an existing attorney-client relationship; (B) negatively affect the detainee's legal proceedings, including merits or calendar hearings, or a pending application with United States Citizenship and Immigration Services or the Executive Office for Immigration Review, by— (i) limiting the detainee's access to securing legal representation; (ii) limiting the detainee's ability to prepare a legal defense to removal; or (iii) removing the detainee from the legal venue of such proceeding; (C) negatively affect the detainee's health and medical fitness; or (D) to the extent it does not conflict with clauses (i), (ii), and (iii)— (i) place the detainee in a location more distant from the detainee's residence than the original detention location; or (ii) place the detainee in a location more distant from family members than the original detention location. (2) Notice Unless exigent circumstances dictate an immediate transfer— (A) the Secretary of Homeland Security shall provide not less than 72 hours notice to any detainee prior to transferring the detainee to another detention facility; (B) detainees shall be afforded at least one toll-free call and the Secretary of Homeland Security shall notify the detainee’s legal representative or if unrepresented, an adult family member or other person designated by the detainee, of the transfer and the detainee’s new location by telephone and in writing; (C) if removal proceedings are pending, the Secretary of Homeland Security shall also promptly notify the Immigration Court, Board of Immigration Appeals, or the Circuit Court of Appeals, as appropriate of the transfer and the detainee’s new address; and (D) the Secretary of Homeland Security shall not transfer any detainee who has already requested, and is awaiting, a bond hearing or a bond redetermination hearing. (3) Exception The Secretary may transfer a detainee who has an existing attorney-client relationship to an alternate detention facility if such transfer is necessitated by a highly unusual emergency, such as a natural disaster or comparable emergency. (4) Protecting detainees legal rights If the Secretary determines that a transfer is necessary due to a highly unusual emergency, the Secretary shall ensure that the detainee’s legal rights are not prejudiced and the existing attorney-client relationship is not impaired, including evaluating the location of the detention facility based on it proximity to the detainee’s counsel or nongovernmental or pro bono organizations providing free or low cost immigration legal services. (5) Record In cases in which a detainee is transferred, the Secretary shall make a record of the reasons and circumstances necessitating such transfer. 153. Specific detention requirements for short-term detention facilities (a) Access to basic needs, people, and property (1) Basic needs All detainees in short-term detention facilities shall receive— (A) potable water; (B) food, if detained for more than 5 hours; (C) basic toiletries, diapers, sanitary products, and blankets; (D) access to bathroom facilities; and (E) access to telephones. (2) People The Secretary shall provide consular officials with access to detainees held at any short-term detention facility. Detainees shall be afforded reasonable access to a licensed health care professional. The Secretary shall ensure that nursing mothers in such facilities have access to their children. (3) Property Any property belonging to a detainee that was confiscated by an official of the Department of Homeland Security shall be returned to the detainee upon repatriation or transfer. (b) Protections for children (1) Qualified staff The Secretary shall ensure that adequately trained and qualified staff are stationed at each major port of entry at which, during the most recent 2 fiscal years, an average of not fewer than 50 unaccompanied alien children per year have been held by United States Customs and Border Protection, such staff shall include— (A) independent licensed social workers dedicated to ensuring the proper temporary care for the children while in the custody of United States Customs and Border Protection; and (B) agents charged primarily with the safe, swift, and humane transportation of such children to the custody of the Office of Refugee Resettlement. (2) Specific rights The social workers described in paragraph (1)(A) shall ensure that each unaccompanied alien child— (A) receives emergency medical care; (B) receives mental health care in case of trauma; (C) has access to psychosocial health services; (D) is provided with— (i) a pillow, linens, and sufficient blankets to rest at a comfortable temperature; and (ii) a bed and mattress placed in an area specifically designated for residential use; (E) receives adequate nutrition; (F) enjoys a safe and sanitary living environment; (G) receives educational materials; and (H) has access to at least 3 hours of indoor and outdoor recreational programs and activities per day. (c) Confidentiality (1) In general The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement, and follow-up services to unaccompanied alien children and separated children as defined in section 164(c), consistent with the best interest of such children, by not disclosing such information to other government agencies or nonparental third parties, except as provided under paragraph (2). (2) Limited disclosure of information The Secretary may only disclose information regarding an unaccompanied alien child if— (A) the child authorizes such disclosure and such is consistent with the child’s best interest; or (B) the disclosure is to a duly recognized law enforcement entity and is necessary to prevent imminent and serious harm to another individual. (3) Written record All disclosures under paragraph (2) shall be duly recorded in writing and placed in the child’s file. 154. Rulemaking and enforcement (a) Regulations (1) Notice of proposed rulemaking Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking regarding the implementation of this Act. (2) Final regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations, which shall be binding upon all detention facilities and short-term detention facilities, to ensure that the detention requirements under sections 142 and 143 are fully implemented and enforced and that all facilities comply with the regulations. (b) Enforcement (1) In general The Secretary shall enforce all regulations and standards promulgated under subsection (a). Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance to detention facilities and short-term detention facilities to ensure compliance with all the detention requirements under sections 142 and 143. (2) Investigation (A) Grievances Each detainee has the right to file grievances with the staff of detention facilities, short-term detention facilities, and the Department of Homeland Security, and shall be protected from retaliation for exercising such right. (B) Review The Secretary shall— (i) review any grievance or other complaint containing evidence that a detention facility or short-term detention facility has violated any requirement under this Act; (ii) issue a determination in writing to the complainant indicating the Secretary’s findings regarding the alleged violation not later than 30 days after receiving such complaint; (iii) remedy any violation not later than 30 days after issuing a determination under clause (ii); and (iv) promptly advise the complainant of the remedy referred to in clause (iii). (C) Written response If the Secretary issues a written response under subparagraph (B)(ii) indicating that no violation has occurred, such response shall constitute final agency action for the purposes of section 702 of title 5, United States Code. (3) Penalties The Secretary shall enforce compliance with the detention requirements under sections 142 and 143 by— (A) imposing financial penalties upon detention facilities and short-term detention facilities that are not in compliance with such requirements; and (B) terminating the contracts of such facilities if such noncompliance persists. (4) Compliance officer (A) Designation Each detention facility and short-term detention facility shall designate an officer to ensure compliance with the provisions of this Act. (B) Duties Each officer designated under subparagraph (A) shall— (i) investigate all evidence pertaining to a violation of this Act; and (ii) if a violation is identified, remedy the violation within 30 days. (C) Judicial review A detainee may not seek judicial review of the detention facility’s determination until after the passage of the 30-day period, except where irreparable harm would result. (c) Rule of construction Nothing in this section may be construed to preclude review of noncompliance with this Act under— (1) section 1331 or 2241 of title 28, United States Code; or (2) section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). (d) Punitive damages No individual may seek punitive damages for any violation under this Act. 155. Immigration Detention Commission (a) Appointment The Secretary shall appoint and convene an Immigration Detention Commission (referred to in this section as the Commission ), which shall be comprised of— (1) experts from United States Immigration and Customs Enforcement, United States Customs and Border Protection, the Office of Refugee Resettlement, and the Division of Immigration Health Services of the Department of Health and Human Services; and (2) independent experts, in a number equal to the number of experts appointed under paragraph (1), from nongovernmental organizations and intergovernmental organizations with expertise in working on behalf of detainees and other vulnerable populations. (b) Duties The Commission shall conduct independent investigations, and evaluate and report on the compliance of detention facilities, short-term detention facilities, and the Department of Homeland Security with the detention requirements under sections 142 and 143. (c) Biennial reports Not later than 60 days after the end of the first fiscal year beginning after the date of the enactment of this Act, and every 2 years thereafter, the Commission shall submit a report containing the findings of its investigations and evaluations under subsection (b) to— (1) the Committee on the Judiciary of the Senate ; (2) the Committee on Homeland Security and Governmental Affairs of the Senate ; (3) the Committee on the Judiciary of the House of Representatives ; and (4) the Committee on Homeland Security of the House of Representatives . 156. Death in custody reporting requirement (a) In general If an individual dies while in the custody of the Department of Homeland Security or en route to or from such custody— (1) the supervising official at the detention facility or short-term detention facility at which the death took place shall immediately notify the Secretary of such death; and (2) not later than 48 hours after receiving a notification under paragraph (1), the Secretary shall report the death to— (A) the Office of the Inspector General of the Department of Homeland Security; and (B) the Department of Justice. (b) Morbidity and Mortality Review The Department of Homeland Security shall complete an investigation of each detainee death that shall be conducted consistent with established medical practice for morbidity and mortality reviews and examine both individual and systemic contributors to the death. The investigation shall be conducted by a panel of physicians with experience in morbidity and mortality reviews and shall include the medical staff of the facility or facilities that cared for the deceased detainee, physicians from within the Department, and independent physicians not affiliated with the Department or facility. The panel shall complete a report and corrective action plan in each case. (c) Report to Congress Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report containing detailed information regarding all the deaths of individuals in the custody of the Department of Homeland Security during the preceding fiscal year to the committees set forth in section 155(c). (d) Contents The reports submitted under subsection (a)(2) and subsection (c) shall include— (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; (4) a description of the circumstances surrounding the death; (5) the status and results of any investigation that has been conducted into the circumstances surrounding the death; and (6) all medical records of the deceased. 157. Protection of community-based organizations, faith-based organizations and other institutions (a) In general The Secretary shall issue regulations requiring officials of the Department of Homeland Security to— (1) prohibit the apprehension of persons on the premises or in the immediate vicinity of— (A) a childcare provider; (B) a school; (C) a legal-service provider; (D) a Federal court or State court proceeding; (E) an administrative proceeding; (F) a funeral home; (G) a cemetery; (H) a college, university, or community college; (I) a victim services agency; (J) a social service agency; (K) a hospital or emergency care center; (L) a health care clinic; (M) a place of worship; (N) a day care center; (O) a head start center; (P) a school bus stop; (Q) a recreation center; (R) a mental health facility; and (S) a community center; and (2) tightly control investigative operations at the locations described in paragraph (1). (b) Notice To appear The Secretary shall amend the Notice to Appear form to include a statement that no immigration enforcement activity was undertaken in any of the locations described in subsection (a)(1). 158. Apprehension procedures for immigration-related enforcement activities (a) In general Any immigration-related enforcement activity engaged in by the Department of Homeland Security or by other entities under agreement with the Department of Homeland Security for alleged violations under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), which results in the apprehension of at least 1 alien shall be carried out in accordance with the procedures described in this section. (b) Apprehension procedures The Department of Homeland Security and entities under agreement with the Department of Homeland Security shall— (1) conduct an initial review of each individual apprehended in an immigration-related enforcement activity to ascertain whether such individual may be a United States citizen, a lawful permanent resident of the United States, or an alien lawfully present in the United States; (2) if an individual claims to be a United States citizen, a lawful permanent resident of the United States, or an alien lawfully present in the United States, ensure that personnel of the Department of Homeland Security or personnel under agreement with the Department of Homeland Security investigates the individual’s claims and considers the individual for release under section 160(c); (3) notify SSAs of such immigration-related enforcement activity not later than 24 hours before the commencement of such activity, specifically notifying the SSAs of— (A) the specific area of the State that will be affected; and (B) the languages anticipated may be spoken by individuals at the targeted site; (4) if such immigration-related enforcement activities cannot be planned more than 24 hours in advance, notify SSAs in a timely fashion before the activity commences or, if this is not possible, immediately following the commencement of such activity; (5) provide SSAs with ongoing confidential access to individuals apprehended by the Department of Homeland Security or any entity operating under agreement with the Department of Homeland Security within six hours of the individual’s apprehension, to assist the Department of Homeland Security in determining if he or she is a member of a vulnerable population as described in section 160(a)(2); (6) notify local law enforcement of the specific area of the State that will be affected by such immigration-related enforcement activity not later than 24 hours before the commencement of such activity or, if such immigration-related enforcement activity cannot be planned more than 24 hours in advance, notify local law enforcement in a timely fashion before the activity commences, or if this is not possible, immediately following the commencement of such activity; (7) provide all Department of Homeland Security personnel, personnel from entities under agreement with the Department of Homeland Security participating, SSAs, and medical personnel with detailed instructions on what steps to take if they encounter individuals who are a member of a vulnerable population; (8) ensure that not fewer than one independent certified interpreter who is fluent in Spanish or any language other than English spoken by more than 5 percent of the target population of the immigration-related enforcement activity is available for in-person translation for every 5 individuals targeted by an immigration-related enforcement activity, and that the Department of Homeland Security and entities operating under agreement with the Department of Homeland Security utilize appropriate translation services where interpreters cannot or have not been retained prior to commencement of an immigration-related enforcement activity; (9) permit nonprofit legal service providers, organizations, and attorneys to offer free legal services to individuals subject to an immigration-related enforcement activity at the time of the apprehension of such individuals; and (10) permit access to a telephone within 6 hours after an individual is detained. 159. Protections against unlawful detentions of United States citizens (a) Notifications (1) In general Prior to questioning an individual who has been detained on the basis of a suspected immigration violation or has been detained during an immigration-related enforcement activity, a Department of Homeland Security or other officer must first advise the detainee, in the language spoken by the detainee that— (A) the detainee has the right to be represented by counsel at no expense to the Federal Government; (B) the detainee may remain silent; and (C) any statement made by the detainee may be used against the detainee in a subsequent removal or criminal proceeding. (2) Effect of violation Any evidence obtained by an officer from a detainee in violation of paragraph (1) may not be— (A) admissible in a removal proceeding against the detainee; or (B) used to confirm that the detainee is a noncitizen for purposes of issuing an immigration detainer. (b) Legal orientation program (1) In general The Attorney General, in consultation with the Secretary, shall ensure that all detained aliens who are in, or may be subject to, detention by the Department of Homeland Security, Immigration and Customs Enforcement, and who are, or may be, in EOIR Immigration Court proceedings pursuant to sections 235, 238, 240, and 241 of the Immigration and Nationality Act receive legal orientation through a program administered and implemented by the Executive Office of Immigration Review of the Department of Justice. (2) Content of the program The legal orientation program developed pursuant to this section shall be based on the Legal Orientation Program carried out by the Executive Office for Immigration Review on the date of the enactment of this Act. (3) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out such legal orientation program. (c) Access to counsel (1) In general An individual who is subject to or detained during an immigration-related enforcement activity may be represented by legal counsel at any time. (2) List of free legal services The examining officer shall, in the language spoken by the individual being detained— (A) provide the individual, prior to transferring the individual from the point of apprehension to the detention facility for an immigration-related violation with a list of available free or low-cost legal services provided by organizations and attorneys that are located in the region in which the arrest occurred; and (B) certify on the Notice to Appear issued to such individual that such a list was provided to the individual. (3) Amendment Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— (A) by redesignating subsection (e) as subsection (l); (B) by redesignating subsections (b), (c), (d), and (e) as subsections (f), (g), and (h), and (i) respectively; and (C) by inserting before subsection (l), as redesignated, the following: (k) Right of access to counsel An individual may be represented by counsel of the individual’s choosing while being subject to any immigration-related enforcement activity, including— (1) interviews; (2) processing appointments; (3) booking or intake questions; (4) hearings; and (5) any procedure that may result in a conclusion that the detainee will be detained or removed from the United States. . (d) Representation of disabled aliens; access to counsel The Attorney General shall ensure that any alien with a legal, mental or physical disability that prevents him from meaningfully representing himself in proceedings shall have counsel, including counsel appointed by the Attorney General at the expense of the Government. (e) Notice (1) Amendment Section 236 of such Act, as amended by subsection (b)(3), is further amended by inserting before subsection (k), the following: (j) Notice and charges (1) In general Not later than 48 hours after the commencement of a detention of an individual under this section, the Secretary of Homeland Security shall— (A) file a Notice to Appear or other relevant charging document with the immigration court closest to the location at which the individual was apprehended; and (B) serve such notice or charging document on the individual. (2) Custody determination Any individual who is detained under this section for more than 48 hours shall be brought before an immigration judge for a custody determination not later than 72 hours after the commencement of such detention unless the individual waives the right in accordance with paragraph (3). (3) Waiver The requirements of this subsection may be waived for not more than 7 days if the detainee— (A) enters into a written agreement with the Department of Homeland Security to waive such requirements; and (B) is prima facie eligible for immigration benefits or demonstrates prima facie eligibility for a defense against removal. . (2) Applicability of other law Nothing in section 236(f) of the Immigration and Nationality Act, as added by paragraph (1), may be construed to repeal section 236A of such Act ( 8 U.S.C. 1226a ). (f) Issuance of detainers (1) In general Section 287(d) is amended by adding at the end the following: The alien and his or her attorney in the criminal proceeding shall be provided with a written notice of the detainer indicating the intention of the Secretary to assume custody of the alien upon completion of the pending criminal proceedings. The written notice shall include information about the specific basis for issuing the detainer and instructions about how individuals can challenge a detainer lodged in error. Where the State or Federal criminal court has granted pre-trial release, and the alien has complied with conditions of such release, DHS shall not take custody of the alien until resolution of the pending criminal charges. The existence of a detainer shall not be used as a basis for denying pre-trial release. This section is the sole authority for issuance of immigration detainers. . (2) Rulemaking The Secretary shall issue regulations that require officials of the Department of Homeland Security to confirm, before issuing a detainer, the alienage of the individual to be made subject to such detainer. The regulations shall require officials of the Department of Homeland Security to confirm— (A) the alienage of an individual through lawfully obtained information, including the name of the individual; the date of birth of the individual; or the fingerprints of the individual; and (B) whether the individual is removable from the United States. (3) Data collection The Secretary of Homeland Security shall collect data regarding detainers issued under section 287(d) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d) ) including— (A) the criminal charge for which the individual was arrested and/or convicted; (B) the date the detainer was issued; (C) the basis for issuance of the detainer; (D) the date(s) the detainer was lifted; (E) the date(s) of release of the individual ordered by a State or Federal criminal court or other government entity; (F) the date that DHS took custody of the individual; (G) the race and ethnicity and country of origin of the individual against whom the detainer was issued; (H) the disposition of criminal case; (I) the ultimate disposition of immigration case or whether individual was discovered to be a United States citizen; (J) the grounds of removal if applicable and any charges brought by the Secretary; and (K) the number of individuals removed after the Secretary took custody while any criminal matter was still pending. (4) Report on detainers On a yearly basis beginning one year after the date of the enactment of this Act, the Secretary of Homeland Security shall report the results of the Secretary’s data collection to the Department of Homeland Security Inspector General, the Department of Justice Civil Rights Division, Congress, and the Department of Homeland Security Office of Civil Rights and Civil Liberties for purposes of ascertaining the extent to which detainers are erroneously lodged against individuals who are United States citizens or not deportable, how often individuals remain in detention unlawfully past the expiration of the detainer, whether detainers are lodged disproportionately against certain ethnicities, whether the lodging of detainers results in longer incarceration times, and whether detainers are lodged for an investigatory purpose to investigate criminal activity instead of placing individuals in removal proceedings. (5) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2014 through 2018 to carry out this section. 160. Basic protections for vulnerable populations (a) Vulnerable populations (1) In general Not later than 48 hours after the commencement of an immigration-related enforcement activity, the Department of Homeland Security shall screen each detainee to determine whether the detainee is a member of a vulnerable population. (2) Vulnerable populations A member of a vulnerable population includes any of the following: (A) Individuals with a nonfrivolous claim to United States citizenship. (B) Individuals who have a disability or have been determined by a medically trained professional to have medical or mental health needs. (C) Pregnant or nursing women. (D) Individuals who are detained with 1 or more of their children, and their detained children. (E) Individuals who provide financial, physical, and other direct support to their minor children, parents, or other dependents. (F) Individuals who are at least 65 years of age. (G) Children (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )). (H) Victims of abuse, violence, crime, or human trafficking. (I) Individuals who have been referred for a credible fear interview, a reasonable fear interview, or an asylum hearing. (J) Stateless individuals. (K) Individuals who have applied or intend to apply for asylum, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, and entered into force June 26, 1987. (L) Individuals who make a prima facie case for eligibility for relief under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), including returning lawful permanent residents. (M) Any group designated by the Secretary as a vulnerable population. (b) Options regarding detention decisions for vulnerable populations Section 236 of the Immigration and Nationality Act, as amended by this Act, is further amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking (c) and inserting (g) ; (B) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking but and inserting or ; and (iii) by adding at the end the following: (C) the individual’s own recognizance; ; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) may enroll the alien in a secure alternatives program; but ; and (2) by inserting after subsection (a) the following: (b) Detention decision standards (1) Criteria to be considered If an alien is not subject to mandatory detention under subsection (g) or section 236A, the criteria that the Secretary or the Attorney General shall use to demonstrate that detention of the alien is necessary are the following: (A) Whether the alien poses a risk to public safety, including a risk to national security. (B) Whether— (i) the alien poses a risk of flight; and (ii) there are no conditions of release that will reasonably ensure that the alien will appear for immigration proceedings, including bond or other conditions of release that reduce the risk of flight. (2) Exception for mandatory detainees The requirements described in paragraph (1) shall not apply if the Secretary of Homeland Security demonstrates by substantial evidence that the alien is subject to detention under subsection (g). (c) Custody decisions for vulnerable populations (1) In general Not later than 72 hours after an individual is detained under this section (unless the 72-hour requirement is waived in writing by the individual), an individual who is a member of a vulnerable population (as defined by section 5(a)(3) of the Protect Citizens and Residents from Unlawful Detention Act ) shall be released from the custody of the Department of Homeland Security and shall not be subject to electronic monitoring unless the Department demonstrates by a preponderance of the evidence that the individual— (A) is subject to mandatory custody or mandatory detention under subsection (g) or section 236A; (B) poses a risk to the national security of the United States; or (C) is a flight risk and the risk cannot be mitigated through supervision in a non-custodial secure alternatives program. (2) Release An individual shall be released from custody under this subsection— (A) on the individual’s own recognizance; (B) by posting a minimum bond under subsection (a)(2)(a); or (C) on parole in accordance with section 212(d)(5)(A). (d) Decisions To detain aliens (1) In general All detention decisions under this section shall— (A) be made in writing by an official of the Department of Homeland Security; (B) specify the reasons for the decision, if the decision is made to continue the detention without bond or parole; and (C) be served upon the detainee, in the language spoken by the alien, not later than 72 hours after— (i) the commencement of the detention; or (ii) a positive determination of credible fear of persecution or reasonable fear of persecution or torture, if the detainee is subject to section 235 or 241(a)(5). (2) Redetermination (A) Request Any alien detained by the Department of Homeland Security, at any time after being served with the decision described in paragraph (1)(A), may request a redetermination of such decision by an immigration judge. (B) Other decisions All custody decisions by the Secretary of Homeland Security shall be subject to redetermination by an immigration judge. (C) Savings provision Nothing in this paragraph may be construed to prevent a detainee from requesting a bond redetermination. (e) Secure alternatives programs (1) In general The Secretary of Homeland Security shall establish secure alternatives programs to ensure public safety and appearances at immigration proceedings. (2) Contract authority The Secretary shall contract with nongovernmental organizations to conduct screening of detainees, provide appearance assistance services, and operate community-based supervision programs. (3) Individualized determinations When deciding whether to use secure alternatives, the Secretary shall make an individualized determination and review each case on a monthly basis. (4) Custody If an individual is not eligible for release from custody, the Secretary shall consider the alien for placement in secure alternatives that maintain custody over the alien, including the use of electronic ankle devices. The Secretary may use secure alternatives programs to maintain custody over any alien detained under this Act except for aliens detained under section 236A. . 161. Report on protections for vulnerable populations impacted by immigration enforcement activities (a) Requirement for reports Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that describes the impact of immigration-related enforcement activities and fugitive operations on United States citizens, lawful permanent residents, individuals otherwise lawfully present in the United States, and, where possible, undocumented aliens present in the United States. (b) Content The report submitted under subsection (a) shall include an assessment of— (1) the number of individuals apprehended during immigration-related enforcement activities who are children, United States citizens, lawful permanent residents, lawfully present non-citizens; (2) immigration-related apprehensions at homes, schools, school bus stops, day care centers, colleges, places of worship, hospitals, health care clinics, funeral homes, cemeteries, victim services agencies, social services agencies, head start centers, recreation centers, legal service providers, courts and community centers; (3) apprehensions, detentions, and removals of sole caregivers, primary breadwinners, pregnant and nursing mothers, and other vulnerable populations during an immigration-related enforcement activity; (4) the extent to which the Department of Homeland Security cooperates and coordinates with State and local law enforcement during immigration-related enforcement activities; (5) the number of immigration-related enforcement apprehensions resulting from cooperation with State and local law enforcement; (6) whether apprehended individuals are provided access to a telephone; (7) how quickly apprehended individuals are provided access to a telephone; (8) the manner through which family members of the target population of the immigration-related enforcement activity are notified of their family member’s detention; (9) the number of parents, guardians, or caregivers of children removed from the United States; (10) the number of parents, guardians, or caregivers of children removed from the United States whose children accompany or join them; (11) the number of parents, guardians, or caregivers of children removed from the United States who are removed without their children; (12) the number of occasions on which both parents of a particular children are removed from the United States without their children; (13) the length of time the parents, guardians, or caregivers of children were present in the United States before their removal from the United States; (14) the number of United States citizen children that remain in the United States after the removal of a parent, guardian, or caregiver; (15) the number of individuals apprehended determined to be part of a vulnerable population released within specified time limit under section 160(c); (16) the length of time between when an individual is determined to be part of a vulnerable population and that individual is released under section 160(c); (17) the methodology of the Department of Homeland Security for notifying agents and entities under agreement with the Department of Homeland Security about standards regarding enforcement actions concerning vulnerable populations and holding them accountable when such standards are violated; (18) the number of officials of the Department of Homeland Security disciplined for violations during apprehensions and in making detention decisions; (19) transfers of immigrants during the course of an immigration-related enforcement activity, including— (A) whether the immigrants had access to legal counsel before being transferred; (B) whether the immigrant received notice of an impending transfer; and (C) whether the immigrant was evaluated for vulnerability under section 160(a) before being transferred; (20) apprehension procedures for immigration-related enforcement activities, and compliance with screening procedures for vulnerable populations; (21) recommendations for improving immigration-related enforcement activities and fugitive operations by reducing the negative impact on children and vulnerable populations; (22) secure alternatives programs, including the types of programs used, number of individuals placed in theses programs, reasons for not placing immigrants that qualify as a member of a vulnerable population as defined in section 160(a) in these programs, percentage of cases in which adjustment of immigration status is granted, percentage of cases in which removal is undertaken, and frequency of absconding; and (23) the number of individuals apprehended after officials were notified by a health or mental health professional. 162. Family Detention and Unity Protections (a) Definition of Families with Children - Family with Children is defined as any parent or legal guardian who is apprehended with one or more of their children. (b) Placement in removal proceedings Any family with children sought to be removed by the Department of Homeland Security shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ). (c) Custody of families with children The following requirements shall apply with respect to families with children: (1) Families with children shall not be separated or taken into custody except when justified by exceptional circumstances, or when required by law. (2) In exceptional circumstances where release or a secure alternatives program is not an option, the Secretary shall ensure that— (A) special non-penal, residential, home-like facilities that enable families to live as a family unit are designed to house families with children, taking into account the particular needs and vulnerabilities of the children; (B) procedures and conditions of custody are appropriate for families with children; (C) entities with demonstrated experience and expertise in child welfare shall staff and be responsible for the management of facilities housing families with children; (D) no restrictions on freedom of movement; visitations; telephone, internet, library, and law library access; possession of personal property, including personal clothing; age appropriate education; or religious practice shall apply other than to prevent flight and ensure the safety of residents; (E) individualized reviews by an immigration judge of each family’s well being, custody status and the need for continued detention are conducted every 30 days for any family held in such a facility for more than three weeks, and all families shall be notified in writing of the decision and of the individualized reasons for the decision; and (F) parents retain fundamental parental rights and responsibilities, including the discipline of children, in keeping with applicable State laws. (d) Discretionary waiver authority for families with children Section 235(b)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(iii) ) is amended— (1) in subclause (IV), by striking Any alien and inserting Except as provided in subclause (V), any alien ; and (2) by adding at the end the following: (V) Discretionary waiver authority for families with children The Secretary of Homeland Security may decide for humanitarian reasons or significant public benefit not to detain families with children who are otherwise subject to mandatory detention under subclause (IV). . 163. Apprehension procedures for families and parents The Department of Homeland Security and entities under agreement with the Department of Homeland Security shall— (1) offer confidential psychosocial and mental health services to children and family members of such individuals at the time of the apprehension; (2) provide, and advertise in the mainstream and foreign language media, as well as make available to the public via the website of the Department of Homeland Security, a toll-free number through which family members of persons apprehended as a result of an immigration enforcement-related activity may report information relevant to the release of an apprehended family member as a member of a vulnerable population, which will be conveyed to the appropriate Department of Homeland Security official and applicable SSA, and through which State child welfare service providers, family members, and legal counsel representing those who are apprehended may obtain information about the apprehended family members, including their location, in English and the majority language of those who are apprehended; (3) if there is reason to believe that an individual who is apprehended is a parent, legal guardian, or primary caregiver relative of a dependent child in the United States, provide this parent, legal guardian, or primary caregiver relative with— (A) confidential and toll-free telephone calls to arrange for care of dependent children within 2 hours of screening; (B) information regarding and contact information for legal service providers, organizations, and attorneys that can offer free legal advice regarding child welfare and custody determinations; and (C) information regarding and contact information for multiple State and local child welfare providers; (4) ensure that personnel of the Department of Homeland Security and of entities operating under agreement with the Department do not— (A) interrogate or screen individuals in the immediate presence of children; (B) interrogate, arrest, or detain any child apprehended with his or her parent or parents without the presence or consent of a parent, family member, legal guardian, or legal counsel; or (C) compel or request children to translate for other individuals who are encountered as part of an immigration enforcement-related activity; and (5) ensure that the best interests of children are considered in decisions and actions relating to the detention or release of any individual apprehended by the Department of Homeland Security, and that there be a preference for family unity whenever appropriate. 164. Child welfare services for children separated from parents detained or removed from the United States for immigration violations (a) State plan requirements Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— (1) by striking and at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ; and ; and (3) by adding at the end the following: (34) provides that the State shall— (A) create and implement protocols to provide guidance on how all employees of State agencies providing services to children under the State plan should handle cases of separated children that take into account the best interest of the child, including consideration of the best outcome for the family of the child; (B) develop and implement memoranda of understanding or protocols with the Department of Homeland Security, Federal, State, and local government agencies to facilitate communication between the agencies and such a child, a parent, guardian, or relative referred to in section 475(9)(B), family members of such a child, family courts, providers of services to such a child under the State plan, providers of long-term care to such a child, and legal representatives of such a child or of such a parent, guardian, or relative; (C) develop and implement joint protocols and training with law enforcement agencies to minimize the trauma, at the time of the apprehension of such a parent, guardian, or relative, to a child who will become a separated child as a result of the apprehension, including protocols and training for apprehension of such a parent, guardian, or relative in the presence of the child and how to best ensure appropriate and prompt care arrangements for the child; (D) ensure that the case manager for such a child is capable of communicating in the native language of the child and of the family of the child, or an interpreter who is so capable is provided to communicate with the child and the family of the child at no cost to the child or the family of the child; (E) require that, in all decisions and actions relating to the care, custody, and placement of such a child, the best interest of the child, including the best outcome for the family of the child, be considered, and ensure that the decisions are based on clearly articulated factors that do not include predictions or conclusions about immigration status or pending Federal immigration proceedings; and (F) coordinate with the Department of Homeland Security, foreign consular officials and nongovernmental organizations designated by the Secretary to ensure that parents of such a child who wish for the child to accompany them to their country of origin are given adequate time to obtain a passport and visa, collect all relevant vital documents such as birth certificate, health and educational records, and other information. . (b) Additional information To be included in case plan Section 475(1) of such Act ( 42 U.S.C. 675(1) ) is amended by adding at the end the following: (H) In the case of a separated child with respect to whom the State plan requires the State to provide services pursuant to section 471(a)(34)— (i) the location of the parent, guardian, or relative referred to in paragraph (9)(B) of this subsection from whom the child has been separated; and (ii) a written record of each disclosure to a government agency or person (other than such a parent, guardian, or relative) of information gathered in the course of tracking the care, custody, and placement of, and follow-up services provided to, the child. . (c) Separated children defined Section 475 of such Act ( 42 U.S.C. 675 ) is amended by adding at the end the following: (9) The term separated children means individuals who— (A) have a parent, legal guardian, or primary caregiver relative who has been detained by a Federal, State, or local law enforcement agency in the enforcement of an immigration law, or removed from the United States as a result of a violation of such a law; and (B) are in foster care under the responsibility of a State. . 165. Vulnerable population and child welfare training for immigration enforcement officers (a) Mandatory training (1) In general The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, and independent child welfare experts shall mandate live specialized training of all Federal personnel, relevant personnel employed by those States reimbursed for activities related to care and services for separated children, and State and local personnel and relevant SSAs, who come into contact with vulnerable populations as defined at section 160(a) in all relevant legal authorities, policies, and procedures pertaining to the humanitarian and due process protections for these vulnerable populations. (2) Vulnerable populations Such personnel shall be trained to work with vulnerable populations, including identifying members of a vulnerable population, and identifying members of a vulnerable population for whom asylum or special juvenile immigrant relief may be appropriate. (3) Mental health needs Personnel shall establish collaborative relationships with local mental health professionals to provide training in preparation for apprehensions of individuals with mental health needs. (4) Best practices Participants will be required to undertake periodic and continuing training on best practices and changes in the law, policies, and procedures for these vulnerable populations. (b) Memoranda of understanding The Secretary of Homeland Security shall require all law enforcement agencies under agreement with the Department of Homeland Security to establish Memoranda of Understanding with SSAs with respect to the availability of services relevant to the humanitarian and due process protections for vulnerable populations as defined in section 160(a). 166. Access for parents, legal guardians, and, primary caregiver relatives (a) In general The Secretary of the Department of Homeland Security shall ensure that all detention facilities operated by or under agreement with the Department take steps to preserve family unity and ensure that the best outcome for families can be considered in decisions and actions relating to the custody of children whose parent, legal guardian, or primary caregiver relative is detained by reason of the parent’s, legal guardian’s, or primary caregiver relative’s immigration status. (b) Training The Secretary of Homeland Security, in consultation with the Department of Health and Human Services, the Department of Justice, the Department of State, and independent family law experts, shall mandate live, specialized training of all personnel at detention facilities operated by the Department of Homeland Security or under agreement with the Department of Homeland Security in all relevant legal authorities, policies and procedures related to ensuring that parents, legal guardians, and primary caregiver relatives of children have regular, ongoing and in-person access to children, State family courts, consular officers and staff of State social service agencies responsible for administering child welfare programs. Such personnel shall be required to undertake periodic and continuing training on best practices and changes in relevant law, policies, and procedures pertaining to the preservation of family unity. (c) Access to children, local and state courts, child protective services, and consular officials The Secretary of Homeland Security shall be responsible for— (1) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age are granted free and confidential phone calls with their children on a daily basis; (2) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age are permitted regular contact visits with their children; (3) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age are able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceeding impacting upon custody of their children; (4) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age are able to fully participate in and comply with all family court orders impacting upon custody of their child; (5) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age have regular, on-site access to reunification programming including parenting classes; (6) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age are provided with contact information for child protective services entities and family courts in all fifty States, the District of Columbia, all United States territories, and are granted free, confidential, and unlimited telephone access to child protective services entities and family courts to report child abuse, abandonment or neglect; (7) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age are granted regular, confidential and in-person access to consular officials; free, unlimited, confidential phone calls to consular officials; and access to United States passport applications for the purpose of obtaining travel documents for their children; (8) ensuring that detained parents, legal guardians, and primary caregiver relatives of children under 18 years of age who wish to take their children with them to their country of origin are granted adequate time prior to being removed to obtain a passport and other relevant travel documents necessary for children to accompany them on their return to their country of origin or join them in their country of origin; and (9) facilitating detained parents’, legal guardians’, and primary caregiver relatives’ ability to reunify with their children under 18 years of age at the time of removal to their country of origin, including providing information about the detained parent, legal guardian, or primary caregiver relative’s travel arrangements to State social service agencies or other caregivers. 167. Enhanced protections for vulnerable unaccompanied alien children and female detainees (a) Mandatory training The Secretary of Homeland Security, in consultation with the Office of Refugee Resettlement of the Department of Health and Human Services and independent child welfare experts, shall mandate live training of all personnel who come into contact with unaccompanied alien children (as defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 )) in all relevant legal authorities, policies, and procedures pertaining to this vulnerable population. (b) Care and transportation Notwithstanding any other provision of law, the Secretary of Homeland Security shall ensure that all unaccompanied children who will undergo any immigration proceedings before the Department of Homeland Security and the Executive Office for Immigration Review are duly transported and placed in the care and legal and physical custody of the Office of Refugee Resettlement within a maximum of 24 hours of their apprehension absent narrowly defined exceptional circumstances, including a natural disaster or comparable emergency beyond the control of the Secretary of Homeland Security or the Office of Refugee Resettlement. The Secretary of Homeland Security shall ensure that female officers are responsible and at all times present during the transfer and transport of female detainees who are in the custody of the Secretary of Homeland Security. (c) Notification The Secretary of Homeland Security shall immediately notify the Office of Refugee Resettlement of an unaccompanied alien child in the custody of the Department of Homeland Security to effectively and efficiently coordinate the child’s transfer to and placement with the Office of Refugee Resettlement. (d) Notice of rights and access to counsel The Secretary of Homeland Security shall ensure that an independent licensed social worker, as described in section 153(b)(1)(A), provides all unaccompanied alien children upon apprehension with both a video orientation and oral and written notice of their rights under the Immigration and Nationality Act including their rights to relief from removal and their rights to confer with counsel (as guaranteed under section 292 of such Act), family, or friends while in the Department of Homeland Security’s temporary custody and relevant complaint mechanisms to report any abuse or misconduct they may have experienced. The Secretary of Homeland Security shall ensure that the video orientation and written notice of rights is available in English and in the five most common native languages spoken by the unaccompanied children held in custody at that location during the preceding fiscal year, and that the oral notice of rights is available in English and in the most common native language spoken by the unaccompanied children held in custody at that location during the preceding fiscal year. (e) Confidentiality The Secretary of Health and Human Services shall maintain the privacy and confidentiality of all information gathered in the course of providing care, custody, placement and follow-up services to unaccompanied alien children, consistent with the best interest of the unaccompanied alien child, by not disclosing such information to other government agencies or nonparental third parties. The Secretary may share information when authorized to do so by the child and when consistent with the child’s best interest. The Secretary may provide information to a duly recognized law enforcement entity, if such disclosure would prevent imminent and serious harm to another individual. All disclosures shall be duly recorded in writing and placed in the child’s files. (f) Other policies and procedures The Secretary shall further adopt fundamental child protection policies and procedures— (1) for reliable age-determinations of children which exclude the use of fallible forensic testing of children’s bone and teeth developed in consultation with medical and child welfare experts; (2) to ensure the safe and secure repatriation and reintegration of unaccompanied alien children to their home countries through specialized programs developed in close consultation with the Secretary of State, the Office of the Refugee Resettlement and reputable independent child welfare experts including placement of children with their families or nongovernmental agencies to provide food, shelter and vocational training and microfinance opportunities; (3) to utilize all legal authorities to defer the child’s removal if the child faces a risk of life-threatening harm upon return including due to the child’s mental health or medical condition; and (4) to ensure that unaccompanied alien children (as defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 )) are physically separated from any adult who is not a family member, guardian, or caregiver and are separated by sight and sound from immigration detainees and inmates with criminal convictions, pretrial inmates facing criminal prosecution, children who have been adjudicated delinquents or convicted of adult offenses or are pending delinquency or criminal proceedings, and those inmates exhibiting violent behavior while in detention as is consistent with the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ). 168. Preventing unnecessary detention of refugees Section 209 of the Immigration and Nationality Act ( 8 U.S.C. 1159 ) is amended— (1) in subsection (a)(1) by striking return or be returned to the Department of Homeland Security for inspection and examination for admission and also in accordance with the provisions of sections 235, 240, and 241 and inserting be eligible for adjustment of status ; (2) in subsection (a)(2) by striking upon inspection and examination ; and (3) in subsection (c) by adding at the end An application for adjustment under this section may be filed up to 3 months before the date the applicant would first otherwise be eligible for adjustment under this section. . 169. Reports on protections from unlawful detention (a) Report requirement Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall prepare and submit a report to Congress that describes the impact of worksite and fugitive operations on United States citizens, lawful permanent residents, and individuals otherwise lawfully present in the United States. (b) Content The report submitted under subsection (a) shall include an assessment of— (1) (A) United States Immigration and Customs Enforcement protocol for humanitarian screening during a worksite enforcement action; (B) the compliance with such protocol; and (C) the nature of any related protocol in smaller worksite or nonworksite actions; (2) collateral arrests under the National Fugitive Operations Program and worksite enforcement initiatives; (3) whether individuals detained in an immigration-related enforcement activity are notified of their right to counsel; (4) whether United States Immigration and Customs Enforcement agents— (A) use excessive force in executing warrants, arrests, detentions, or other immigration-enforcement activities; (B) enter private homes or residences without a search warrant or consent; or (C) display and use weapons during immigration-enforcement activities or interrogations; (5) whether United States Immigration and Customs Enforcement agents identify themselves when entering a location for enforcement purposes; (6) the conditions under which individuals are confined; (7) whether detainees are notified of their rights in a language they can understand; (8) whether individuals detained during a raid or an immigration enforcement activity are forced or coerced to sign any documents or waive any rights without consulting with an attorney; (9) the procedures used by the Department of Homeland Security— (A) to notify agents about humanitarian standards regarding enforcement actions; and (B) hold agents accountable when they violate such standards; (10) the per detainee cost of each raid involving more than 50 detainees; (11) the number of United States Immigration and Customs Enforcement agents disciplined for violations in detention proceedings; and (12) recommendations for improving worksite operations and fugitive operations. (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. 170. Rulemaking Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this subtitle and the amendments made by this subtitle. C Enforcement 181. Labor enforcement (a) Labor enforcement actions Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended to add a new paragraph (10). (10) Conduct in enforcement actions (A) Enforcement action When an enforcement action is undertaken by the Department of Homeland Security and the Department receives information that there is a labor dispute in progress, or that information was provided to the Department of Homeland Security to retaliate against employees for exercising their employment rights, the Department shall ensure that any aliens who are arrested or detained and are necessary for the prosecution of any labor or employment law violations are not removed from the country without notifying the appropriate law enforcement agency that has jurisdiction over the violations and providing the agency with the opportunity to interview such aliens. The Department shall ensure that no aliens entitled to a stay of removal under this section are removed. (B) Interviews Any arrangements for aliens to be held or interviewed shall be made in consultation with the relevant labor and employment law enforcement agencies. (C) Stay of removal (i) An alien against whom removal proceedings have been initiated pursuant to chapter 4 of title III of the Immigration and Nationality Act, who has filed a workplace claim or who is a material witness in any pending or anticipated proceeding involving a workplace claim, shall be entitled to a stay of removal and to an employment authorized endorsement unless the Department establishes by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien’s removal hearing that— (I) the Department initiated the alien’s removal proceeding for wholly independent reasons and not in any respect based on, or as a result of, any information provided to or obtained by the Department from the aliens employer, from any outside source, including any anonymous source, or as a result of the filing or prosecution of the workplace claim; and (II) the workplace claim was filed in a bad faith with the intent to delay or avoid the alien’s removal. (ii) Any stay of removal or work authorization issued pursuant to subsection (i) shall remain valid and in effect at least during the pendency of the proceedings concerning such workplace claim. The Secretary of Homeland Security shall extend such relief for a period of not longer than 3 additional years upon determining that— (I) such relief would enable the alien asserting the workplace claim to be made whole; (II) the deterrent goals of any statute underlying the workplace claim would thereby be served; or (III) such extension would otherwise further the interests of justice. (iii) In this section— (I) the term workplace claim shall include any claim, charge, complaint, or grievance filed with or submitted to the employer, a Federal or State or local agency or court, or an arbitrator, to challenge an employer’s alleged civil or criminal violation of any legal or administrative rule or requirement affecting the terms or conditions of its workers employment, the treatment of workers, or the hiring or firing of its workers; and (II) the term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. . (b) Whistleblower protections; Victims of criminal activity Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii)— (A) by striking or before attempt ; and (B) by adding at the end the following: a civil violation of Federal, State, or local employment or labor laws; and ; and (3) by adding at the end the following: (iv) the Secretary may not grant a petition filed by an alien based on a civil violation of Federal employment or labor laws unless the alien has— (I) a reasonable fear of retaliation based on immigration status; (II) has been threatened with retaliation based on immigration; or (III) has been retaliated against based on immigration status for attempting to remedy such violations; or . 182. Mandatory address reporting requirements (a) Clarifying address reporting requirements Section 265 ( 8 U.S.C. 1305 ) is amended— (1) in subsection (a)— (A) by striking notify the Attorney General in writing and inserting submit written or electronic notification to the Secretary of Homeland Security, in a manner approved by the Secretary, ; (B) by striking the Attorney General may require and inserting the Secretary may require ; and (C) by adding at the end the following: If the alien is involved in proceedings before an immigration judge or in an administrative appeal of such proceedings, the alien shall submit to the Attorney General the alien’s current address and a telephone number, if any, at which the alien may be contacted. ; (2) in subsection (b), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (3) in subsection (c), by striking given to such parent and inserting given by such parent ; and (4) by adding at the end the following: (d) Address To be provided (1) In general Except as otherwise provided by the Secretary under paragraph (2), an address provided by an alien under this section shall be the alien’s current residential mailing address, and shall not be a post office box or other nonresidential mailing address or the address of an attorney, representative, labor organization, or employer. (2) Specific requirements The Secretary may provide specific requirements with respect to— (A) designated classes of aliens and special circumstances, including aliens who are employed at a remote location; and (B) the reporting of address information by aliens who are incarcerated in a Federal, State, or local correctional facility. (3) Detention An alien who is being detained by the Secretary under this Act is not required to report the alien’s current address under this section during the time the alien remains in detention, but shall be required to notify the Secretary of the alien’s address under this section at the time of the alien’s release from detention. (e) Use of most recent address provided by the alien (1) In general Notwithstanding any other provision of law, the Secretary may provide for the appropriate coordination and cross referencing of address information provided by an alien under this section with other information relating to the alien’s address under other Federal programs, including— (A) any information pertaining to the alien, which is submitted in any application, petition, or motion filed under this Act with the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor; (B) any information available to the Attorney General with respect to an alien in a proceeding before an immigration judge or an administrative appeal or judicial review of such proceeding; (C) any information collected with respect to nonimmigrant foreign students or exchange program participants under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372 ); and (D) any information collected from State or local correctional agencies pursuant to the State Criminal Alien Assistance Program. (2) Reliance The Secretary may rely on the most recent address provided by the alien under this section or section 264 to send to the alien any notice, form, document, or other matter pertaining to Federal immigration laws, including service of a notice to appear. The Attorney General and the Secretary may rely on the most recent address provided by the alien under section 239(a)(1)(F) to contact the alien about pending removal proceedings. (3) Obligation The alien’s provision of an address for any other purpose under the Federal immigration laws does not excuse the alien’s obligation to submit timely notice of the alien’s address to the Secretary under this section (or to the Attorney General under section 239(a)(1)(F) with respect to an alien in a proceeding before an immigration judge or an administrative appeal of such proceeding). (f) Requirement for database The Secretary of Homeland Security shall establish an electronic database to timely record and preserve addresses provided under this section. . (b) Conforming changes with respect to registration requirements Chapter 7 of title II ( 8 U.S.C. 1301 et seq. ) is amended— (1) in section 262(c), by striking Attorney General and inserting Secretary of Homeland Security ; (2) in section 263(a), by striking Attorney General and inserting Secretary of Homeland Security ; and (3) in section 264— (A) in subsections (a), (b), (c), and (d), by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and (B) in subsection (f)— (i) by striking Attorney General is authorized and inserting Secretary of Homeland Security and Attorney General are authorized ; and (ii) by striking Attorney General or the Service and inserting Secretary or the Attorney General . (c) Effect on eligibility for immigration benefits If an alien fails to comply with section 262, 263, or 265 of the Immigration and Nationality Act ( 8 U.S.C. 1302 , 1303, and 1305) or section 264.1 of title 8, Code of Federal Regulations, or removal orders or voluntary departure agreements based on any such section for acts committed prior to the enactment of this Act such failure shall not affect the eligibility of the alien to apply for a benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (d) Technical amendments Section 266 ( 8 U.S.C. 1306 ) is amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security . (e) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions The amendments made by paragraphs (1)(A), (1)(B), (2), and (3) of subsection (a) shall take effect as if enacted on March 1, 2003. 183. Preemption of State and local law (a) Preemption This Act preempts any State or local law, contract, license, or other standard, requirement, action or instrument— (1) discriminating among persons on the basis of immigration status, except as specifically authorized in Federal law; or (2) imposing any sanction or liability— (A) on any individual based on his or her immigration status; (B) on any person or entity based on the immigration status of its clients, employees, tenants, or other associates; or (C) relating to a violation or alleged violation of immigration law. (b) Definition For purposes of this section, immigration status refers to a person’s present or previous: visa classification, refugee status, temporary protected status, status as an immigrant lawfully admitted for permanent residence, lawful presence, work authorization, or other classification or category created by, or related to this, Act or the Immigration and Nationality Act. 184. Delegation of immigration authority Section 287(g) ( 8 U.S.C. 1357(g) ) is amended to read as follows: (g) Except as provided in section 103(a)(10), 242, or 274(c), the authority to investigate, identify, apprehend, arrest, or detain persons for a violation of any section of this Act or regulation pursuant to this Act is restricted to immigration officers and employees of the Department. Any such authority is further subject to any specific limitations set forth in this Act. . 185. Immigration and Customs Enforcement Ombudsman (a) Establishment Subtitle D of title III of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Immigration and Customs Enforcement Ombudsman (a) In general There established in the Department of Homeland Security a position of Immigration and Customs Enforcement Ombudsman (referred to in this section as the Ombudsman ). (b) Requirements The Ombudsman shall— (1) report directly to the Assistant Secretary for Immigration and Customs Enforcement (referred to in this section as the Assistant Secretary ); and (2) have a background in immigration law. (c) Functions The Ombudsman shall— (1) undertake regular and unannounced inspections of detention facilities and local offices of United States Immigration and Customs Enforcement to determine whether the facilities and offices comply with relevant policies, procedures, standards, laws, and regulations; (2) report all findings of compliance or noncompliance of the facilities and local offices described in paragraph (1) to the Secretary and the Assistant Secretary; (3) develop procedures for detainees or their representatives to submit confidential written complaints directly to the Ombudsman; (4) investigate and resolve all complaints, including confidential and anonymous complaints, related to decisions, recommendations, acts, or omissions made by the Assistant Secretary or the Commissioner of United States Customs and Border Protection in the course of custody and detention operations; (5) initiate investigations into allegations of systemic problems at detention facilities; (6) conduct any review or audit relating to detention, as directed by the Secretary or Assistant Secretary; (7) refer matters, as appropriate, to the Office of Inspector General of the Department of Justice, the Office of Civil Rights and Civil Liberties of the Department, or any other relevant office or agency; (8) propose changes in the policies or practices of United States Immigration and Customs Enforcement to improve the treatment of United States citizens and residents, immigrants, detainees, and others subject to immigration-related enforcement operations; (9) establish a public advisory group consisting of nongovernmental organization representatives and Federal, State, and local government officials with expertise in detention and vulnerable populations to provide the Ombudsman with input on— (A) the priorities of the Ombudsman; and (B) current practices of United States Immigration and Customs Enforcement; and (10) recommend to the Assistant Secretary personnel action based on any finding of noncompliance. (d) Annual report (1) Objectives Not later than June 30 of each year, the Ombudsman shall prepare and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the objectives of the Office of the Ombudsman for the next fiscal year. (2) Contents Each report submitted under paragraph (1) shall include— (A) full and substantive analysis of the objectives of the Office of the Ombudsman; (B) statistical information regarding such objectives; (C) a description of each detention facility found to be in noncompliance with the detention standards of the Department of Homeland Security or other applicable regulations; (D) a description of the actions taken by the Department of Homeland Security to remedy any findings of noncompliance or other identified problems; (E) information regarding whether the actions described in subparagraph (D) resulted in compliance with detention standards; (F) a summary of the most pervasive and serious problems encountered by individuals subject to the enforcement operations of the Department of Homeland Security, including a description of the nature of such problems; and (G) such other information as the Ombudsman may consider advisable. . (b) Amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by inserting after the item relating to section 446 the following: Sec. 447. Immigration and Customs Enforcement Ombudsman. . 186. Eliminating arbitrary bar to asylum Section 208(a)(2) ( 8 U.S.C. 1158(a)(2) ) is amended— (1) by striking subparagraph (B); (2) in subparagraph (C), by striking (D) and inserting (C) ; (3) in subparagraph (D), by striking subparagraphs (B) and (C), and inserting subparagraph (B), ; and (4) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. 187. Restoration of judicial review Section 242 ( 8 U.S.C. 1252 ) is amended— (1) by striking subsection (a)(2) (matters not subject to judicial review); (2) in subsection (b)(1), by striking 30 days and inserting 60 days ; (3) in subsection (b)(3)(B), by striking does not and inserting shall ; (4) in subsection (b)(3)(C), by striking shall and inserting may ; (5) in subsection (b)(4)(B), by striking any reasonable adjudicator would be compelled to conclude to the contrary and inserting the findings are not supported by substantial evidence ; (6) in subsection (b)(8)(C), by inserting unless a stay is automatically granted by any provision of law or any court of competent jurisdiction after to defer removal of the alien ; (7) in subsection (b)(9), by striking Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28 or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to review such an order or such questions of law or fact. ; (8) by striking subsection (e)(1)(B); (9) in subsection (e)(2)(B) by inserting lawfully after was and before ordered ; (10) by striking subsection (e)(3); (11) by redesignating subsection (e)(4) as subsection (e)(3); (12) by redesignating subsection (e)(5) as subsection (e)(4); (13) by striking subsection (f); (14) by redesignating subsection (g) as subsection (f); and (15) in subsection (g) (as so redesignated), by striking and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, . II Employment Verification 201. Employment verification (a) In general Section 274A ( 8 U.S.C. 1324a ) is amended to read as follows: 274A. Employment verification (a) Making employment of unauthorized aliens unlawful (1) In general It is unlawful for an employer— (A) to hire, recruit, or refer for a fee an alien for employment in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to such employment; or (B) to hire in the United States an individual unless such employer meets the requirements of subsections (b) and (c). (2) Continuing employment It is unlawful for an employer, after lawfully hiring an alien for employment, to continue to employ the alien in the United States knowing that the alien is (or has become) an unauthorized alien with respect to such employment. (3) Use of labor through contract An employer who uses a contract, subcontract, or exchange entered into, renegotiated, or extended after the date of the enactment of this Act to obtain the labor of an alien in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). (4) Treatment of documentation for certain employees (A) In general For purposes of this section, if— (i) an individual is a member of a collective bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association; and (ii) within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) of this section with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) of this section with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (d)(4) of this section. (B) Period The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States. (C) Liability (i) In general If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) of this section and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States. (ii) Rebuttal of presumption The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States. (iii) Exception Clause (i) shall not apply in any prosecution under subsection (e)(1) of this section. (5) Order of internal review and certification of compliance (A) Authority to require certification If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that the employer is in compliance with this section or has instituted a program to come into compliance with the section. (B) Content of certification Not later than 60 days after the date an employer receives a request for a certification under subparagraph (A) the employer shall certify under penalty of perjury that— (i) the employer is in compliance with the requirements of subsections (b) and (c); or (ii) that the employer has instituted a program to come into compliance with such requirements. (C) Extension The 60-day period referred to in subparagraph (B), may be extended by the Secretary for good cause, at the request of the employer. (D) Publication The Secretary is authorized to publish in the Federal Register standards or methods for certification under subparagraph (A) and for specific recordkeeping practices with respect to such certification, and procedures for the audit of any records related to such certification. (6) Defense (A) In general Subject to subparagraph (B), an employer that establishes that the employer has complied in good faith, notwithstanding a technical or procedural failure, with the requirements of subsections (b) and (c) with respect to the hiring of an individual has established an affirmative defense that the employer has not violated paragraph (1)(B) with respect to such hiring. (B) Exception Until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (c), the employer may establish an affirmative defense under subparagraph (A) without a showing of compliance with subsection (c). (7) No authorization of national identification cards Nothing in this title may be construed to authorize, directly or indirectly, the issuance, use, or establishment of a national identification card or a national identification system. (b) Document verification requirements An employer hiring an individual for employment in the United States shall verify that the individual is eligible for such employment by meeting the following requirements: (1) Attestation by employer (A) Requirements (i) In general The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and eligibility for employment of the individual by examining an original, unexpired document or documents described in section 274a.2(b)(1)(v) of title 8, Code of Federal Regulations as evidence of the individual’s employment authorization and identity. (ii) Signature requirements An attestation required by clause (i) may be manifested by a handwritten or electronic signature. (iii) Standards for examination An employer has complied with the requirement of this paragraph with respect to examination of a document if the document examined reasonably appears on its face to be genuine and relates to the individual whose identity and eligibility for employment in the United States is being verified. Nothing in this paragraph may be construed as requiring the employer to solicit the production of any other document or as requiring the individual to produce such other document. (B) Authority to prohibit use of certain documents (i) Authority If the Secretary finds that a document or class of documents described in subparagraph (A)(i) is not reliable to establish identity or eligibility for employment (as the case may be) or is being used fraudulently to an unacceptable degree, the Secretary is authorized to prohibit, or impose conditions on, the use of such document or class of documents for purposes of this subsection. (ii) Requirement for publication The Secretary shall publish notice of any findings under clause (i) in the Federal Register. (2) Attestation of individual (A) In general The individual shall attest, under penalty of perjury on a form prescribed by the Secretary, that the individual is— (i) a national of the United States; (ii) an alien lawfully admitted for permanent residence; or (iii) an alien who is authorized under this Act or by the Secretary to be employed in the United States. (B) Signature for examination An attestation required by subparagraph (A) may be manifested by a handwritten or electronic signature. (C) Penalties An individual who falsely attests that he or she is eligible for employment in the United States shall be subject to the terms and penalties regarding document fraud described in section 274C of the Immigration and Nationality Act. (D) Schedule (i) Replacement documents An employer shall accept a receipt for the application for a replacement document or a document described in subparagraph (B) of subsection (b)(1) in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following circumstances: (I) The individual is unable to provide the required document within the time specified in this section because the document was lost, stolen, or damaged. (II) The individual presents a receipt for the application for the document within the time specified in this section. (III) The individual presents the document within 90 days of the hire. If the actual document or replacement document is to be issued by the United States Citizenship and Immigration Services and the application is still under review 60 days after receipt of the application, United States Citizenship and Immigration Services shall, not later than the 60th day after receipt of the application, issue a letter for the applicant to take to the employer which shall automatically grant the individual an additional 90 days from the original deadline in subsection (b)(6)(A)(i)(II) to present the document or replacement document. (ii) Prohibition on acceptance of a receipt for short-term employment An employer may not accept a receipt in lieu of the required document if the individual is hired for a duration of less than 10 working days. (3) Document retention and recordkeeping requirements The System described in subsection (c) shall include an auto-save feature allowing the employer to retain an electronic version of an attestation submitted under paragraph (1) or (2) for an individual and a record of any action taken, and copies of any correspondence written or received, with respect to the verification of an individual’s identity or eligibility for employment in the United States, including records received through the Electronic Employment Verification System under subsection (c). The employer shall retain such records, either in electronic, paper, microfiche, or microfilm form, and make such attestations available for inspection by an officer of the Department of Homeland Security, any other person designated by the Secretary, the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, or the Secretary of Labor— (A) during a period beginning on the date of the hiring of the individual and ending on the date that is the later of— (i) 3 years after the date of such hiring; or (ii) 1 year after the date the individual’s employment is terminated; or (B) during a shorter period determined by the Secretary, if the Secretary reduces the period described in subparagraph (A) for the employer or a class of employers that includes the employer. (4) Use of retained documents An employer shall use copies retained under clause (i) or (ii) of subparagraph (A) only for the purposes of complying with the requirements of this subsection, except as otherwise permitted under law. (5) Penalties An employer that fails to comply with the requirement of this subsection shall be subject to the penalties described in subsection (d)(4)(B). (c) Electronic employment verification system (1) Requirement for system The Secretary, in cooperation with the Commissioner of Social Security, shall implement an Electronic Employment Verification System (referred to in this subsection as the System ) as described in this subsection. (2) Technology standard to verify employment eligibility (A) In general The Secretary, based upon recommendations from the Director of the National Institute of Standards and Technology, shall not later than 180 days after the date of the enactment of the this Act develop and certify a technology standard as described in this subparagraph. The Secretary shall have discretion to extend the 180-day period if the Secretary determines that such extension will result in substantial improvement of the System. (B) Integrated Notwithstanding any other provision of Federal law, the technology standard developed shall be the technological basis for a secure cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully integrated means to share immigration and Social Security information necessary to confirm the employment eligibility of all individuals seeking employment while protecting individual privacy. (C) Report Not later than 18 months after the date of the enactment of this Act, the Secretary and the Director of the National Institute of Standards and Technology shall jointly submit to Congress a report describing the development, implementation, efficacy, and privacy implications of the technology standard and the System. (3) Identity and employment eligibility verification An employer shall verify the identity and eligibility for employment of an individual hired by the employer through the System as follows: (A) Initial inquiry The employer shall submit through the Internet or other electronic media, or over a telephone line an inquiry through the System to seek confirmation of the individual’s identity and eligibility for employment in the United States not earlier than on the first day such employment actually commences and not later than 5 working days after the date such employment actually commences. (i) In general The Secretary, through the System, shall confirm or tentatively nonconfirm an individual’s identity and eligibility for employment in the United States not later than 1 working day after an employer submits an inquiry regarding the employee. (ii) Manual verification If the System provides a tentative nonconfirmation with respect to an individual under clause (i), the Secretary and/or Commissioner shall complete a secondary manual verification not later than 6 working days after such tentative nonconfirmation is made. (iii) Determination Not later than 10 days after the employer submits an inquiry under subparagraph (A) the Secretary, through the System, shall provide to the employer the results of the verification required by clause (i) and (ii). Such results shall be a determination that— (I) confirms the individual’s identity and eligibility for employment in the United States; or (II) the System is tentatively unable to confirm the individual’s identity or eligibility for employment (referred to in this section as a tentative nonconfirmation ). (B) Submission of information An individual who is the subject of a tentative nonconfirmation may submit to the Secretary or Commissioner, through the System, information to confirm such individual’s identity or eligibility for employment or to otherwise contest such tentative nonconfirmation not later than 15 working days after the individual receives notice of such tentative nonconfirmation. (C) Extension The 15-day period referred to in subparagraph (B) may be extended by the Secretary for good cause at the request of the individual. (D) Prohibition on termination for tentative nonconfirmation An employer may not terminate the employment of an individual based on tentative nonconfirmation. (E) Final determination Not later than 10 days after the individual contests such tentative nonconfirmation or, in the case of an individual who fails to contest such tentative nonconfirmation, not later than 25 days after the date of the initial tentative nonconfirmation, the Secretary shall provide, through the system to the employer the results of the verification. Such results shall be a determination that— (i) confirms the individual’s identity and eligibility for employment in the United States; or (ii) the System is unable to confirm the individual’s identity or eligibility for employment (referred to in this section as a final nonconfirmation ). (F) Administrative and judicial review If the Secretary, through the System, provides a final nonconfirmation with respect to an individual, the individual shall have the right to administrative review under paragraph (21) and judicial review under paragraph (22) of such final nonconfirmation. (G) Termination of employee If an employer receives a final nonconfirmation with respect to an individual under paragraph (E), the employer shall terminate the employment of such individual after the conclusion of the 30-day period for the individual to file an administrative appeal as described in paragraph (21), unless the Secretary or the Commissioner stays the final nonconfirmation notice pending the resolution of the administrative appeal or judicial review. (H) Right to review and correct system information (i) The Secretary, in consultation with the Commissioner of Social Security, shall establish procedures to permit an individual to verify the individual’s eligibility for employment in the United States prior to obtaining or changing employment, to view the individual’s own records in the System in order to ensure the accuracy of such records, and to correct or update the information used by the System regarding the individual. To the greatest practicable extent such procedures shall allow electronic submission of such information. (ii) The Secretary, in consultation with the Commissioner of Social Security, shall establish procedures for an Enhanced Verification System under paragraph (25) through which an individual who has viewed the individual’s own record may electronically block he use of the individual’s social security number and may register a phone number or e-mail address to be contacted upon removal of the block under the System and remove such block in order to prevent the fraudulent or other misuse of a social security account number, prevent employer misuse of the system, protect privacy, and limit erroneous non-confirmations during employment verification. (I) Reverification (i) In general It is an unfair immigration-related employment practice under section 274B for an employer to reverify an individual’s identity and employment eligibility unless— (I) the individual’s work authorization expires as described in section 274a.2(b)(1)(vii) of title 8, Code of Federal Regulations or a subsequent similar regulation, in which case— (aa) not later than 30 days prior to the expiration of the individual’s work authorization, the Secretary shall notify the employer of such expiration and of the employer’s need to reverify the individual’s employment eligibility; and (bb) the individual may present, and the employer shall accept, a receipt for the application for a replacement document, extension of work authorization, or a document described in clause (i) through (v) of subparagraph (B) of subsection (b)(1) in lieu of the required document by the expiration date in order to comply with any requirement to examine documentation imposed by this section, and the individual shall present the required document within 90 days from the date the employment authorization expires. If the actual document or replacement document is to be issued by United States Citizenship and Immigration Services and the application is still under review 60 days after the employment authorization expiration date, United States Citizenship and Immigration Services shall by the 60th day after the expiration date of the employment authorization, issue a letter for the applicant to take to the employer which shall automatically grant the individual an additional 90 days to present the document or replacement document; and (II) the employer has actual or constructive knowledge that the individual is not authorized to work in the United States; or (III) unless otherwise required by law. (ii) Continuing employment An employer may not verify an individual’s employment eligibility if the individual is continuing in his or her employment as described in section 274a.2(b)(1)(viii) of title 8, Code of Federal Regulations or any subsequent similar regulation. (4) Design and operation of system The Secretary, in consultation with the Commissioner of Social Security, shall design and operate the System— (A) to maximize reliability and ease of use by employers and employees in a manner that protects and maintains the privacy and security of the information maintained in the System; (B) to permit an employer to submit an inquiry to the System through the Internet or other electronic media or over a telephone line; (C) to respond to each inquiry made by an employer; (D) to maintain a record of each such inquiry and each such response; (E) to track and record any occurrence when the System is unable to receive such an inquiry; (F) to include appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information during use, transmission, storage, or disposal of that information, including the use of encryption, carrying out periodic testing of the System to detect, prevent, and respond to vulnerabilities or other failures, and utilizing periodic security updates; (G) to allow for monitoring of the use of the System and provide an audit capability; (H) to have reasonable safeguards, developed in consultation with the Attorney General, to prevent employers from engaging in unlawful discriminatory practices; (I) to permit an employer to submit the attestations required by subsection (b); and (J) to permit an employer to utilize any technology that is consistent with this section and with any regulation or guidance from the Secretary to streamline the procedures to comply with the attestation and employment eligibility verification requirements contained in this section. (5) Limitation on data elements stored (A) The System and any databases created by the Commissioner of Social Security or the Secretary for use in the System shall store only the minimum data about each individual for whom an inquiry was made through the System to facilitate the successful operation of the System, and in no case shall the data stored be other than— (i) the individual’s full legal name; (ii) the individual’s date of birth; (iii) the individual’s social security account number or employment authorization status identification number; (iv) the address of the employer making the inquiry and the dates of any prior inquiries concerning the identity and authorization of the individual by the employer or any other employer and the address of such employer; (v) a record of each prior determination regarding the individual’s identity and employment eligibility issued through the System; and (vi) in the case of the individual who successfully contested or appealed a tentative nonconfirmation or final nonconfirmation, explanatory information concerning the successful resolution of any erroneous data or confusion regarding the identity or eligibility for employment of the individual, including the source of that error. (B) Information provided pursuant to subsection (c)(5)(A)(i)–(v) shall be deleted from the System one year after the date of entry unless the Secretary shall determine it is relevant to an ongoing determination or appeal, a review of errors or compensation for errors, or an ongoing investigation of fraud or misuse of the system. The Secretary shall not retain any data pursuant to this subsection after the completion of an appeal or investigation except as described in subsection (c)(5)(A)(vi). (6) Responsibilities of the commissioner of social security The Commissioner of Social Security shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs (B) and (C) of paragraph (2)— (A) a confirmation of whether or not the individual is a United States citizen; (B) a determination of whether the name and social security account number provided, with respect to an individual, in an inquiry by an employer, match such information maintained by the Commissioner in order to confirm the validity of the information provided; (C) a determination of whether such social security account number was issued to the individual; and (D) a determination described in subparagraph (B) or (C) of paragraph (2), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System. (7) Responsibilities of the secretary The Secretary shall establish a reliable, secure method to provide, through the System, within the time periods required by subparagraphs (B) and (C) of paragraph (2)— (A) a determination of whether the name and alien identification or authorization number provided, with respect to an individual, in an inquiry by an employer match such information maintained by the Secretary in order to confirm the validity of the information provided; (B) a determination of whether such number was issued to the individual; (C) a determination of whether the individual is authorized to be employed in the United States; and (D) any other related information that the Secretary determines is appropriate. (8) Privacy impact assessment The Commissioner of Social Security and the Secretary shall each complete a privacy impact assessment as described in section 208 of the E-Government Act of 2002 ( Public Law 107–347 ; 44 U.S.C. 3501 note) with regard to the System. (9) Training Not later than 6 months before implementation of the EEVS, the Commissioner of Social Security and the Secretary shall institute a comprehensive program of outreach and training for employers regarding the operation of the verification system described in this section and informing them of ongoing assistance resources for the implementation and use of such systems. (10) Public education Not later than 6 months before implementation of the EEVS, the Commissioner of Social Security and the Secretary shall develop a public education campaign regarding the obligations imposed by this section as well as instructional materials provided without cost to the public regarding how to use the EEVS. (11) Hotline The Secretary shall establish a fully staffed 24-hour toll-free hotline that shall receive inquiries from individuals or employers concerning determinations made by the System and shall identify for an individual, at the time of inquiry, the particular data that resulted in a determination that the System was unable to verify the individual’s identity or eligibility for employment. (12) Participation (A) Requirements for participation Except as provided in subparagraphs (D) and (E), the Secretary shall require employers to participate in the System as follows: (i) Critical employers Not later than 6 months after the date of enactment of this Act, the Secretary shall require all agencies and departments of the United States (including the Armed Forces), a State government (including a State employment agency before making a referral), or any other employer if it employs individuals working in a location that is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport, but only to the extent of such individuals, to participate in the System, with respect to all individuals hired after the date the Secretary requires such participation. (ii) Large employers Not later than 1 year after the date of enactment of this Act the Secretary shall require an employer with 5,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. (iii) Midsized employers Not later than 2 years after the date of enactment of this Act the Secretary shall require an employer with less than 5,000 employees and 1,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. (iv) Small employers Not later than 3 years after the date of the enactment of the this Act, the Secretary shall require all employers with less than 1,000 employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. (B) Requirement to publish The Secretary shall publish in the Federal Register the requirements for participation in the System for employers described in clauses (i) through (iv) of subparagraph (A) prior to the effective date of such requirements. (C) Other participation in system Notwithstanding subparagraph (A), the Secretary has the authority to permit any employer that is not required to participate in the System under subparagraph (A) to participate in the System on a voluntary basis. (D) Waiver (i) Authority to provide a waiver The Secretary is authorized to waive or delay the participation requirements of subparagraph (A) with respect to any employer or class of employers if the Secretary provides notice to Congress of such waiver prior to the date such waiver is granted. (ii) Requirement to provide a waiver The Secretary shall waive or delay the participation requirements of subparagraph (A) with respect to any employer or class of employers until the date that the Comptroller General of the United States submits the initial certification described in paragraph (19)(E) and shall waive or delay such participation during a year if the Comptroller General fails to submit a certification of paragraph (19)(E) for such year. (E) Consequence of failure to participate If an employer is required to participate in the System and fails to comply with the requirements of the System with respect to an individual— (i) such failure shall be treated as a violation of subsection (a)(1)(B); and (ii) a rebuttable presumption is created that the employer has violated subsection (a)(1)(A), however, such presumption may not apply to a prosecution under subsection (e)(1). (13) Employer requirements (A) In general An employer that participates in the System, with respect to the hiring of an individual for employment in the United States, shall— (i) notify the individual of the use of the System and that the System may be used for immigration enforcement purposes; (ii) obtain from the individual the documents required by subsection (b)(1) and record on the form designated by the Secretary— (I) the individual’s social security account number; and (II) in the case of an individual who does not attest that the individual is a national of the United States under subsection (b)(2), such identification or authorization number that the Secretary shall require; (iii) retain such form in electronic, paper, microfilm, or microfiche form and make such form available for inspection for the periods and in the manner described in subsection (b)(3); and (iv) safeguard any information collected for purposes of the System and protect any means of access to such information to ensure that such information is not used for any purpose other than to determine the identity and employment eligibility of the individual and to protect the confidentiality of such information, including ensuring that such information is not provided to any person other than a person who carries out the employer’s responsibilities under this subsection. Failure to safeguard such information shall be a violation of subsection (c)(14). (B) Confirmation, tentative nonconfirmation, or final nonconfirmation (i) Confirmation If an employer receives a determination through the System under paragraph (3) for an individual, the employer shall retain either an electronic, paper, or microfiche form record of such confirmation for the period required by subsection (b)(4)(A). (ii) Tentative nonconfirmation and verification (I) Nonconfirmation If an employer receives a tentative nonconfirmation with respect to an individual, the employer shall retain either an electronic or paper record of such nonconfirmation for the period required by subsection (b)(4)(A) and inform such individual not later than 3 working days after the issuance of such notice in the manner prescribed by the Secretary that includes information regarding the individual’s right to submit information to contest the tentative nonconfirmation and the address and telephone numbers established by the Commissioner and the Secretary to obtain information on how to submit such information. The individual must acknowledge in writing whether or not the individual chooses to contest or not contest the tentative nonconfirmation. The employer shall submit to the System the individual’s action. (II) No contest If the individual does not contest the tentative nonconfirmation notice within 15 working days of receiving notice from the individual’s employer, the notice shall become final and the employer shall retain either an electronic or paper record of such final nonconfirmation for the period required by subsection (b)(4)(A). An individual’s failure to contest a tentative nonconfirmation may not be the basis for determining that the employer acted in a knowing (as defined in section 274a.1 of title 8, Code of Federal Regulations, or any corresponding similar regulation) manner. (III) Contest If the individual contests the tentative nonconfirmation notice under subclause (I), the individual shall submit appropriate information to contest such notice to the Secretary or Commissioner of Social Security within 15 working days of receiving notice from the individual’s employer and shall utilize the verification process developed under paragraph (3)(B). (IV) Effective period of tentative nonconfirmation A tentative nonconfirmation notice shall remain in effect until such notice becomes final under clause (II) or a final confirmation notice or final nonconfirmation notice is issued by the System. (V) Prohibition An employer may not terminate the employment of an individual based on a tentative nonconfirmation notice. Nothing in this clause shall apply to termination of employment for any legitimate reason other than because of such a tentative nonconfirmation. (iii) Final nonconfirmation (I) If an employer has received a final nonconfirmation with respect to an individual, the employer shall terminate the employment of the individual after the expiration of the time period prescribed in paragraph (21) for the individual to file an administrative appeal of a final nonconfirmation notice, unless the Secretary or the Commissioner stays the final nonconfirmation notice pending the resolution of the administrative appeal, or a stay is issued pending judicial review. (II) Continued employment after final nonconfirmation If the employer continues to employ (or to recruit or refer) an individual after the expiration of the period for the individual to file an administrative appeal of a final nonconfirmation notice under paragraph (21) (unless the Secretary or the Commissioner stayed the final nonconfirmation notice pending the resolution of the administrative appeal or a stay is issued pending judicial review), a rebuttable presumption is created that the employer has violated subsections paragraphs (1)(A) and (2) of subsection (a). Such presumption may not apply to a prosecution under subsection (e)(1). (14) Prohibition of unlawful accessing and obtaining of information (A) In general It shall be unlawful for any individual other than an employee of the Social Security Administration or the Department of Homeland Security specifically charged with maintaining the System to intentionally and knowingly— (i) access the System or the databases utilized to verify identity or employment eligibility for the System for any purpose other than verifying identity or employment eligibility or modifying the System pursuant to law or regulation; or (ii) obtain the information concerning an individual stored in the System or the databases utilized to verify identity or employment eligibility for the System for any purpose other than verifying identity or employment authorization or modifying the System pursuant to law or regulation. (B) Penalties (i) Unlawful access Any individual who unlawfully accesses the System or the databases as described in subparagraph (A)(i) shall be fined no more than $1,000 per individual or sentenced to no more than 6 months imprisonment or both per individual whose file was compromised. (ii) Unlawful use Any individual who unlawfully obtains information stored in the System in the database utilized to verify identity or employment eligibility for the System and uses the information to commit identity theft for financial gain or to evade security or to assist another in gaining financially or evading security, shall be fined no more than $10,000 per individual or sentenced to no more than 1 year of imprisonment or both per individual whose information was obtained and misappropriated. (15) Protection from liability No employer that participates in the System and complies in good faith with the attestation in subsection (b)(1) and the employer requirements of this section shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the System regarding that individual. (16) Limitation on use of the system Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States to utilize any information, database, or other records used in the System for any purpose other than as provided for under this subsection. (17) Access to database No officer or employee of any agency or department of the United States, other than such an officer or employee who is responsible for the verification of employment eligibility or for the evaluation of an employment eligibility verification program at the Social Security Administration, the Department of Homeland Security, and the Department of Labor, may have access to any information, database, or other records utilized by the System. (18) Modification authority The Secretary, after notice is submitted to Congress and provided to the public in the Federal Register, is authorized to modify the requirements of this subsection, including requirements with respect to completion of forms, method of storage, attestations, copying of documents, signatures, methods of transmitting information, and other operational and technical aspects to improve the efficiency, accuracy, and security of the System. (19) Annual study and report (A) Requirement for study The Comptroller General of the United States shall conduct an annual study of the System as described in this paragraph. (B) Purpose of the study The Comptroller General shall, for each year, undertake a study to determine whether the System meets the following requirements: (i) Demonstrated accuracy of the databases New information and information changes submitted by an individual to the System is updated in all of the relevant databases not later than 3 working days after submission in at least 99 percent of all cases. (ii) Low error rates and delays in verification (I) Rates of incorrect final nonconfirmation notices That, during a year, not more than .5 percent of all final nonconfirmations provided through the System during such year are incorrect. (II) Rates of incorrect tentative nonconfirmation notices (aa) That, during a year, not more than 1 percent of native-born United States citizens whose identity and work eligibility are submitted to the system is the subject of a tentative nonconfirmation. (bb) That, during a year, not more than 3 percent of foreign-born, work authorized individuals whose identity and work eligibility are submitted to the System are the subject of a tentative nonconfirmation. (iii) Containment of error rates That, during a year, the rate of incorrect final and incorrect tentative nonconfirmations shall not have increased by more than 3 percent over the previous year. (iv) Measurable employer compliance with system requirements (I) No discrimination based on system operations The System has not resulted in increased employment discrimination on the basis of race or national origin. (II) Requirement for independent study The determination described in subclause (I) shall be based on an independent study commissioned by the Comptroller General in each phase of expansion of the System. (v) Protection of workers’ private information At least 97 percent of employers who participate in the System are in full compliance with the privacy requirements described in this subsection. (vi) Effective security An assessment of the privacy and confidentiality of the system and of the overall security of the system with respect to cybertheft and theft and misuse of private data. (vii) Adequate agency staffing and funding The Secretary and Commissioner of Social Security have sufficient funding to meet all of the deadlines and requirements of this subsection. (C) Consultation In conducting a study under this paragraph, the Comptroller General shall consult with representatives of business, labor, immigrant communities, State governments, privacy advocates, and appropriate departments of the United States. (D) Requirement for reports Not later than 21 months after the date of the enactment of this Act and annually thereafter, the Comptroller General shall submit to the Secretary and to Congress a report containing the findings of the study carried out under this paragraph. (E) Certification If the Comptroller General determines that the System meets the requirements set out in clauses (i) through (vii) of subparagraph (B) for a year, the Comptroller shall certify such determination and submit such certification to Congress with the report required by subparagraph (D). (20) Annual audit and report (A) Purpose of the Audit and Report The Office for Civil Rights and Civil Liberties shall conduct annual audits of the system described in section 403(a) of the Illegal Immigration Reform and Responsibility Act of 1996, Public Law 104–208 , Div. C, 110 Stat. 3009–546, to assess employer compliance with System requirements, including civil rights and civil liberties protections, and compliance with the System rules and procedures set forth in the Memorandum of Understanding between employers and the Social Security Administration and the Department of Homeland Security. (B) Requirements of Audit Annual audits shall include, but are not limited to, the following activities: (i) Use of testers to check if employers are using E-Verify as outlined in the Memorandum of Understanding between employers and the Department of Homeland Security and the Social Security Administration, including if employers are misusing the system to prescreen job applicants, if employers are giving proper notification to employees’ regarding tentative non-confirmations, and if employers are taking adverse actions against workers based upon tentative non-confirmations. (ii) Random audits of employers to confirm that employers are using the system as outlined in the Memorandum of Understanding and in a manner consistent with civil rights and civil liberties protections. (iii) Periodic audits of employers for which the Special Counsel has received information or complaints and/or actual charges of citizenship/national origin discrimination or document abuse. (C) Authority of Office for Civil Rights and Civil Liberties The Office shall have the authority to obtain from users of the E-Verify program relevant documents and testimony and answers to written interrogatories. The Office shall also have the authority to conduct site visits, and interview employees. (D) Failure of employers to cooperate Employers that fail to cooperate with the Office for Civil Rights and Civil Liberties shall be noted in the annual report set forth below in subsection (E). (E) Requirement for reports Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Office for Civil Rights and Civil Liberties shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress a report containing the findings of the audit carried out under this paragraph. (21) Administrative review (A) In general An individual who receives a final nonconfirmation may, not later than 30 days after the date of such notice, file an appeal of such final nonconfirmation. An individual subject to a final nonconfirmation may file an appeal thereof after the 30-day period if the appeal is accompanied by evidence that the individual did not receive timely notice of a tentative or final nonconfirmation, or that there was good cause for the failure to file an appeal within the 30-day period. (B) Procedures (i) The Secretary and Commissioner of Social Security shall develop procedures to review appeals filed under subparagraph (A) and to make final determinations on such appeals. The review on appeal may include any additional or newly discovered evidence presented by the appellant during the time of the pending appeal or subsequently by motion to reopen. (ii) The Secretary or the Commissioner shall stay the final nonconfirmation notice pending the resolution of the administrative appeal unless the Secretary or the Commissioner determines that the administrative appeal is frivolous, unlikely to succeed on the merits, or filed for purposes of delay. (C) Review for errors If a final determination on an appeal filed under subparagraph (A) results in a confirmation of an individual’s eligibility for employment in the United States, the administrative review process shall require the Secretary to determine if the final nonconfirmation issued for the individual was the result of— (i) an error or negligence on the part of an employee or official operating or responsible for the System; (ii) an error or negligence on the part of an employer or entity acting on behalf of the employer; (iii) the decision rules, processes, or procedures utilized by the System; or (iv) erroneous system information that was not the result of acts or omissions of the individual. (D) Compensation for error (i) In general If the individual was denied a stay under subparagraph (B)(2) and Secretary makes a determination under subparagraph (C) that the final nonconfirmation issued for an individual was not caused by an act or omission of the individual or the employer, the Secretary shall compensate the individual for lost wages and for reasonable costs and attorneys’ fees not exceeding $75,000, subject to annual inflation adjustments per the U.S. Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics. (ii) Calculation of lost wages Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the administrative review process described in this paragraph, or judicial review if any, or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 180 days after completion of the administrative review process or judicial review, if any. (iii) Limitation on compensation For purposes of determining an individual’s compensation for the loss of employment, such compensation shall not include any period in which the individual was ineligible for employment in the United States. (iv) Source of funds Compensation or reimbursement provided under this paragraph shall not be provided from funds appropriated in annual appropriations Acts to the Secretary for the Department of Homeland Security. (E) Temporary stay of final administrative decision denying appeal If the appeal is denied, the Secretary shall stay the decision for a period of 15 days to permit the individual to seek judicial review of the decision pursuant to paragraph (21). (22) Judicial review (A) In general After the Secretary makes a final determination on an appeal filed by an individual under paragraph (19), the individual may obtain judicial review of such determination in a civil action commenced not later than 90 days after notice of such decision, or such further time as the Secretary may allow. (B) Jurisdiction A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. (C) Answer As part of the Secretary’s answer to a complaint for such judicial review, the Secretary shall file a certified copy of the administrative record compiled during the administrative review under paragraph (21), including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming or reversing the result of that administrative review, with or without remanding the cause for a rehearing. (D) Compensation for error (i) In general In cases in which the individual was denied a stay under subparagraph (19)(B)(2) and such judicial review reverses the final determination of the Secretary made under paragraph (21), the court shall compensate the individual for lost wages and for reasonable costs and attorneys’ fees not exceeding $75,000, subject to annual inflation adjustments per the U.S. Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics. (ii) Calculation of lost wages Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the judicial review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 180 days after completion of the administrative and judicial review process. (23) Private right of action If the Secretary makes a determination under paragraph (21) that the final nonconfirmation issued for an individual was caused by an act or negligence on the part of the employer, the individual may seek recovery of damages, reinstatement, back pay, and other appropriate remedies in a civil action against the employer. Such action must be commenced not later than 90 days after notice of the Secretary’s decision. The action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. (24) Statutory construction Nothing in this subsection shall affect any existing rights and obligations of employers or employees under other Federal, State, or local laws. (25) Enhanced verification system The Secretary, in consultation with the Commissioner of Social Security, shall establish a voluntary self-verification system in order to prevent the fraudulent or other misuse of the individual’s Social Security number during employment verification, to prevent employer misuse of the system, to protect privacy, and to limit erroneous nonconfirmation during employment verification. The voluntary system shall allow an individual to verify the individual’s own record, to block and unblock the use of the individual’s Social Security number, and to register a phone number or e-mail address to be contacted upon removal of the block. (A) Voluntary enrollment An individual may enroll in the Enhanced Verification System on a voluntary basis. (B) Select Entities Required to Participate in the Enhanced Verification System (i) Executive departments Each Department of the Federal Government shall elect to participate in the Enhanced Verification System and shall comply with the terms and conditions of such an election. (ii) Legislative branch Each Member of Congress, each officer of Congress, and the head of each agency of the legislative branch shall elect to participate in the Enhanced Verification System and shall comply with the terms and conditions of such an election. (C) Electronic access The Secretary shall establish procedures allowing individuals to use a Personal Identification Number (PIN) or other biographic information to authenticate the individual’s identity and to block and unblock the individual’s Social Security number electronically. (D) Use of enhanced verification system receipt for purpose of employment verification (i) Encrypted code The Secretary shall establish procedures to allow an individual who has authenticated the individual’s identity and unblocked the individual’s Social Security number to receive a single-use encrypted code which may be presented to the employer instead of the documents described in subsection (b) and for the employer to submit the encrypted single-use code to the system. (ii) Confirmation An employer who submits a valid single-use encrypted code with respect to an individual shall immediately receive a confirmation through the system. (iii) Expedited review process The Secretary shall establish an expedited review process to allow an individual who has authenticated the individual’s identity and unblocked the individual’s Social Security number immediately to correct user or system errors which result in an erroneous non-confirmation of work eligibility. (E) Reports (i) In general The Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate reports on the Enhanced Verification System within 3 months after the end of the third and fourth years in which the programs are in effect. Such reports shall— (I) assess the degree of fraudulent attesting of United States citizenship; (II) assess the benefits of the Enhanced Verification System to employers and the degree to which it prevents fraudulent claims of United States citizenship or legal residence and strengthens the enforcement of section 274A; (III) assess the benefits of the Enhanced Verification System to individuals and the degree to which they prevent misuse of the System and erroneous non-confirmations during employment verification; (IV) assess if the Enhanced Verification System aides in reducing discrimination during the employment verification process; (V) assess the degree to which the Enhanced Verification System protects employee civil liberties and privacy; and (VI) include recommendations on whether or not Enhanced Verification System should be continued or modified, and (ii) Report on expansion Not later than 6 months after the end of the fourth year in which the programs are in effect, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report— (I) evaluating whether the problems identified by the report submitted under subsection (i) have been substantially resolved; and (II) describing what actions the Secretary of Homeland Security shall take before requiring any individuals to participate in the Enhanced Verification System. (F) Limitation on use of the confirmation system and any related systems Notwithstanding any other provision of law, nothing in this subtitle shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this subtitle for any other purpose other than as provided for under the Enhanced Verification System. (d) Compliance (1) Complaints and investigations The Secretary shall establish procedures— (A) for a person to file a complaint regarding a potential violation of paragraph (1)(A), (1)(B), or (2) of subsection (a); (B) for the investigation of any such complaint that the Secretary determines is appropriate to investigate; and (C) for the investigation of such other violation of paragraph (1)(A), (1)(B), or (2) of subsection (a) that the Secretary determines is appropriate. (2) Authority in investigations (A) In general In conducting investigations and hearings under this subsection, officers and employees of the Department of Homeland Security, if designated by the Secretary, may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection. (B) Failure to cooperate In case of refusal to obey a subpoena lawfully issued under subparagraph (A), the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with such subpoena, and any failure to obey such order may be punished by such court as contempt. (C) Department of Labor The Secretary of Labor shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ) to ensure compliance with the provisions of this section, or any regulation or order issued under this section. (D) Agency representation and coordination United States Immigration and Customs Enforcement officials may not misrepresent to employees or employers that they are a member of any agency or organization that provides domestic violence services, enforces health and safety law or other labor laws, provides health care services, or any other services intended to protect life and safety. (3) Compliance procedures (A) Prepenalty notice If the Secretary has reasonable cause to believe that there has been a violation of a requirement of this section and determines that further proceedings related to such violation are warranted, the Secretary shall issue to the employer concerned a written notice of the Secretary’s intention to issue a claim for a fine or other penalty. Such notice shall— (i) describe the violation; (ii) specify the laws and regulations allegedly violated; (iii) disclose the material facts which establish the alleged violation; and (iv) inform such employer that the employer shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed. (B) Remission or mitigation of penalties (i) Petition by employer If an employer receives written notice of a fine or other penalty in accordance with subparagraph (A), the employer may file within 45 days from receipt of such notice, with the Secretary a petition for the remission or mitigation of such fine or penalty, or a petition for termination of the proceedings. The petition may include any relevant evidence or proffer of evidence the employer wishes to present, and shall be filed and considered in accordance with procedures to be established by the Secretary. (ii) Review by secretary If the Secretary finds that such fine or other penalty was incurred erroneously, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate such fine or other penalty on the terms and conditions as the Secretary determines are reasonable and just, or order termination of any proceedings related to the notice. Such mitigating circumstances may include good faith compliance and participation in, or agreement to participate in, the System, if not otherwise required. (iii) Applicability This subparagraph may not apply to an employer that has or is engaged in a pattern or practice of violations of paragraph (1)(A), (1)(B), or (2) of subsection (a) or of any other requirements of this section. (C) Penalty claim After considering evidence and representations offered by the employer pursuant to subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based and the appropriate penalty. (4) Civil penalties (A) Hiring or continuing to employ unauthorized aliens Any employer that violates paragraph (1)(A) or (2) of subsection (a) shall pay civil penalties as follows: (i) Pay a civil penalty of not less than $500 and not more than $4,000 for each unauthorized alien with respect to each such violation. (ii) If the employer has previously been fined 1 time within the preceding 12 months under this subparagraph, pay a civil penalty of not less than $4,000 and not more than $10,000 for each unauthorized alien with respect to each such violation. (iii) If the employer has previously been fined more than 1 time within the preceding 12 months under this subparagraph or has failed to comply with a previously issued and final order related to any such provision, pay a civil penalty of not less than $6,000 and not more than $20,000 for each unauthorized alien with respect to each such violation. (B) Recordkeeping or verification practices Any employer that violates or fails to comply with paragraph (1)(B) of subsection (a) shall pay a civil penalty as follows: (i) Pay a civil penalty of not less than $200 and not more than $2,000 for each such violation or failure. (ii) If the employer has previously been fined 1 time within the preceding 12 months under this subparagraph, pay a civil penalty of not less than $400 and not more than $4,000 for each such violation of failure. (iii) If the employer has previously been fined more than 1 time within the preceding 12 months under this subparagraph or has failed to comply with a previously issued and final order related to such requirements, pay a civil penalty of $6,000 for each such violation or failure. (iv) Special rule governing paperwork violation In the case where an employer commits a violation of this section that is deemed to be purely a paperwork violation where the Secretary fails to establish any intent to hire an individual who is not unauthorized for employment in the United States, the Secretary shall permit the employer to correct such paperwork error within 30 days of receiving notice from the Secretary of such violation. (C) Other penalties Notwithstanding subparagraphs (A) and (B), the Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the civil penalty described in subsection (e)(2). (5) Judicial review (A) In general An employer adversely affected by a final determination may, within 45 days after the date the final determination is issued, obtain judicial review of such determination. (B) Report Not later than 180 days after the date of enactment of the this Act, the Director of the Federal Judicial Center shall submit to Congress a report on judicial review of a final determination. The report shall contain recommendations on jurisdiction and procedures that shall be instituted to seek adequate and timely review of such decision. (6) Enforcement of orders If an employer fails to comply with a final determination issued against that employer under this subsection, and the final determination is not subject to review as provided in paragraph (5), the Attorney General may file suit to enforce compliance with the final determination, not earlier than 46 days and not later than 90 days, after the date the final determination is issued, in any appropriate district court of the United States. The burden shall remain on the employer to show that the final determination was not supported by a preponderance of the evidence. (7) Recovery of costs and attorneys’ fees In any appeal brought under paragraph (5) or suit brought under paragraph (6), the employer shall be entitled to recover from the Secretary reasonable costs and attorneys’ fees if such employer prevails on the merits of the case. The award of attorneys’ fees shall not exceed $75,000. Such amount shall be subject to annual inflation adjustments per the United States Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics. Any costs and attorneys’ fees assessed against the Secretary shall be charged against the operating expenses of the Department of Homeland Security for the fiscal year in which the assessment is made, and shall not be reimbursed from any other source. (8) Coordination An investigation under paragraph (1)(C) shall be coordinated with the appropriate regional office of the National Labor Relations Board, the Department of Labor, and all relevant State and local agencies that are charged with enforcing workplace standards. Evidence gathered from such agencies shall be considered in determining whether the entity under investigation has violated subsection (a). (e) Criminal penalties and injunctions for pattern or practice violations (1) Criminal penalty An employer that engages in a pattern or practice of knowing violations of paragraph (1)(A) or (2) of subsection (a) shall be fined not more than $20,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 3 years for the entire pattern or practice, or both. (2) Enjoining of pattern or practice violations If the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary deems necessary. (f) Adjustment for inflation All penalties and limitations on the recovery of costs and attorney’s fees in this section shall be increased every 4 years beginning January 2014 to reflect the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 48 month period ending with September of the year preceding the year such adjustment is made. Any adjustment under this subparagraph shall be rounded to the nearest dollar. (g) Prohibition of indemnity bonds (1) Prohibition It is unlawful for an employer, in the hiring of an individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guaranty or indemnity, against any potential liability arising under this section relating to such hiring of the individual. (2) Civil penalty Any employer which is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (d), to have violated paragraph (1) shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the individual. (h) Prohibition on award of government contracts, grants, and agreements (1) Employers with no contracts, grants, or agreements (A) In general If an employer who does not hold a Federal contract, grant, or cooperative agreement is determined by the Secretary to be a repeat violator of this section the employer shall be debarred from the receipt of a Federal contract, grant, or cooperative agreement for a period of 5 years. The Secretary or the Attorney General shall advise the Administrator of General Services of such a debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for a period of 5 years. (B) Waiver The Administrator of General Services, in consultation with the Secretary and the Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment. (2) Employers with contracts, grants, or agreements (A) In general An employer who holds a Federal contract, grant, or cooperative agreement and is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, shall be debarred from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 5 years. (B) Notice to agencies Prior to debarring the employer under subparagraph (A), the Secretary, in cooperation with the Administrator of General Services, shall advise any agency or department holding a contract, grant, or cooperative agreement with the employer of the Government’s intention to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 5 years. (C) Review The decision of whether to debar or take alternate action under this paragraph shall be reviewable pursuant to section 9, Federal Acquisition Regulation. (3) Suspension Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation. (4) Repeat violator defined In this subsection, the term repeat violator means, with respect to an employer, that the employer has violated paragraph (1)(A), (1)(B), or (2) of subsection (a) more than 1 time and that such violations were discovered as a result of more than 1 separate investigation of the employer. A violation of such paragraph (1)(B) that is inadvertent and unrelated to a violation of subsection (a)(1)(A) and (a)(2) may not be considered to be a violation of such paragraph (1)(B) for the purposes of this paragraph. (i) Miscellaneous provisions (1) Documentation In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) eligible to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement. (2) Preemption The provisions of this section preempt any State or local law, contract license, or other standard, requirement, action or instrument from— (A) imposing sanctions or liabilities for employing, or recruiting or referring for employment, unauthorized aliens, or for working without employment authorization; (B) requiring those hiring, recruiting, or referring individuals for employment to ascertain or verify the individuals’ employment authorization or to participate in an employment authorization verification system, or requiring individuals to demonstrate employment authorization; and (C) requiring, authorizing or permitting the use of an employment verification system, unless otherwise mandated by Federal law, for any other purpose including, but without limitation, such purposes as verifying the status of renters, determining eligibility for receipt of benefits, enrollment in school, obtaining or retaining a business license or other license, or conducting a background check. (j) Backpay remedies Neither backpay nor any other monetary remedy for unlawful employment practices, workplace injuries or other causes of action giving rise to liability shall be denied to a present or former employee on account of: the employer’s or the employee’s failure to comply with the requirements of this section in establishing or maintaining the employment relationship; the employee’s violation of the provisions of federal law related to the employment verification system set forth in subsection (a); or the employee’s continuing status as an unauthorized alien both during and after termination of employment. (k) Definitions In this section— (1) Employer The term employer means any person or entity, including any entity of the Government of the United States, hiring an individual for employment in the United States. (2) Secretary Except as otherwise provided, the term Secretary means the Secretary of Homeland Security. (3) Unauthorized alien The term unauthorized alien means, with respect to the employment of an alien at a particular time, that the alien is not at that time either— (A) an alien lawfully admitted for permanent residence; or (B) authorized to be so employed by this Act or by the Secretary. . (b) Conforming amendments (1) Amendments (A) Repeal of E-Verify Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note) are repealed. (B) Repeal of reporting requirements (i) Report on earnings of aliens not authorized to work Subsection (c) of section 290 ( 8 U.S.C. 1360 ) is repealed. (ii) Report on fraudulent use of social security account numbers Subsection (b) of section 414 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1360 note) is repealed. (C) Repeal of definition Paragraph (1)(F) of section 1961 of title 18, United States Code, is repealed. (2) Construction Nothing in this subsection or in subsection (c) of section 274A, as amended by subsection (a), may be construed to limit the authority of the Secretary to allow or continue to allow the participation of employers who participated in the E-Verify program under such sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note) in the Electronic Employment Verification System established pursuant to such subsection (d). (c) Technical amendments (1) Definition of unauthorized alien Sections 218(i)(1) ( 8 U.S.C. 1188(i)(1) ), 245(c)(8) ( 8 U.S.C. 1255(c)(8) ), 274(a)(3)(B)(i) ( 8 U.S.C. 1324(a)(3)(B)(i) ), and 274B(a)(1) ( 8 U.S.C. 1324b(a)(1) ) are amended by striking 274A(h)(3) and inserting 274A(h) . (2) Document requirements Section 274B ( 8 U.S.C. 1324b ) is amended— (A) in subsections (a)(6) and (g)(2)(B), by striking 274A(b) and inserting 274A(d) ; and (B) in subsection (g)(2)(B)(ii), by striking 274A(b)(5) and inserting 274A(d)(9) . (d) Employment verification advisory panel (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an Employment Verification Advisory Panel (hereinafter in the subsection referred to as the Advisory Panel ). (2) Membership The Advisory Panel should consist of members appointed by the Secretary, after consulting with the Commissioner of Social Security, the Director of National Institutes of Standards and Technology, and other appropriate Federal agencies. Such members should include representatives from appropriate Federal agencies and private sector representatives of affected industries and groups, including immigration policy, human resource, employer and employee organizations, experts in fields including database security, employment verification, biometrics, and privacy. (3) Functions (A) Advice on implementation and deployment The Advisory Panel shall advise the Secretary and the Commissioner of Social Security on the implementation and deployment of the verification systems established under the amendments made by this section, including— (i) the best means of promoting efficiency, compliance responsiveness, accuracy, public education, user support, interoperability, and cost-effectiveness of the systems established under this section; (ii) the best practices and procedures in order to protect the privacy and identities of individuals enrolled in the systems established under this section; (iii) standards of database accuracy, error rates, privacy, and measurable compliance with system rules that must be met before implementation begins and before each additional phase of implementation; and (iv) the best means by which data obtained through such systems may be used to timely improve the accuracy of databases maintained by the Secretary and the Commissioner of Social Security. (B) Study and report on identity fraud and alternatives for strengthening identity authentication (i) Study The Advisory Panel shall evaluate the vulnerability of the System to identity fraud and the degree to which individuals not authorized for employment in the United States are able to be confirmed by the System. (ii) Report Not later than 180 days after its establishment, the Advisory Panel shall issue a report to the Secretary on alternatives for strengthening identity authentication and preventing fraudulent confirmations by the System. The report shall— (I) survey available technologies for identity authentication, including but not limited to biometric and biographical identity assurance systems; (II) analyze alternatives to identity assurance technologies, including the enhanced verification system described in subsection (c)(25) of section 274A of the Immigration and Nationality Act, as amended by this section; (III) analyze the technical feasibility of adding new identity authentication requirements to the System described in subsection (c) of such section, including by considering— (aa) process burdens (at the point of collection, information processing, etc.); (bb) performance burdens (anticipated system throughputs, scalability, reconfigurability, etc.); (cc) accuracy and realistic failure rates and projected increases in erroneous nonconfirmations of work authorized individuals; (dd) projected compliance and non-compliance rates; and (ee) data Security, data storage requirements, and added risk to individuals’ privacy; and (IV) estimate the costs and benefits of different strategies for strengthening identity authentication and evaluate their overall strengths and weaknesses, including but not limited to requirements that employers collect biometric, biographical, or other data from new employees instead of or in addition to the data identified in subsections (b) and (c) of such section and requirements that individuals participate in the enhanced verification system described in subsection (c)(25) of such section. (4) Termination The Advisory Panel shall terminate 5 years after the date of the enactment of this Act. (e) Effective date The amendments made by subsections (a), (b), and (c) shall take effect on the date that is 180 days after the date of the enactment of this Act. 202. Parity with Civil Rights Act of 1964 (a) Prohibition of employment discrimination Section 274B(a) ( 8 U.S.C. 1324b(a) ) is amended— (1) by amending paragraph (1) to read as follows: (1) In general It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien defined in section 274A(h)(3)) with respect to— (A) the hiring, or recruitment or referral for a fee, of the individual for employment, the verification of the individual’s eligibility for employment, or the discharging of the individual from employment— (i) because of such individual’s national origin; or (ii) because of such individual’s citizenship status; and (B) the compensation, terms, or conditions of the employment of the individual. ; (2) by amending paragraph (2)(A) to read as follows: (A) a person or other entity that employs three or fewer employees, except for an employment agency, meaning any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. ; (3) by repealing section 274(a)(3) ( 8 U.S.C. 1324(a)(3) ); (4) in paragraph (6), by striking if made for the purpose or with the intent of discriminating against an individual in violation of paragraph (1) and inserting in violation of paragraph (1). Additional information and compliance assistance will be provided to employers to assist them in complying with the law ; (5) by inserting a new paragraph (7) as follows: (7) Antidiscrimination requirements of the electronic employment verification system It is an unfair immigration-related employment practice for a person or other entity, in the course of the Electronic Employment Verification System described in section 274A(c)— (A) to terminate the employment of an individual or take any adverse employment action due to a tentative nonconfirmation issued by such System, with respect to that individual; (B) to use the System for screening of an applicant for employment prior to making the individual an offer of employment; (C) to use the System for the reverification of an employee after the employee has satisfied the process described in (b)(1), unless otherwise required by Federal law; (D) to use the System selectively to exclude certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; or (E) to use the System to deny workers’ employment benefits or otherwise interfere with their labor rights, or to engage in any other unlawful employment practice. ; (6) by inserting a new paragraph (8) as follows: (8) Burden of proof in disparate impact cases (A) An unlawful immigration-related employment practice or unfair labor practice case based on disparate impact is established under this general rule only if— (i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of national origin or citizenship status and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or (ii) the complaining party makes the demonstration with respect to an alternative employment practice and the respondent refuses to adopt such an alternative employment practice. An alternative employment practice is defined as a policy that would satisfy the employer’s legitimate interests without having a disparate impact on a protected class. (B) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (8)(A), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice. (C) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (D) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this statute. ; and (7) by inserting a new paragraph (9) as follows: (9) Except as otherwise provided in this subchapter, an unlawful immigration-related unfair employment practice is established when the charging party demonstrates that citizenship status or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. . (b) Charges and complaints Section 274B(d) ( 8 U.S.C. 1324b(d) ) is amended— (1) in paragraph (1), by striking within 120 days of the date of the receipt of the charge and subject to paragraph (3) ; (2) by striking The Special Counsel’s failure to file such a complaint within such 120-day period shall not affect the right of the Special Counsel to investigate the charge or to bring a complaint before an administrative law judge during such 90-day period. and inserting at the end of paragraph (2) Nothing contained in this Act shall relieve any Government agency or official of his or her responsibility for unlawful electronic employment verification practices. ; and (3) by striking paragraph (3). (c) Increase in civil money penalties Section 274B(g)(2)(B)(iv) ( 8 U.S.C. 1324b(g)(2)(B)(iv) ) is amended— (1) in subclause (I), by striking $250 and not more than $1,000 and inserting $2,000 and not more than $4,000 ; (2) in subclause (II), by striking $2,000 and not more than $5,000 and inserting $4,000 and not more than $10,000 ; (3) in subclause (III), by striking $3,000 and not more than $10,000 and inserting $6,000 and not more than $20,000 ; and (4) in subclause (IV), by striking $100 and not more than $1,000 and inserting $500 and not more than $5,000 . (d) Orders finding violations Section 274B(g) ( 8 U.S.C. 1324b(g) ) is amended— (1) in paragraph (2)(B)(iii), by inserting , and to provide such other relief as the administrative law judge determines appropriate to make the individual whole before the semicolon at the end; (2) by inserting the following at the end of paragraph (2)(B)(viii): (ix) (I) No order of the court shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of citizenship status or national origin or in violation of this section. (II) On a claim in which an individual proves a violation under subsection (a)(7) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court may grant declaratory relief, injunctive relief (except as provided in clause (b)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under subsection (a)(7); and shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (I). ; and (3) by inserting at the end of paragraph (2) a new subparagraph (E) as follows: (E) Compensatory and punitive damages (i) Determination of punitive damages A complaining party may acquire punitive damages against a respondent (other than the Federal Government or a Federal Government agency) if the complaining party demonstrates that the respondent engaged in discriminatory practice or practices with malice or reckless indifference to the federally protected rights of an aggrieved individual under subsection (a)(1). (ii) Compensatory damages awarded under this section Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under subparagraphs (B) and (C) of subsection (g)(2). (iii) Limitations The sum of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses on account of national origin discrimination shall not exceed $50,000 for each complaining party. In the case of citizenship status discrimination, the limitations should be as follows: (I) In the case of a respondent who has more than 3 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000. (II) In the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000. (III) In the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000. (IV) In the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. . (e) Dissemination of information Section 274B is amended— (1) in subparagraph (l)(3), by striking $10,000,000 and inserting $50,000,000 ; and (2) by adding at the end the following: (m) Reports The Secretary of Homeland Security shall make transactional data and citizenship status data available upon request by the Special Counsel (appointed under subsection (c) of this section). . (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 violations occurring on or after such date. 203. Amendments to the Social Security Act (a) Social security act Section 205(c)(2) of the Social Security Act ( 42 U.S.C. 405(c)(2) ) is amended by adding at the end the following new subparagraphs: (I) (i) The Commissioner of Social Security shall, subject to the provisions of title III of the this Act, establish a reliable, secure method to provide through the employment verification systems established pursuant to section 274A of the Immigration and Nationality Act (referred to in this subparagraph as the System ), within the time periods required by such section— (I) a determination of whether the name, date of birth, employer identification number, and social security account number of an individual provided in an inquiry made to the System by an employer is consistent with such information maintained by the Commissioner in order to confirm the validity of the information provided; (II) a determination of the citizenship status associated with such name and social security account number, according to the records maintained by the Commissioner; (III) a determination of whether the name and number belongs to an individual who is deceased, according to the records maintained by the Commissioner; (IV) a determination of whether the name and number is blocked in accordance with clause (ii); and (V) a confirmation or a nonconfirmation described in such subsection (c), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System. (ii) The Commissioner of Social Security shall prevent the fraudulent or other misuse of a social security account number by establishing procedures under which an individual who has been assigned a social security account number may block the use of such number under the System and remove such block. (J) In assigning social security account numbers to aliens who are authorized to work in the United States under section 218A of the Immigration and Nationality Act, the Commissioner of Social Security shall, to the maximum extent practicable, assign such numbers by employing the enumeration procedure administered jointly by the Commissioner, the Secretary of State, and the Secretary. . (b) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the amendments made by this section. (2) Limitation on verification responsibilities of commissioner of social security The Commissioner of Social Security is authorized to perform activities with respect to carrying out the Commissioner’s responsibilities in this title or the amendments made by this title, but only to the extent the Secretary has provided, in advance, funds to cover the Commissioner’s full costs in carrying out such responsibilities. In no case shall funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund be used to carry out such responsibilities. (c) Effective date The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act. III Visa Reforms 301. Elimination of existing backlogs (a) Worldwide level of family-Sponsored immigrants Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended to read as follows: (c) Worldwide level of family-Sponsored immigrants (1) In general Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of— (A) 480,000; and (B) the sum of— (i) the number computed under paragraph (2); and (ii) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(a), subject to this subsection, during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2013 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of family-sponsored immigrant visas established for each of fiscal years 1992 through 2012; and (ii) the number of visas issued under section 203(a), subject to this subsection, during such fiscal years; and (B) the number of unused visas from fiscal years 1992 through 2012 that were issued after fiscal year 2011 under section 203(a), subject to this subsection. . (b) Worldwide Level of Employment-Based Immigrants Section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) is amended to read as follows: (d) Worldwide Level of Employment-Based Immigrants (1) In general The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of— (A) 290,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level established under paragraph (1) for the previous fiscal year; and (B) the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2009 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2009; and (ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and (B) the number of visas actually issued after fiscal year 2009 pursuant to an immigrant visa number issued under section 203(b), subject to this subsection, during fiscal years 1992 through 2009. . (c) Exception to nondiscrimination Section 202(a)(1)(A) ( 8 U.S.C. 1152(a)(1)(A) ) is amended by striking 201(b)(2)(A)(i) and inserting 201(b) . (d) Effective date The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act. 302. Reclassification of spouses and minor children of legal permanent residents as immediate relatives (a) In general Section 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: (2) Immediate relative (A) In general (i) Immediate relative defined In this subparagraph, the term immediate relative means a child, spouse, or parent of a citizen of the United States or a child or spouse of a lawful permanent resident (and for each family member of a citizen or lawful permanent resident under this subparagraph, such individual’s spouse or child who is accompanying or following to join the individual), except that, in the case of parents, such citizens shall be at least 21 years of age. (ii) Previously issued visa Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative. (iii) Parents and children An alien who was the child or the parent of a citizen of the United States or a child of a lawful permanent resident at the time of the citizen’s or resident’s death if the alien files a petition under section 204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years of age. (iv) Spouse In the case of an alien who was the spouse of a citizen of the United States or spouse of a lawful permanent resident and was not legally separated from the citizen or resident at the time of the citizen’s or resident’s death, the alien (and each child of the alien) shall be considered for purposes of this subsection, to remain an immediate relative after the date of the citizen’s or resident’s death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of— (I) 2 years after such date; or (II) the date on which the spouse remarries. (v) Special rule For purposes of this subparagraph, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or residence on account of the abuse. (B) Birth during temporary visit abroad Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. . (b) Allocation of immigrant visas Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 38,000 ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of permanent resident aliens Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 60,000, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 38,000 ; and (4) in paragraph (4), by striking 65,000 and inserting 90,000 . (c) Technical and conforming amendments (1) Rules for determining whether certain aliens are immediate relatives Section 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking through (3) and inserting and (2) . (2) Numerical limitation to any single foreign state Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (A) in subsection (a)(4)— (i) by striking subparagraphs (A) and (B); (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; and (iii) in subparagraph (A), as redesignated by clause (ii) of this paragraph, by striking section 203(a)(2)(B) and inserting section 203(a)(2) ; and (B) in subsection (e), in the flush matter following paragraph (3), by striking , or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A) . (3) Allocation of immigration visas Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent), and inserting became available for the alien’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) by amending paragraph (2) to read as follows: (2) Petitions described The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c) of this section. ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) . (4) Procedure for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or lawful permanent resident after citizen ; (II) in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , alien child, or alien parent described in section 201(b)(2)(A) ; (III) in clause (iii)— (aa) in subclause (I)(aa), by inserting or legal permanent resident after citizen ; and (bb) in subclause (II)(aa)— (AA) in subitems (AA) and (BB), by inserting or legal permanent resident; after citizen each place that term appears; (BB) in subitem (CC), by inserting or legal permanent resident after citizen each place that term appears; and (CC) in subitem (CC)(bbb), by inserting or legal permanent resident after citizenship ; (IV) in clause (iv), by inserting or legal permanent resident after citizen each place that term appears; (V) in clause (v)(I), by inserting or legal permanent resident after citizen ; and (VI) in clause (vi)— (aa) by inserting or legal permanent resident status after renunciation of citizenship ; and (bb) by inserting or legal permanent resident after abuser’s citizenship ; (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (iv) in subparagraph (J), by striking or clause (ii) or (iii) of subparagraph (B) ; (B) in subsection (a), by striking paragraph (2); (C) in subsection (c)(1), by striking or preference status ; and (D) in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii) . 303. Country limits Section 202(a) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a) ) is amended— (1) in paragraph (2)— (A) by striking , (4), and (5) and inserting and (4) ; (B) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (C) by striking 7 percent (in the case of a single foreign state) or 2 percent and inserting 10 percent (in the case of a single foreign state) or 5 percent ; and (D) by striking such subsections and inserting such section ; and (2) by striking paragraph (5). 304. Promoting family unity (a) Waivers of inadmissibility Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended— (1) in subparagraph (B)— (A) in clause (iii)— (i) in subclause (I), by striking 18 years of age and inserting 21 years of age ; (ii) by moving subclause (V) 4 ems to the right; and (iii) by adding at the end the following: (VI) Clause (i) shall not apply to an alien for whom an immigrant visa is available or was available on or before the date of the enactment of the CIR ASAP Act of 2013, and is otherwise admissible to the United States for permanent residence; and ; and (B) in clause (v)— (i) by striking spouse or son or daughter and inserting spouse, son, daughter, or parent ; (ii) by striking extreme ; (iii) by inserting , son, daughter, after lawfully resident spouse ; and (iv) by striking alien. and inserting alien or, if the Attorney General determines that a waiver is necessary for humanitarian purposes, to ensure family unity or is otherwise in the public interest. ; and (2) in subparagraph (C), by amending clause (ii) to read as follows: (ii) Exceptions Clause (i) shall not apply to an alien— (I) seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplication for admission; or (II) for whom an immigrant visa is available or was available on or before the date of the enactment of this Act, and is otherwise admissible to the United States for permanent residence. . (b) False claims and misrepresentations The Immigration and Nationality Act ( 8 U.S.C. 1101 , et seq.) is amended— (1) in section 237(a)(3)(D) ( 8 U.S.C. 1227(a)(3)(D) ), by inserting and willfully after falsely each place such term appears; (2) in section 212(a)(6)(C)(ii) ( 8 U.S.C. 1182(a)(6)(C)(ii) ), by inserting and willfully after falsely each place such term appears; (3) in section 212(a)(6)(C)(iii) ( 8 U.S.C. 1182(a)(6)(C)(iii) ), by striking of clause (i) ; and (4) by amending section 212(i)(1) ( 8 U.S.C. 1182(i)(1) ) to read as follows: (1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. . 305. Surviving relatives (a) Continued Waiver Eligibility for Widows, Widowers and Orphans Section 212(a)(2)(F) is amended to read as follows: (F) Continued Waiver Eligibility for Widows, Widowers and Orphans In the case of an alien who would have been statutorily eligible for a waiver of inadmissibility under the Immigration and Nationality Act but for the death of the qualifying relative, the alien may be considered for any waiver under the Immigration and Nationality Act notwithstanding the death of the qualifying relative upon a showing of hardship to the alien or a family member, or that the granting of the waiver is in the public interest. . (b) Naturalization of surviving relatives Section 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) ) is amended by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States) after citizen of the United States . (c) Protection for the surviving relatives of refugees and asylees An alien described in section 204(l)(2)(D) of the Immigration and Nationality Act may have such petition described in paragraph (2) of section 204(l) or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in such paragraph, and any related applications, adjudicated notwithstanding the death of the qualifying relative, regardless of whether the alien is present inside or outside the United States at the time of the qualifying relative’s death or after the qualifying relative’s death. 306. Extension of waiver authority Section 217(c)(8)(A)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(8)(A)(iii) ) is amended— (1) by striking June 30, 2009 and inserting June 30, 2011 ; and (2) by striking July 1, 2009 and inserting July 1, 2011 . 307. Discretionary waiver for long-term lawful permanent residents Section 240A(a) is amended by inserting after paragraph (3) the following: The Attorney General may waive the application of subparagraph (C) to an individual only if the individual’s conviction resulted in a sentence served of two years or less and the Attorney General determines in his or her sole discretion that the individual does not pose a danger to the community or a national security threat and that subparagraph (C) should be waived for compelling reasons such as to preserve family unity or because removal is otherwise not in the public interest. . 308. Continuous presence Section 240A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(d) ) is amended by striking paragraph (1). 309. Bar on the removal of certain refugees, parolees or asylees (a) In general Chapter 4 of title II of the Immigration and Nationality Act is amended by inserting after section 237 the following new section: 237A. Bar on removal of certain refugees, parolees or asylees No individual who fled their homeland for fear of persecution while under the age of 12 years and was later admitted to the United States as a refugee or parolee or was granted asylum in the United States shall be removed from the United States. . (b) Technical and conforming amendment The table of sections for the Immigration and Nationality Act is amended by inserting after the item relating to section 237 the following new item: Sec. 237A. Bar on removal of certain refugees, parolees or asylees. . 310. Exemption from immigrant visa limit for certain veterans who are natives of Philippines Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Aliens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 ( 8 U.S.C. 1440 note). . 311. Fiancée or fiancé child status protection (a) Definition Section 101(a)(15)(K)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K)(iii) ) is amended by inserting before the semicolon at the end the following: if a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii)) . (b) Adjustment of status authorized Section 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) in paragraph (1), by striking the last sentence; and (3) by inserting after paragraph (1) the following: (2) (A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s minor children are admitted into the United States, such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. (B) Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 3 months after the alien is admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any minor children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. (C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section. (D) An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of his or her status to that of an alien lawfully admitted for permanent residence under this section. . (c) Age determination Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1155(d) ) is amended— (1) by striking (d) The Attorney General and inserting the following: (d) (1) The Attorney General ; and (2) by adding at the end the following: (2) A determination of the age of an alien admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216, using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(ii)). . (d) Effective date (1) In general The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 ( Public Law 99–639 ). (2) Applicability The amendments made by this section shall apply to all petitions or applications described in such amendments that— (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider A motion to reopen or reconsider a petition or application described in paragraph (2)(B) shall be granted if such motion is filed with the Secretary of Homeland Security or the Attorney General not later than 2 years after the date of the enactment of this Act and the Secretary shall use parole authority to permit an alien outside the United States to pursue a petition or application that has been reopened. 312. Equal treatment for all stepchildren Section 101(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(B) ) is amended by striking , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred . 313. Sons and daughters of Filipino World War II veterans Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ), as amended by section 310 of this Act, is further amended by adding at the end the following: (G) Aliens who are eligible for a visa under paragraph (1) or (3) of section 203(a) and are the son or daughter of a citizen of the United States who was naturalized pursuant to section 405 of the Immigration Act of 1990 ( 8 U.S.C. 1440 note). . 314. Determinations under the Haitian Refugee Immigration Fairness Act of 1998 (a) In general Section 902(d) of the Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 note) is amended by adding at the end the following: (3) Determinations with respect to children (A) Use of Application filing date Determinations made under this subsection as to whether an individual is a child of a parent shall be made using the age and status of the individual on October 21, 1998. (B) Application submission by parent Notwithstanding paragraph (1)(C), an application under this subsection filed based on status as a child may be filed for the benefit of such child by a parent or guardian of the child, if the child is physically present in the United States on such filing date. . (b) New Applications and motions To reopen (1) New Applications Notwithstanding section 902(a)(1)(A) of the Haitian Refugee Immigration Fairness Act of 1998, an alien who is eligible for adjustment of status under such Act may submit an application for adjustment of status under such Act not later than the later of— (A) 2 years after the date of the enactment of this Act; or (B) 1 year after the date on which final regulations are promulgated to implement this section and the amendment made by subsection (a). (2) Motions to reopen The Secretary shall establish procedures for the reopening and reconsideration of applications for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 that are affected by the amendment made by subsection (a). (3) Relationship of Application to certain orders Section 902(a)(3) of the Haitian Refugee Immigration Fairness Act of 1998 shall apply to an alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, and who files an application under paragraph (1) or a motion under paragraph (2), in the same manner as such section 902(a)(3) applied to aliens filing applications for adjustment of status under such Act prior to April 1, 2000. (c) Inadmissibility determination Section 902 of the Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a)(1)(B), by inserting (6)(C)(i), after (6)(A), ; and (2) in subsection (d)(1)(D), by inserting (6)(C)(i), after (6)(A), . 315. Discretionary authority Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended by adding at the end the following: (D) Discretion of judge in case of citizen child In the case of an alien subject to removal, deportation, or exclusion who is the parent of a child who is a citizen of the United States, the immigration judge may exercise discretion to decline to order the alien removed, deported, or excluded from the United States if the judge determines that such removal, deportation, or exclusion is clearly against the best interests of the child, except that this subparagraph shall not apply to any alien who the judge determines— (i) is described in section 212(a)(3) or 237(a)(4); or (ii) has engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). . 316. Affidavit of support Section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a ) is amended— (1) in subsection (a)(1)(A) by striking 125 and inserting 100 ; (2) in subsection (f)(1)(E), by striking 125 and inserting 100 ; (3) in subsection (f)(4)(B)(i), by striking 125 and inserting 100 ; and (4) in subsection (f)(5)(A), by striking 125 and inserting 100 . 317. Visa to prevent unauthorized migration (a) Worldwide level of transitional visas Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended by adding at the end the following: (g) Worldwide level of PUM immigrants The worldwide level of PUM immigrants is equal to 100,000 for each fiscal year the PUM visa is authorized. . (b) Transition to safe and legal immigration Section 203 of the Immigration and Nationality Act is amended by adding at the end the following: (i) Prevent Unauthorized Migration (PUM) Transitional visa (1) In general Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 201(g) for PUM immigrants shall be allotted visas during the first three fiscal years following 6 months after enactment of the CIR ASAP Act of 2013 as follows: (A) Determination of admission states The Secretary shall determine for the most recent previous 5-fiscal year period for which data are available— (i) each country (in this paragraph referred to as a transitional visa admission state ) whose nationals represented not less than 5 percent of the total number of unauthorized immigrants to the United States during the 5-fiscal year period; and (ii) the percentage of unauthorized immigrants that nationals of each transitional visa admission state represented of the total number of unauthorized immigrants to all transitional visa admission states during the 5-year period. (B) Distribution of visas (i) For a transitional visa admission state Subject to clause (ii), the percentage of immigrant visas made available under this paragraph to nationals of any single transitional visa admission state shall not exceed the percentage determined for that transitional visa admission state in subparagraph (A)(ii). (ii) Redistribution of unused visa numbers If the Secretary of State estimates that the number of immigrant visas to be issued to nationals in any state for a fiscal year under this paragraph is less than the number of immigrant visas made available to such nationals under this paragraph for the fiscal year, the excess visa numbers shall be made available to nationals of the other states in proportion to the percentages otherwise specified in subparagraph (A)(ii). (2) Eligibility An alien is not eligible for a visa under this subsection unless the alien— (A) at the time of application for such a visa, is not present in the United States and is not entitled to an immigrant status under any other provision of the Immigration and Nationality Act; (B) has no other employment-based or family-based visa application pending; (C) submits to a security and law enforcement background check, according to procedures established by the Secretary; and (D) with regard to education, has completed less than a 4-year college degree program. (3) Requirement with regard to participation in data collection and study Transitional visa holders shall be required to participate in data collection and study as described in section 501(b)(1)(G) of this Act that the Labor Commission deems necessary or helpful to fulfill its purpose and mission. (4) Maintenance of information The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection and share such information to the Labor Commission in Title V of this Act as needed. (5) Order of consideration Immigrant visas made available each fiscal year under this subsection shall be issued to eligible qualified immigrants in a random order established by the Secretary of State. . 318. Adjustment of status (a) Conditional Permanent Resident Status (1) In general (A) Conditional basis for status Notwithstanding any other provision of law, an alien whose status has been adjusted under subsection (b) to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this paragraph. Such conditional permanent resident status shall be valid for a period of 3 years, subject to termination under paragraph (2). (B) Notice of requirements At the time an alien obtains permanent resident status on a conditional basis under subsection (b), the Secretary of Homeland Security shall provide notice to the alien regarding the provisions of this section and the requirements of paragraph (3) to have the conditional basis of such status removed. (2) Termination of status (A) In general The Secretary shall terminate the conditional permanent resident status of any alien who obtained such status under this Act, if the Secretary determines that the alien ceases to meet the requirements of subsection (b)(1). (B) Return to country of origin Any alien whose conditional permanent resident status is terminated under subparagraph (A) shall be required to return to their country of origin. (3) Requirements of timely petition for removal of condition (A) In general In order for the conditional basis of the permanent resident status obtained by an alien under subsection (b) to be removed, the alien must file with the Secretary of Homeland Security, in accordance with paragraph (4), a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in subparagraph (B)(i). (B) Adjudication of petition to remove condition (i) In general If a petition is filed in accordance with clause (A) for an alien, the Secretary shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) and (B) of paragraph (4). (ii) Removal of conditional basis if favorable determination If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien. (iii) Termination of conditional status if unfavorable determination If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate conditional permanent resident status of the alien as of the date of the determination. (C) Time to file petition An alien may petition to remove the conditional basis of lawful resident status during the period beginning 90 days before and ending 180 days after either the date that is 3 years after the date of granting conditional permanent resident status or any other expiration date of the conditional permanent resident status provided by the Secretary in accordance with this Act. The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending. (4) Details of petition (A) Contents of petition Each petition for an alien under paragraph (3)(A) shall contain information to permit the Secretary to determine whether each of the following requirements is met: (i) The alien has demonstrated good moral character during the entire period the alien has been a conditional permanent resident. (ii) The alien is in compliance with subsection (b)(1). (iii) The alien has not abandoned the alien’s residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that the alien has not abandoned the alien’s residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien’s residence in the United States during the period of such service. (iv) The alien has satisfied all Federal income tax liabilities and is in good standing with the Internal Revenue Service as described in (B) of this paragraph. (v) Where applicable, can establish proof of registration under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). (B) Payment of Income Taxes (i) In general Not later than the date on which status is adjusted under this section, a conditional nonimmigrant or conditional nonimmigrant dependent shall satisfy any applicable Federal tax liability by establishing that— (I) no such tax liability exists; (II) all outstanding liabilities have been paid; or (III) the conditional nonimmigrant has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service. (ii) Applicable federal tax liability For purposes of (i), the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year while classified as a conditional permanent resident for which the statutory period for assessment of any deficiency for such taxes has not expired. (iii) IRS cooperation The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to— (I) a conditional permanent resident, upon request, to establish the payment of all taxes required under this subsection; or (II) the Secretary, upon request, regarding the payment of Federal taxes by an alien applying for a benefit under this section. (iv) Compliance The alien may satisfy proof of compliance with this subsection by submitting documentation that establishes that— (I) no such tax liability exists; (II) all outstanding liabilities have been met; or (III) the alien has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service. (b) Adjustment of status (1) Adjustment of status Notwithstanding any other provision of law, and except as otherwise provided in this Act, the Secretary of Homeland Security may adjust the status of an alien granted a PUM visa, subject to the conditional basis described in subsection (a), if the alien demonstrates that the alien is not inadmissible under paragraph (2) (criminal grounds), (3) (security grounds), 4(A) and (B) (public charge), 6(E) (smugglers), or 10(C) (child abductors) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (2) Mandatory fee Aliens granted a waiver of inadmissibility from 212(a) not listed in (1) shall pay a $500 fee that shall be deposited into the Security and Prosperity Account as described in section 502 of the Comprehensive Immigration Reform ASAP Act of 2013. (3) Aliens not subject to direct numerical limitations Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ), as amended by sections 310, 313, and 317(a) of this Act, is further amended by adding at the end the following: (I) Aliens whose status is adjusted under section 203(i). . 319. Rulemaking The Secretary shall promulgate regulations regarding the timely filing and processing of applications for visas awarded under section 203(i) of the Immigration and Nationality Act, as added by section 317(b) of this Act. 320. United States-educated immigrants (a) Exemption from numerical limitations (1) In general Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ), as amended by sections 310, 313, 317(a), and 318(b)(3) of this Act, is further amended by adding at the end the following: (J) Aliens who have earned a master’s or higher degree from an accredited university in the United States. (K) Aliens who have been awarded medical specialty certification based on postdoctoral training and experience in the United States preceding their application for an immigrant visa under section 203(b). (L) Aliens who will perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) as lacking sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers. (M) Aliens who have earned a master’s degree or higher in science, technology, engineering, or mathematics and have been working in a related field in the United States in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under section 203(b). (N) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who have received a national interest waiver under section 203(b)(2)(B). (O) The spouse and minor children of an alien described in subparagraph (J), (K), (L), (M), or (N). . (2) Applicability The amendment made by paragraph (1) shall apply to any visa application— (A) pending on the date of the enactment of this Act; or (B) filed on or after such date of enactment. (b) Labor certifications Section 212(a)(5)(A)(ii) ( 8 U.S.C. 1182(a)(5)(A)(ii) ) is amended— (1) in subclause (I), by striking , or and inserting a semicolon; (2) in subclause (II), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (III) is a member of the professions and has a master’s degree or higher from an accredited university in the United States or has been awarded medical specialty certification based on postdoctoral training and experience in the United States. . (c) Attestation by health care workers (1) Requirement for attestation Section 212(a)(5) ( 8 U.S.C. 1182(a)(5) ) is amended by adding at the end the following: (E) Health care workers with other obligations (i) In general An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence. (ii) Obligation defined In this subparagraph, the term obligation means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence. (iii) Waiver The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that— (I) the obligation was incurred by coercion or other improper means; (II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or (III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver. . (2) Effective date and application (A) Effective date The amendment made by paragraph (1) shall become effective 180 days after the date of the enactment of this Act. (B) Application by the secretary The Secretary shall begin to carry out section 212(a)(5)(E) of the Immigration and Nationality Act, as added by paragraph (1), not later than the effective date described in subparagraph (A), including the requirement for the attestation and the granting of a waiver described in such section, regardless of whether regulations to implement such section have been promulgated. 321. Retaining workers subject to green card backlog (a) Adjustment of status Section 245 ( 8 U.S.C. 1255 ), as amended by this title, is further amended by adding at the end the following: (n) Adjustment of status for employment-Based immigrants (1) Eligibility The Secretary of Homeland Security shall promulgate regulations to provide for the filing of an application for adjustment of status by an alien (and any eligible dependents of such alien), regardless of whether an immigrant visa is immediately available at the time the application is filed, if the alien— (A) has an approved petition under subparagraph (E) or (F) of section 204(a)(1); or (B) at the discretion of the Secretary, has a pending petition under subparagraph (E) or (F) of section 204(a)(1). (2) Visa availability An application filed pursuant to paragraph (1) may not be approved until an immigrant visa becomes available. (3) Fees If an application is filed pursuant to paragraph (1), the beneficiary of such application shall pay a supplemental fee of $500. Such fee may not be charged to any dependent accompanying or following to join such beneficiary. (4) Extension of employment authorization and advanced parole document (A) In general The Secretary of Homeland Security shall provide employment authorization and advanced parole documents, in 3-year increments, to beneficiaries of an application for adjustment of status based on a petition that is filed or, at the discretion of the Secretary, pending, under subparagraph (E) or (F) of section 204(a)(1). (B) Fee adjustments Application fees under this subsection may be adjusted in accordance with the 3-year period of validity assigned to the employment authorization or advanced parole documents under subparagraph (A). . (b) Use of fees Section 286 ( 8 U.S.C. 1356 ) is amended— (1) in subsection (m)— (A) by striking (m) Notwithstanding any other provisions of law, and inserting the following: (m) Immigration examinations fee account (1) In general Notwithstanding any other provision of law, all fees collected under section 245(o)(3) and ; (B) by striking : Provided, however , That all and inserting the following: (2) Virgin islands; Guam All ; and (C) by striking : Provided further , That fees and inserting the following: (3) Cost recovery Fees ; (2) in subsection (n)— (A) by striking (n) All deposits and inserting the following: (4) Use of funds (A) In general Except as provided under subparagraph (B), all deposits ; and (B) adding at the end the following: (B) Supplemental fee for adjustment of status of employment-based immigrants Any amounts deposited into the Immigration Examinations Fee Account that were collected under section 245(o)(3) shall remain available until expended by the Secretary of Homeland Security for backlog reduction and clearing security background check delays. ; (3) in subsection (o), by striking (o) The Attorney General and inserting the following: (5) Annual financial report to congress The Attorney General ; and (4) in subsection (p), by striking (p) The provisions set forth in subsections (m), (n), and (o) of this section and inserting the following: (6) Applicability The provisions set forth in this subsection shall . 322. Return of talent program (a) Short title This section may be cited as the Return of Talent Act . (b) Establishment (1) In general Title III ( 8 U.S.C. 1401 et seq. ) is amended by inserting after section 317 the following: 317A. Temporary absence of persons participating in the return of talent program (a) In general The Secretary of Homeland Security, in consultation with the Secretary of State, shall establish the Return of Talent Program to permit eligible aliens to temporarily return to the alien’s country of citizenship in order to make a material contribution to that country if the country is engaged in postconflict or natural disaster reconstruction activities, for a period not longer than 2 years, unless an exception is granted under subsection (d). (b) Eligible alien An alien is eligible to participate in the Return of Talent Program established under subsection (a) if the alien meets the special immigrant description under section 101(a)(27)(N). (c) Family members The spouse, parents, siblings, and any minor children of an alien who participates in the Return of Talent Program established under subsection (a) may return to such alien’s country of citizenship with the alien and reenter the United States with the alien. (d) Extension of time The Secretary of Homeland Security may extend the 2-year period referred to in subsection (a) upon a showing that circumstances warrant that an extension is necessary for postconflict or natural disaster reconstruction efforts. (e) Residency requirements An immigrant described in section 101(a)(27)(N) who participates in the Return of Talent Program established under subsection (a), and the spouse, parents, siblings, and any minor children who accompany such immigrant to that immigrant’s country of citizenship, shall be considered, during such period of participation in the program— (1) for purposes of section 316(a), physically present and residing in the United States for purposes of naturalization within the meaning of that section; and (2) for purposes of section 316(b), to meet the continuous residency requirements in that section. (f) Oversight and enforcement The Secretary of Homeland Security, in consultation with the Secretary of State, shall oversee and enforce the requirements of this section. . (2) Table of contents The table of contents ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 317 the following: 317A. Temporary absence of persons participating in the Return of Talent Program. . (c) Eligible immigrants Section 101(a)(27) ( 8 U.S.C. 1101(a)(27) ) is amended by adding at the end the following: (N) an immigrant who— (i) has been lawfully admitted to the United States for permanent residence; (ii) demonstrates an ability and willingness to make a material contribution to the postconflict or natural disaster reconstruction in the alien’s country of citizenship; and (iii) as determined by the Secretary of State in consultation with the Secretary of Homeland Security— (I) is a citizen of a country in which Armed Forces of the United States are engaged, or have engaged in the 10 years preceding such determination, in combat or peacekeeping operations; (II) is a citizen of a country where authorization for United Nations peacekeeping operations was initiated by the United Nations Security Council during the 10 years preceding such determination; or (III) is a citizen of a country which received, during the preceding 2 years, funding from the Office of Foreign Disaster Assistance of the United States Agency for International Development in response to a declared disaster in such country by the United States Ambassador, the Chief of the U.S. Mission, or the appropriate Assistant Secretary of State, that is beyond the ability of such country’s response capacity and warrants a response by the United States Government. . (d) Report to Congress Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of State, shall submit a report to Congress that describes— (1) the countries of citizenship of the participants in the Return of Talent Program established under section 317A of the Immigration and Nationality Act, as added by subsection (b); (2) the postconflict or natural disaster reconstruction efforts that benefitted, or were made possible, through participation in the program; and (3) any other information that the Secretary determines to be appropriate. (e) Regulations Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section. (f) Authorization of appropriations There are authorized to be appropriated to United States Citizenship and Immigration Services such sums as may be necessary to carry out this section and the amendments made by this section. IV Earned Legalization of Undocumented Individuals A Conditional Nonimmigrants 401. Conditional nonimmigrants (a) In general (1) Required registration An alien as described in this section shall register with the Department of Homeland Security by submitting biometric identification pursuant to subsection (b) and filing an application with the Secretary that demonstrates the alien’s compliance with the requirements listed in subsections (b) through (e). (2) Classification Notwithstanding any other provision of law, including section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) ), the Secretary shall classify an alien as a conditional nonimmigrant or conditional nonimmigrant dependent if the alien registers pursuant to paragraph (1) and is determined to meet the requirements listed in this section. (b) Compliance with security and law enforcement background checks Registration and classification as a conditional nonimmigrant or conditional nonimmigrant dependent under this section is contingent upon the submission of all required biometric data in accordance with procedures established by the Secretary. (c) Physical presence (1) Presence in the United States The alien shall establish that the alien— (A) was present in the United States on the date of the introduction of this Act in the United States House of Representatives; (B) has been continuously present in the United States since the date described in subparagraph (A); and (C) was not legally present in the United States on the date of the introduction of this Act in the United States House of Representatives under any classification described in section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) or has been in violation of status on or before such date. (2) Continuous presence For purposes of this subsection, an absence from the United States without authorization for a continuous period of more than 180 days between the date of the enactment of this Act and the beginning of the application period for classification as a conditional nonimmigrant or conditional nonimmigrant dependent shall constitute a break in continuous physical presence. Individuals absent under advance parole shall not be considered as failing to meet the continuous physical presence requirement. (d) Otherwise admissible to the United States (1) In general An alien shall be eligible for classification as a conditional nonimmigrant or conditional nonimmigrant dependent if the Secretary determines that the alien— (A) is not inadmissible to the United States under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except as provided in paragraph (2); (B) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (C) is not an alien— (i) who has been convicted by final judgment of a particularly serious crime and constitutes a danger to the community of the United States; (ii) for whom there are reasonable grounds for believing that the alien has committed a particularly serious crime outside the United States before arriving in the United States; or (iii) for whom there are reasonable grounds for regarding the alien as a danger to the security of the United States; and (iv) who has been convicted of a felony or 3 or more misdemeanors for which the alien has served not less than 12 months of imprisonment in the aggregate. (2) Grounds of inadmissibility In determining an alien’s admissibility under paragraph (1)(A)— (A) paragraphs (5), (6), (7), (9), and (10)(B) of section 212(a) of such Act shall not apply; (B) the Secretary may not waive— (i) subparagraph (A), (B), (C), (D)(ii), (E), (G), (H), or (I) of section 212(a)(2) of such Act (relating to criminals); (ii) section 212(a)(3) of such Act (relating to security and related grounds); or (iii) subparagraph (A), (C), or (D) of section 212(a)(10) of such Act (relating to polygamists and child abductors); (C) the Secretary may waive the application of any provision of section 212(a) of such Act not listed in subparagraph (B) on behalf of an individual alien for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest; and (D) nothing in this paragraph shall be construed as affecting the authority of the Secretary other than under this paragraph to waive the provisions of section 212(a) of such Act. (3) Applicability of other provisions Sections 240B(d) and 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1229c(d) and 1231(a)(5)) shall not apply to an alien who is applying for classification under this section for conduct that occurred before the date of enactment of this Act. (e) Contributions to the United States through employment, education, military service or other commitment to the community (1) In general The Secretary shall not accept the registration of an alien, or classify an alien as a conditional nonimmigrant or conditional nonimmigrant dependent unless the alien attests, under penalty of perjury, that he or she is contributing to the United States through one or more of the following enterprises— (A) the alien is employed full-time, part-time, or seasonally in the United States, is self-employed, or is actively seeking employment; (B) is enrolled full- or part-time in an accredited secondary or post-secondary school, university, or other institution of higher education, or an accredited vocational, technical, or other training program; (C) is a member of the active or reserve Armed Services, the National Guard, or other government sponsored civil service program; or (D) otherwise establishes, to the satisfaction of the Secretary, that the alien is an active volunteer or community member. (2) Exemptions The requirements in paragraph (1) shall not apply to any individual who, at the time of registration— (A) is 65 years of age or older, has a physical or mental disability, is pregnant, is the primary caregiver to a child under the age of 16 or to an elderly or disabled person, or is on official extended medical leave; (B) is the spouse of a United States citizen or lawful permanent resident; (C) is a child 21 years of age or younger of a United States citizen or lawful permanent resident; or (D) has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry and had not yet reached the age of 35 years on the date of the enactment of this Act. (3) Definitions In this subtitle: (A) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (B) Uniformed services The term uniformed services has the meaning given that term in section 101(a) of title 10, United States Code. (f) Special rule for spouses and children Notwithstanding any other provision of law, the Secretary shall classify the spouse or child of a conditional nonimmigrant as a conditional nonimmigrant dependent, or provide the spouse or child with a conditional nonimmigrant dependent visa if— (1) the spouse or child is not otherwise inadmissible to the United States as described in subsection (d); (2) in the case of a child, was 21 years of age or younger on the date of enactment of this Act; or (3) in the case of a spouse, was married to the conditional nonimmigrant on or before the date of enactment and is married at the time of the application; (4) except that the spouse or child of an alien who was subsequently classified as a conditional nonimmigrant under this Act may apply for classification as a conditional nonimmigrant if the spousal or parental relationship has terminated and— (A) the termination of the relationship with such spouse or parent was connected to domestic violence; and (B) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who is a conditional nonimmigrant. (g) Application procedures, fee and penalty (1) Application procedures For purposes of establishing enrollment in this program, an application shall be considered complete if it includes appropriate biometric data, applicable fees, penalties through fines, and answers fully and completely all questions attesting to eligibility as described in subsections (a) through (f). The Secretary may require evidence upon initial submission of the application sufficient to establish prima facie eligibility for conditional nonimmigrant or conditional nonimmigrant dependent status. The Secretary may, at his or her discretion, require additional evidence or an interview to make a final determination that an alien has established eligibility for classification. (2) Application fee and penalty (A) Application fee The Secretary shall impose a fee for filing an application under this section. Such fee shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. (B) Penalty (i) In general Except as provided under clause (ii), an alien filing an application under this section shall submit to the Secretary, in addition to the fee required under subparagraph (A), a fine of $500. (ii) Exception An alien who is classified as a conditional nonimmigrant who qualifies for classification based on the exemption in subsection (e)(2)(D) or a conditional nonimmigrant dependent because he or she was younger than 21 years of age on the date of enactment of this Act shall not be required to pay a fine under this paragraph. (C) Disposition of fees and fines (i) Fees Fees collected under this paragraph shall be deposited into the Immigration Examination Fee Account and remain available as provided under subsections (m) and (n) of section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ). (ii) Fines Fines collected under this paragraph shall be deposited into the Security and Prosperity Account established under section 286(w) of such Act. (h) Treatment of applicants (1) In general An alien who files an application under this section to become a conditional nonimmigrant or a conditional nonimmigrant dependent shall be considered enrolled in the program pursuant to subsection (a)(2) until such time as a final determination is made on the application for classification. Following submission of biometric data pursuant to subsection (b) and successful clearance of the Secretary’s security and criminal background checks, a registered alien— (A) shall be granted employment authorization pending final adjudication of the alien’s application; (B) shall be granted permission to travel abroad; (C) may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien’s application, unless the alien, due to subsequent conduct or criminal conviction, becomes ineligible for conditional nonimmigrant classification; and (D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )) until employment authorization under subparagraph (A) is denied. (2) Document of authorization The Secretary shall provide each alien described in paragraph (1) with a counterfeit-resistant document of authorization that— (A) meets all current requirements established by the Secretary for travel documents, including the requirements under section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note); and (B) reflects the benefits and status set forth in paragraph (1). (3) Before application period If an alien is apprehended between the date of the enactment of this Act and the date on which the alien files an application under this section, and the alien can establish prima facie eligibility as a conditional nonimmigrant or a conditional nonimmigrant dependent, the alien shall not be detained and the Secretary shall provide the alien with a reasonable opportunity to file an application under this section. (4) During certain proceedings Notwithstanding any provision of the Immigration and Nationality Act, if an immigration judge determines that an alien who is in removal proceedings has made a prima facie case of eligibility for classification as a conditional nonimmigrant or a conditional nonimmigrant dependent, the judge shall administratively close such proceedings and permit the alien a reasonable opportunity to apply for such classification. (5) Relationships of application to certain orders (A) In general An alien who is present in the United States and has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act— (i) notwithstanding such order, may apply for classification as a conditional nonimmigrant or conditional nonimmigrant dependent under this subtitle; (ii) shall not be required to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal, or voluntary departure order; and (iii) the filing of an application for conditional nonimmigrant or conditional nonimmigrant dependent status shall stay the removal of the alien pending final adjudication of the application, unless the removal or detainment of the alien is based on criminal or national security-related grounds that would render the alien ineligible under this section. (B) Application granted If the Secretary grants the application described in subparagraph (A)(i), the Secretary shall cancel the order described in subparagraph (A). (C) Application denied If the Secretary renders a final administrative decision to deny the application described in subparagraph (A)(i), the order described in subparagraph (A) shall be effective and enforceable to the same extent as if the application had not been made. (i) Classification (1) Benefits and Documentation If the Secretary determines that an alien is eligible for classification as a conditional nonimmigrant or conditional nonimmigrant dependent, the alien shall be entitled to all benefits described in subsection (h)(1). The Secretary may authorize the use of a document described in subsection (h)(2) as evidence of such classification or may issue additional documentation as evidence of classification as a conditional nonimmigrant or conditional nonimmigrant dependent. (2) Period of authorized stay (A) In general Except as provided under subparagraph (C), the period of authorized stay for a conditional nonimmigrant or a conditional nonimmigrant dependent shall be 6 years from the date on which such status is conferred. (B) Extension The Secretary may extend the period described in subparagraph (A) in additional 5-year increments provided that the alien continues to meet the requirements of this section. (j) Termination of benefits (1) In general Any benefit provided to an alien seeking classification as a conditional nonimmigrant or conditional nonimmigrant dependent, or who is classified as such, under this section shall terminate if— (A) the Secretary determines that the alien is ineligible for such classification and all review procedures under section 603 have been exhausted or waived by the alien; (B) the alien has used documentation issued under this section for unlawful or fraudulent purposes; or (C) in the case of the spouse or child of an alien applying for classification as a conditional nonimmigrant or classified as a conditional nonimmigrant under this section, the benefits for the principal alien are terminated unless benefits are terminated due to the death of the principal applicant; provided that the spouse or child shall be given a reasonable opportunity to apply independently for classification under this section. (k) Dissemination of information on conditional nonimmigrant program During the 12-month period immediately following the issuance of regulations implementing this section, the Secretary, in cooperation with entities approved by the Secretary, shall broadly disseminate information respecting conditional nonimmigrant or conditional nonimmigrant dependent classification under this section and the requirements to be satisfied to obtain such classification. The Secretary shall disseminate information to employers and labor unions to advise them of the rights and protections available to them and to workers who file applications under this section. Such information shall be broadly disseminated, in the principal languages, as determined by the Secretary, spoken by aliens who would qualify for classification under this section, including to television, radio, and print media to which such aliens would have access. (l) Construction clause Nothing in this subsection shall be construed to prevent an alien described in this section from filing an application for an immigration benefit in accordance with any other provision of law. 402. Adjustment of status for conditional nonimmigrants (a) Requirements (1) In general Notwithstanding any other provision of law, including section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) ), the Secretary may adjust the status of a conditional nonimmigrant or a conditional nonimmigrant dependent to that of an alien lawfully admitted for permanent residence if the conditional nonimmigrant or conditional nonimmigrant dependent satisfies the applicable requirements under this subsection. (2) Fulfillment of conditional requirements A conditional nonimmigrant applying for adjustment of status under this section shall establish that during the 5-year period immediately preceding the application for adjustment of status, he or she has fulfilled the requirements of the alien’s conditional status by demonstrating that the alien— (A) has not been convicted of any offenses that would render the alien inadmissible as described in subsection (b); (B) has satisfied all past or current Federal income tax liabilities and is in good standing with the Internal Revenue Service as described in subsection (c); (C) can establish that he or she has contributed to the community through employment, education, military service or other enterprise as described in subsection (d); (D) has demonstrated sufficient mastery of basic English skills as described in subsection (e); and (E) where applicable, can establish proof of registration under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). (b) Admissible under immigration laws A conditional nonimmigrant or conditional nonimmigrant dependent applying for adjustment of status under this section shall establish that he or she is not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except for any provision under that section that is not applicable or waived under paragraph (2) or (3) of section 401(d). For purposes of an application filed under this section, any prior waiver of inadmissibility granted to an alien under section 401(d)(2) shall remain in effect with respect to the specific conduct considered by the Secretary at the time of classification under section 401. (c) Payment of income taxes (1) In general Not later than the date on which status is adjusted under this section, a conditional nonimmigrant or conditional nonimmigrant dependent shall satisfy any applicable Federal tax liability by establishing that— (A) no such tax liability exists; (B) all outstanding liabilities have been paid; or (C) the conditional nonimmigrant has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service. (2) Applicable Federal tax liability For purposes of paragraph (1), the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year while classified as a conditional nonimmigrant or conditional nonimmigrant dependent for which the statutory period for assessment of any deficiency for such taxes has not expired. (3) IRS cooperation The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to— (A) a conditional nonimmigrant or conditional nonimmigrant dependent, upon request, to establish the payment of all taxes required under this subsection; or (B) the Secretary, upon request, regarding the payment of Federal taxes by an alien applying for a benefit under this section. (4) Compliance The alien may satisfy proof of compliance with this subsection by submitting documentation that establishes that— (A) no such tax liability exists; (B) all outstanding liabilities have been met; or (C) the alien has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service. (d) Contributions to the United States Through Employment, Education, Military Service or other Commitment to the Community (1) An alien shall demonstrate contributions to the United States by submitting evidence that he or she— (A) is or has been engaged in full-time, part-time, self, or seasonal employment in the United States; or (B) has completed or is enrolled in an accredited education program as described under subsection (e)(1)(B) of section 401; or (C) is serving in the military or has completed military service as described in subsection (e)(1)(C) of section 401; or (D) otherwise establishes, to the satisfaction of the Secretary, that the alien is an active volunteer or community member; or (E) is exempt from these requirements, as described under subsection (e)(2) of section 401; and (F) is self-sufficient or self-supporting, including through the support of family, community members, or others, as determined by the Secretary, such that the alien is not a public charge or at risk of becoming a public charge. (2) Evidence of employment, education, military service or other contributions (A) Conclusive documents An alien may conclusively establish compliance with paragraph (1) by submitting records to the Secretary that demonstrate such employment, education, military service, or other contributions that have been maintained by the Social Security Administration, the Internal Revenue Service, the Armed Services or any other Federal, State, or local government agency or public or private educational institution. (B) Other documents An alien who is unable to submit a document described in subparagraph (A) may satisfy the requirement under paragraph (1) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of contributions to the United States, including— (i) bank records; (ii) business records; (iii) employer records; (iv) records of a labor union, day labor center, or organization that assists workers in employment; (v) records of a registered charitable, voluntary or 501(c)(3) nonprofit organization; (vi) sworn affidavits from nonrelatives who have direct knowledge of the alien’s contribution, that contain— (I) the name, address, and telephone number of the affiant; (II) the nature and duration of the relationship between the affiant and the alien; and (III) other verification or information; and (vii) remittance records. (C) Additional documents and restrictions The Secretary may— (i) designate additional documents to evidence employment, education, military service or and other contributions to the United States; and (ii) set such terms and conditions on the use of affidavits as is necessary to verify and confirm the identity of any affiant or otherwise prevent fraudulent submissions. (3) Burden of proof An alien described in paragraph (1) who is applying for adjustment of status under this section shall prove, by a preponderance of the evidence, that the alien has satisfied the requirements of this subsection. An alien may meet such burden of proof by producing sufficient evidence to demonstrate employment, education, military service, or other contribution to the United States as a matter of reasonable inference. (e) Basic citizenship skills (1) In general Except as provided under paragraph (2), a conditional nonimmigrant or conditional nonimmigrant dependent shall establish that he or she— (A) meets the requirements under section 312 of the Immigration and Nationality Act ( 8 U.S.C. 1423 ); (B) earned a high school diploma or obtained a general education development certificate in the United States; or (C) is satisfactorily pursuing a course of study to achieve such an understanding of English and knowledge and understanding of the history and Government of the United States. (2) Relation to naturalization examination A conditional nonimmigrant or conditional nonimmigrant dependent who demonstrates that he or she meets the requirements under such section 312 may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ). (3) Exceptions (A) Mandatory Paragraph (1) shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment (as described in section 312(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1423(b)(1) )). (B) Discretionary The Secretary may waive all or part of paragraph (1) for a conditional nonimmigrant who is at least 65 years of age on the date on which an application is filed for adjustment of status under this section. (f) Application procedure, fees, and fines (1) Compliance with all requirements A conditional nonimmigrant or conditional nonimmigrant dependent seeking to adjust status to that of a lawful permanent resident shall submit to a full medical examination and all security and other law enforcement checks required of an applicant for adjustment under section 245 of the Immigration and Nationality Act. (2) Application and fee The Secretary shall promulgate regulations establishing procedures for submitting an application for adjustment of status under this section. The Secretary shall impose a fee for filing an application for adjustment of status under this section which shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. (3) Deposit of fees Fees collected under this paragraph shall be deposited into the Immigration Examination Fee Account and shall remain available as provided under subsections (m) and (n) of section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ). (g) Treatment of conditional nonimmigrant dependents (1) Adjustment of status Notwithstanding any other provision of law, the Secretary may— (A) adjust the status of a conditional nonimmigrant dependent to that of a person admitted for lawful permanent residence if the principal conditional nonimmigrant spouse or parent has been found eligible for adjustment of status under this section, provided that the dependent complies with subparagraphs (A), (B), and (E), where applicable, of subsection (a)(2) and completes the application requirements described in subsection (f); (B) adjust the status of a conditional nonimmigrant dependent who was the spouse or child of an alien who was classified as a conditional nonimmigrant, or was eligible for such classification under section 401, to that of a person admitted for permanent residence if— (i) the termination of the relationship with such spouse or parent was connected to domestic violence; and (ii) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent; provided that the dependent complies with subparagraphs (A), (B), and (E), where applicable, of subsection (a)(2) and completes the application requirements described in subsection (g). (2) Application of other law In processing applications under this subsection on behalf of aliens who have been battered or subjected to extreme cruelty, the Secretary shall apply— (A) the provisions under section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ); and (B) the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). (h) Back of the line (1) In general An alien may not adjust status to that of a lawful permanent resident status under this Act until that earlier of— (A) 30 days after an immigrant visa becomes available for petitions filed under section 201, 202, or 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153), which were filed before the date of enactment of this Act; or (B) 6 years after the date of the enactment of this Act. (2) Special rule for conditional immigrants qualifying under subsection (e)(2)(D) of section 401 An alien who qualifies as a conditional nonimmigrant as described in subsection (e)(2)(D) of section 401 shall be eligible to apply for adjustment of status immediately upon the completion of one of the following: (A) The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States. (B) The alien has served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge. (C) The alien has been employed full-time, part-time, or seasonally for at least 2 years prior to date of application. (3) Naturalization For purposes of naturalization only, aliens who adjust their status to that of a lawful permanent resident under the special rule described in paragraph (2) shall be eligible to apply for naturalization 3 years after the date on which adjustment of status is granted. (i) Ineligibility for public benefits For purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 ), an alien whose status has been adjusted under this section shall not be eligible for any Federal means-tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title IV of such Act ( 8 U.S.C. 1601 et seq. ). 403. Administrative and judicial review (a) Administrative review (1) Single level of administrative Appellate review The Secretary of Homeland Security shall establish an independent appellate authority within the Bureau of Citizenship and Immigration Services to provide for a single level of administrative appellate review of a determination respecting an application for classification or adjustment of status under this subtitle. (2) Standard for review Administrative appellate review referred to in paragraph (1) shall be based solely upon the administrative record established at the time of the determination on the application and upon the presentation of additional or newly discovered evidence during the time of the pending appeal or subsequently on motion to reopen. (b) Judicial review (1) Direct review A person whose application for classification or adjustment of status under this subtitle is denied after administrative appellate review under subsection (a) may seek review of such denial, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides. (2) Review after removal proceedings There shall be judicial review in the Federal courts of appeal of the denial of an application for classification or adjustment of status under this subtitle in conjunction with judicial review of an order of removal, deportation, or exclusion. (3) Standard for judicial review Judicial review of a denial of an application under this subtitle shall be based upon the administrative record established at the time of the review, but the court may remand the case to the agency for consideration of additional evidence where the court finds that the evidence is material and there were reasonable grounds for failure to adduce the evidence before the agency. Notwithstanding any other provision of law, judicial review of all questions arising from a denial of an application under this subtitle shall be governed by the standard of review set forth in chapter 7 of title 5, United States Code. (4) Remedial powers Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary of Homeland Security in the operation or implementation of this subtitle that is arbitrary, capricious, or otherwise contrary to law, and may order any appropriate relief. The district courts may order any appropriate relief in accordance with the preceding sentence without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that resolution of such cause or claim will serve judicial and administrative efficiency or that a remedy would otherwise not be reasonably available or practicable. (c) Stay of removal Aliens seeking administrative or judicial review under this section shall not be removed from the United States until a final decision is rendered establishing ineligibility under this subtitle. 404. Mandatory disclosure of information (a) Mandatory disclosure The Secretary and the Secretary of State shall provide a duly recognized law enforcement entity that submits a written request with the information furnished pursuant to an application filed under this subtitle, and any other information derived from such furnished information, in connection with a criminal investigation or prosecution, or a national security investigation or prosecution, of an individual suspect or group of suspects. (b) Limitations Except as otherwise provided under this section, no Federal agency, or any officer, employee, or agent of such agency, may— (1) use the information furnished by the applicant pursuant to an application for benefits under this subtitle for any purpose other than to make a determination on the application; (2) make any publication through which the information furnished by any particular applicant can be identified; or (3) permit anyone other than the sworn officers and employees of such agency to examine individual applications. (c) Construction Nothing under subsection (b) shall prevent an alien or an alien’s attorney access to his or her application, case file, or information related to such application or adjudication thereof. (d) Criminal penalty Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. 405. Penalties for false statements in applications (a) Criminal Penalty (1) Violation It shall be unlawful for any person— (A) to file, or assist in filing, an application for benefits under this subtitle; and (i) to knowingly and willfully falsify, misrepresent, conceal, or cover up a material fact; (ii) to make any false, fictitious, or fraudulent statements or representations; or (iii) to make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (B) to create or supply a false writing or document for use in making such an application. (2) Penalty Any person who violates paragraph (1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (b) Inadmissibility An alien who is convicted of violating subsection (a) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ). (c) Exception Notwithstanding subsections (a) and (b), any alien or other entity (including an employer or union) that submits an employment record that contains incorrect data used by the alien to obtain such employment, shall not, on that ground, be determined to have violated this section. 406. Aliens not subject to direct numerical limitations Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ), as amended by title III, is further amended— (1) in subparagraph (A), by striking subparagraph (A) or (B) of ; and (2) by adding at the end the following: (N) Aliens whose status is adjusted from that of a conditional nonimmigrant or conditional nonimmigrant dependent. . 407. Employer protections (a) Immigration status of alien Employers of aliens applying for conditional nonimmigrant or conditional nonimmigrant dependent classification or adjustment of status under section 401 or 402 shall not be subject to civil and criminal tax liability relating directly to the employment of such alien before receiving employment authorization under this subtitle. (b) Provision of employment records Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for conditional nonimmigrant or conditional nonimmigrant dependent classification or adjustment of status under section 401 or 402 or any other application or petition pursuant to any other immigration law, shall not be subject to civil and criminal liability under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) for employing such unauthorized aliens. (c) Applicability of other law Nothing in this section may be used to shield an employer from liability under section 274B of the Immigration and Nationality Act ( 8 U.S.C. 1324b ) or any other labor or employment law. 408. Limitations on eligibility (a) In general An alien is not ineligible for any immigration benefit under any provision of this subtitle, or any amendment made by this subtitle, solely on the basis that the alien violated section 1543, 1544, or 1546 of title 18, United States Code, or any amendment made by this Act, during the period beginning on the date of the enactment of this Act and ending on the date on which the alien applies for any benefits under this subtitle. (b) Prosecution An alien who violates section 1543, 1544, or 1546 of such title, or any amendment made by this Act, during the period beginning on the date of the enactment of this Act and ending on the date that the alien applies for eligibility for such benefit may be prosecuted for the violation if the alien’s application for such benefit is denied. 409. Rulemaking The Secretary shall promulgate regulations regarding the timely filing and processing of applications for benefits under this subtitle. 410. Correction of Social Security records (a) In general Section 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking or at the end; (2) in subparagraph (C), by inserting or at the end; (3) by inserting after subparagraph (C) the following: (D) who is granted an adjustment of immigration status pursuant to the CIR ASAP Act of 2013 or an amendment made by that Act, ; and (4) by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted an adjustment of status described in such subparagraph. . (b) Effective date The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act. 411. Restoration of State option to determine residency for purposes of higher education benefits (a) In General Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. (b) Effective Date The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–546). 412. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle. (b) Availability of funds Funds appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress It is the sense of Congress that funds authorized to be appropriated under subsection (a) should be directly appropriated so as to facilitate the orderly and timely commencement of the processing of applications filed under sections 401 and 402. B Agricultural Job Opportunities, Benefits, and Security 1 Title and definitions 421. Short title This subtitle may be cited as the Agricultural Job Opportunities, Benefits, and Security Act of 2013 or the AgJOBS Act of 2013 . 422. Definitions In this Act: (1) Agricultural employment The term agricultural employment means any service or activity that is considered to be agricultural under section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ) or agricultural labor under section 3121(g) of the Internal Revenue Code of 1986 or the performance of agricultural labor or services described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ). (2) Blue card status The term blue card status means the status of an alien who has been lawfully admitted into the United States for temporary residence under section 101(a). (3) Department The term Department means the Department of Homeland Security. (4) Employer The term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment. (5) Secretary Except as otherwise provided, the term Secretary means the Secretary of Homeland Security. (6) Work day The term work day means any day in which the individual is employed 5.75 or more hours in agricultural employment. 2 Pilot Program for Earned Status Adjustment of Agricultural Workers A Blue card status 431. Requirements for blue card status (a) Requirement To grant blue card status Notwithstanding any other provision of law, the Secretary shall, pursuant to the requirements of this section, grant blue card status to an alien who qualifies under this section if the Secretary determines that the alien— (1) during the 24-month period ending on December 31, 2013— (A) performed agricultural employment in the United States for at least 863 hours or 150 work days; or (B) earned at least $7,500 from agricultural employment in the United States; (2) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; (3) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), except as otherwise provided under section 105(b); and (4) has not been convicted of any felony or a misdemeanor, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500. (b) Authorized travel An alien who is granted blue card status is authorized to travel outside the United States (including commuting to the United States from a residence in a foreign country) in the same manner as an alien lawfully admitted for permanent residence. (c) Authorized employment The Secretary shall provide an alien who is granted blue card status an employment authorized endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence. (d) Termination of blue card status (1) Deportable aliens The Secretary shall terminate blue card status granted to an alien if the Secretary determines that the alien is deportable. (2) Other grounds for termination The Secretary shall terminate blue card status granted to an alien if— (A) the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ); or (B) the alien— (i) commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), except as provided under section 105(b); (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; (iii) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500; or (iv) fails to perform the agricultural employment required under paragraph (1)(A) of section 103(a) unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph (3) of such section. (e) Record of employment (1) In general Each employer of an alien granted blue card status shall annually— (A) provide a written record of employment to the alien; and (B) provide a copy of such record to the Secretary. (2) Civil penalties (A) In general If the Secretary finds, after notice and opportunity for a hearing, that an employer of an alien granted blue card status has failed to provide the record of employment required under paragraph (1) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $1,000 per violation. (B) Limitation The penalty applicable under subparagraph (A) for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section. (3) Sunset The obligation under paragraph (1) shall terminate on the date that is 6 years after the date of the enactment of this Act. (f) Required features of identity card The Secretary shall provide each alien granted blue card status, and the spouse and any child of each such alien residing in the United States, with a card that contains— (1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes. (g) Fine An alien granted blue card status shall pay a fine of $100 to the Secretary. (h) Maximum number The Secretary may not issue more than 1,350,000 blue cards during the 5-year period beginning on the date of the enactment of this Act. 432. Treatment of aliens granted blue card status (a) In general Except as otherwise provided under this section, an alien granted blue card status (including a spouse or child of the alien granted derivative status) shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (b) Delayed eligibility for certain Federal public benefits Except as otherwise provided in law, an alien granted blue card status shall not be eligible, by reason of such status, for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) until 5 years after the date on which the alien is granted an adjustment of status under section 103. 433. Adjustment to permanent residence (a) In general Except as provided in subsection (b), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied: (1) Qualifying employment (A) In general Subject to subparagraph (B), the alien has performed at least— (i) 5 years of agricultural employment in the United States for at least 100 work days per year, during the 5-year period beginning on the date of the enactment of this Act; or (ii) 3 years of agricultural employment in the United States for at least 150 work days per year, during the 3-year period beginning on the date of the enactment of this Act. (B) 4-year period of employment An alien shall be considered to meet the requirements of subparagraph (A) if the alien has performed 4 years of agricultural employment in the United States for at least 150 work days during 3 years of those 4 years and at least 100 work days during the remaining year, during the 4-year period beginning on the date of the enactment of this Act. (2) Proof An alien may demonstrate compliance with the requirement under paragraph (1) by submitting— (A) the record of employment described in section 101(e); or (B) documentation that may be submitted under section 104(c). (3) Extraordinary circumstances (A) In general In determining whether an alien has met the requirement of paragraph (1)(A), the Secretary may credit the alien with not more than 12 additional months of agricultural employment in the United States to meet such requirement if the alien was unable to work in agricultural employment due to— (i) pregnancy, injury, or disease, if the alien can establish such pregnancy, disabling injury, or disease through medical records; (ii) illness, disease, or other special needs of a minor child, if the alien can establish such illness, disease, or special needs through medical records; (iii) severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time; or (iv) termination from agricultural employment, if the Secretary finds that the termination was without just cause and that the alien was unable to find alternative agricultural employment after a reasonable job search. (B) Effect of finding A finding made under subparagraph (A)(iv), with respect to an alien, shall not— (i) be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party; or (ii) subject the alien's employer to the payment of attorney fees incurred by the alien in seeking to obtain a finding under subparagraph (A)(iv). (4) Application period The alien applies for adjustment of status not later than 7 years after the date of the enactment of this Act. (5) Fine The alien pays a fine of $400 to the Secretary. (b) Grounds for denial of adjustment of status The Secretary shall deny an alien granted blue card status an adjustment of status under this section if— (1) the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ); or (2) the alien— (A) commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), except as provided under section 105(b); (B) is convicted of a felony or 3 or more misdemeanors committed in the United States; (C) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500; or (D) failed to perform the agricultural employment required under paragraph (1)(A) of subsection (a) unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph (3) of such subsection. (c) Grounds for removal Any alien granted blue card status who does not apply for adjustment of status under this section before the expiration of the application period described in subsection (a)(4) or who fails to meet the other requirements of subsection (a) by the end of the application period, is deportable and may be removed under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ). (d) Payment of taxes (1) In general Not later than the date on which an alien’s status is adjusted under this section, the alien shall establish that the alien does not owe any applicable Federal tax liability by establishing that— (A) no such tax liability exists; (B) all such outstanding tax liabilities have been paid; or (C) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service. (2) Applicable federal tax liability In paragraph (1) the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required under subsection (a)(1) for which the statutory period for assessment of any deficiency for such taxes has not expired. (3) IRS cooperation The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to an alien upon request to establish the payment of all taxes required by this subsection. (e) Spouses and minor children (1) In general Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted any adjustment of status under subsection (a), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident. (2) Treatment of spouses and minor children (A) Granting of status and removal The Secretary shall grant derivative status to the alien spouse and any minor child residing in the United States of an alien granted blue card status and shall not remove such derivative spouse or child during the period that the alien granted blue card status maintains such status, except as provided in paragraph (3). A grant of derivative status to such a spouse or child under this subparagraph shall not decrease the number of aliens who may receive blue card status under subsection (h) of section 101. (B) Travel The derivative spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence. (C) Employment The derivative spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. (3) Grounds for denial of adjustment of status and removal The Secretary shall deny an alien spouse or child adjustment of status under paragraph (1) and may remove such spouse or child under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) if the spouse or child— (A) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act ( 8 U.S.C. 1182 ), except as provided under section 105(b); (B) is convicted of a felony or 3 or more misdemeanors committed in the United States; or (C) is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500. 434. Applications (a) Submission The Secretary shall provide that— (1) applications for blue card status may be submitted— (A) to the Secretary if the applicant is represented by an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; or (B) to a qualified designated entity if the applicant consents to the forwarding of the application to the Secretary; and (2) applications for adjustment of status under section 103 shall be filed directly with the Secretary. (b) Qualified designated entity defined In this section, the term qualified designated entity means— (1) a qualified farm labor organization or an association of employers designated by the Secretary; or (2) any such other person designated by the Secretary if that Secretary determines such person is qualified and has substantial experience, demonstrated competence, and has a history of long-term involvement in the preparation and submission of applications for adjustment of status under section 209, 210, or 245 of the Immigration and Nationality Act ( 8 U.S.C. 1159 , 1160, and 1255) , the Act entitled An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes , approved November 2, 1966 ( Public Law 89–732 ; 8 U.S.C. 1255 note), Public Law 95–145 ( 8 U.S.C. 1255 note), or the Immigration Reform and Control Act of 1986 ( Public Law 99–603 ; 100 Stat. 3359) or any amendment made by that Act. (c) Proof of eligibility (1) In general An alien may establish that the alien meets the requirement of section 101(a)(1) or 103(a)(1) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name. (2) Documentation of work history (A) Burden of proof An alien applying for status under section 101(a) or 103(a) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days required under section 101(a)(1) or 103(a)(1), as applicable. (B) Timely production of records If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien’s burden of proof under subparagraph (A) may be met by securing timely production of those records under regulations to be promulgated by the Secretary. (C) Sufficient evidence An alien may meet the burden of proof under subparagraph (A) to establish that the alien has performed the days or hours of work required by section 101(a)(1) or 103(a)(1) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. (d) Applications submitted to qualified designated entities (1) Requirements Each qualified designated entity shall agree— (A) to forward to the Secretary an application submitted to that entity pursuant to subsection (a)(1)(B) if the applicant has consented to such forwarding; (B) not to forward to the Secretary any such application if the applicant has not consented to such forwarding; and (C) to assist an alien in obtaining documentation of the alien's work history, if the alien requests such assistance. (2) No authority to make determinations No qualified designated entity may make a determination required by this subtitle to be made by the Secretary. (e) Limitation on access to information Files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential and the Secretary shall not have access to such a file or record relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to subsection (f). (f) Confidentiality of information (1) In general Except as otherwise provided in this section, the Secretary or any other official or employee of the Department or a bureau or agency of the Department is prohibited from— (A) using information furnished by the applicant pursuant to an application filed under this subtitle, the information provided by an applicant to a qualified designated entity, or any information provided by an employer or former employer for any purpose other than to make a determination on the application or for imposing the penalties described in subsection (g); (B) making any publication in which the information furnished by any particular individual can be identified; or (C) permitting a person other than a sworn officer or employee of the Department or a bureau or agency of the Department or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications. (2) Required disclosures The Secretary shall provide the information furnished under this subtitle or any other information derived from such furnished information to— (A) a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, if such information is requested in writing by such entity; or (B) an official coroner, for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime. (3) Construction (A) In general Nothing in this subsection shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes, of information contained in files or records of the Department pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source. (B) Criminal convictions Notwithstanding any other provision of this subsection, information concerning whether the alien applying for blue card status or an adjustment of status under section 103 has been convicted of a crime at any time may be used or released for immigration enforcement or law enforcement purposes. (4) Crime Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be subject to a fine in an amount not to exceed $10,000. (g) Penalties for false statements in applications (1) Criminal penalty Any person who— (A) files an application for blue card status or an adjustment of status under section 103 and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (B) creates or supplies a false writing or document for use in making such an application, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (2) Inadmissibility An alien who is convicted of a crime under paragraph (1) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ). (h) Eligibility for legal services Section 504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ) from providing legal assistance directly related to an application for blue card status or an adjustment of status under section 103. (i) Application fees (1) Fee schedule The Secretary shall provide for a schedule of fees that— (A) shall be charged for the filing of an application for blue card status or for an adjustment of status under section 103; and (B) may be charged by qualified designated entities to help defray the costs of services provided to such applicants. (2) Prohibition on excess fees by qualified designated entities A qualified designated entity may not charge any fee in excess of, or in addition to, the fees authorized under paragraph (1)(B) for services provided to applicants. (3) Disposition of fees (A) In general There is established in the general fund of the Treasury a separate account, which shall be known as the Agricultural Worker Immigration Status Adjustment Account . Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under paragraph (1)(A). (B) Use of fees for application processing Amounts deposited in the Agricultural Worker Immigration Status Adjustment Account shall remain available to the Secretary until expended for processing applications for blue card status or an adjustment of status under section 103. 435. Waiver of numerical limitations and certain grounds for inadmissibility (a) Numerical limitations do not apply The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under section 103. (b) Waiver of certain grounds of inadmissibility In the determination of an alien’s eligibility for status under section 101(a) or an alien’s eligibility for adjustment of status under section 103(b)(2)(A) the following rules shall apply: (1) Grounds of exclusion not applicable The provisions of paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply. (2) Waiver of other grounds (A) In general Except as provided in subparagraph (B), the Secretary may waive any other provision of such section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or if otherwise in the public interest. (B) Grounds that may not be waived Subparagraphs (A), (B), (C), (D), (G), (H), and (I) of paragraph (2) and paragraphs (3) and (4) of such section 212(a) may not be waived by the Secretary under subparagraph (A). (C) Construction Nothing in this paragraph shall be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions of such section 212(a). (3) Special rule for determination of public charge An alien is not ineligible for blue card status or an adjustment of status under section 103 by reason of a ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) ) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance. (c) Temporary stay of removal and work authorization for certain applicants (1) Before application period Effective on the date of enactment of this Act, the Secretary shall provide that, in the case of an alien who is apprehended before the beginning of the application period described in section 101(a)(2) and who can establish a nonfrivolous case of eligibility for blue card status (but for the fact that the alien may not apply for such status until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for blue card status, the alien— (A) may not be removed; and (B) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose. (2) During application period The Secretary shall provide that, in the case of an alien who presents a nonfrivolous application for blue card status during the application period described in section 101(a)(2), including an alien who files such an application within 30 days of the alien’s apprehension, and until a final determination on the application has been made in accordance with this section, the alien— (A) may not be removed; and (B) shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose. 436. Administrative and judicial review (a) In general There shall be no administrative or judicial review of a determination respecting an application for blue card status or adjustment of status under section 103 except in accordance with this section. (b) Administrative review (1) Single level of administrative appellate review The Secretary shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination. (2) Standard for review Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination. (c) Judicial review (1) Limitation to review of removal There shall be judicial review of such a determination only in the judicial review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ). (2) Standard for judicial review Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole. 437. Use of information Beginning not later than the first day of the application period described in section 101(a)(2), the Secretary, in cooperation with qualified designated entities (as that term is defined in section 104(b)), shall broadly disseminate information respecting the benefits that aliens may receive under this subtitle and the requirements that an alien is required to meet to receive such benefits. 438. Regulations, effective date, authorization of appropriations (a) Regulations The Secretary shall issue regulations to implement this subtitle not later than the first day of the seventh month that begins after the date of enactment of this Act. (b) Effective date This subtitle shall take effect on the date that regulations required by subsection (a) are issued, regardless of whether such regulations are issued on an interim basis or on any other basis. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to implement this subtitle, including any sums needed for costs associated with the initiation of such implementation, for fiscal years 2014 and 2015. B Correction of Social Security Records 441. Correction of Social Security records (a) In General Section 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking or at the end; (2) in subparagraph (C), by inserting or at the end; (3) by inserting after subparagraph (C) the following: (D) who is granted blue card status under the Agricultural Job Opportunities, Benefits, and Security Act of 2013 ; and (4) by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted blue card status. . (b) Effective Date The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act. 3 Reform of H–2A worker program 451. Amendments to the Immigration and Nationality Act (a) In General Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by striking section 218 and inserting the following: 218. H–2a employer applications (a) Applications to the Secretary of Labor (1) In general No alien may be admitted to the United States as an H–2A worker, or otherwise provided status as an H–2A worker, unless the employer has filed with the Secretary of Labor an application containing— (A) the assurances described in subsection (b); (B) a description of the nature and location of the work to be performed; (C) the anticipated period (expected beginning and ending dates) for which the workers will be needed; and (D) the number of job opportunities in which the employer seeks to employ the workers. (2) Accompanied by job offer Each application filed under paragraph (1) shall be accompanied by a copy of the job offer describing the wages and other terms and conditions of employment and the bona fide occupational qualifications that shall be possessed by a worker to be employed in the job opportunity in question. (b) Assurances for Inclusion in Applications The assurances referred to in subsection (a)(1) are the following: (1) Job opportunities covered by collective bargaining agreements With respect to a job opportunity that is covered under a collective bargaining agreement: (A) Union contract described The job opportunity is covered by a union contract which was negotiated at arm’s length between a bona fide union and the employer. (B) Strike or lockout The specific job opportunity for which the employer is requesting an H–2A worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute. (C) Notification of bargaining representatives The employer, at the time of filing the application, has provided notice of the filing under this paragraph to the bargaining representative of the employer’s employees in the occupational classification at the place or places of employment for which aliens are sought. (D) Temporary or seasonal job opportunities The job opportunity is temporary or seasonal. (E) Offers to united states workers The employer has offered or will offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is, or the nonimmigrants are, sought and who will be available at the time and place of need. (F) Provision of insurance If the job opportunity is not covered by the State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State’s workers’ compensation law for comparable employment. (2) Job opportunities not covered by collective bargaining agreements With respect to a job opportunity that is not covered under a collective bargaining agreement: (A) Strike or lockout The specific job opportunity for which the employer has applied for an H–2A worker is not vacant because the former occupant is on strike or being locked out in the course of a labor dispute. (B) Temporary or seasonal job opportunities The job opportunity is temporary or seasonal. (C) Benefit, wage, and working conditions The employer will provide, at a minimum, the benefits, wages, and working conditions required by section 218A to all workers employed in the job opportunities for which the employer has applied for an H–2A worker under subsection (a) and to all other workers in the same occupation at the place of employment. (D) Nondisplacement of United States workers The employer did not displace and will not displace a United States worker employed by the employer during the period of employment and for a period of 30 days preceding the period of employment in the occupation at the place of employment for which the employer has applied for an H–2A worker. (E) Requirements for placement of the nonimmigrant with other employers The employer will not place the nonimmigrant with another employer unless— (i) the nonimmigrant performs duties in whole or in part at 1 or more worksites owned, operated, or controlled by such other employer; (ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; and (iii) the employer has inquired of the other employer as to whether, and has no actual knowledge or notice that, during the period of employment and for a period of 30 days preceding the period of employment, the other employer has displaced or intends to displace a United States worker employed by the other employer in the occupation at the place of employment for which the employer seeks approval to employ H–2A workers. (F) Statement of liability The application form shall include a clear statement explaining the liability under subparagraph (E) of an employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph. (G) Provision of insurance If the job opportunity is not covered by the State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker’s employment which will provide benefits at least equal to those provided under the State’s workers’ compensation law for comparable employment. (H) Employment of United States workers (i) Recruitment The employer has taken or will take the following steps to recruit United States workers for the job opportunities for which the H–2A nonimmigrant is, or H–2A nonimmigrants are, sought: (I) Contacting former workers The employer shall make reasonable efforts through the sending of a letter by United States Postal Service mail, or otherwise, to contact any United States worker the employer employed during the previous season in the occupation at the place of intended employment for which the employer is applying for workers and has made the availability of the employer’s job opportunities in the occupation at the place of intended employment known to such previous workers, unless the worker was terminated from employment by the employer for a lawful job-related reason or abandoned the job before the worker completed the period of employment of the job opportunity for which the worker was hired. (II) Filing a job offer with the local office of the state employment security agency Not later than 28 days before the date on which the employer desires to employ an H–2A worker in a temporary or seasonal agricultural job opportunity, the employer shall submit a copy of the job offer described in subsection (a)(2) to the local office of the State employment security agency which serves the area of intended employment and authorize the posting of the job opportunity on America’s Job Bank or other electronic job registry, except that nothing in this subclause shall require the employer to file an interstate job order under section 653 of title 20, Code of Federal Regulations. (III) Advertising of job opportunities Not later than 14 days before the date on which the employer desires to employ an H–2A worker in a temporary or seasonal agricultural job opportunity, the employer shall advertise the availability of the job opportunities for which the employer is seeking workers in a publication in the local labor market that is likely to be patronized by potential farm workers. (IV) Emergency procedures The Secretary of Labor shall, by regulation, provide a procedure for acceptance and approval of applications in which the employer has not complied with the provisions of this subparagraph because the employer’s need for H–2A workers could not reasonably have been foreseen. (ii) Job offers The employer has offered or will offer the job to any eligible United States worker who applies and is equally or better qualified for the job for which the nonimmigrant is, or nonimmigrants are, sought and who will be available at the time and place of need. (iii) Period of employment The employer will provide employment to any qualified United States worker who applies to the employer during the period beginning on the date on which the H–2A worker departs for the employer’s place of employment and ending on the date on which 50 percent of the period of employment for which the H–2A worker who is in the job was hired has elapsed, subject to the following requirements: (I) Prohibition No person or entity shall willfully and knowingly withhold United States workers before the arrival of H–2A workers in order to force the hiring of United States workers under this clause. (II) Complaints Upon receipt of a complaint by an employer that a violation of subclause (I) has occurred, the Secretary of Labor shall immediately investigate. The Secretary of Labor shall, within 36 hours of the receipt of the complaint, issue findings concerning the alleged violation. If the Secretary of Labor finds that a violation has occurred, the Secretary of Labor shall immediately suspend the application of this clause with respect to that certification for that date of need. (III) Placement of united states workers Before referring a United States worker to an employer during the period described in the matter preceding subclause (I), the Secretary of Labor shall make all reasonable efforts to place the United States worker in an open job acceptable to the worker, if there are other job offers pending with the job service that offer similar job opportunities in the area of intended employment. (iv) Statutory construction Nothing in this subparagraph shall be construed to prohibit an employer from using such legitimate selection criteria relevant to the type of job that are normal or customary to the type of job involved so long as such criteria are not applied in a discriminatory manner. (c) Applications by Associations on Behalf of Employer Members (1) In general An agricultural association may file an application under subsection (a) on behalf of 1 or more of its employer members that the association certifies in its application has or have agreed in writing to comply with the requirements of this section and sections 218A, 218B, and 218C. (2) Treatment of associations acting as employers If an association filing an application under paragraph (1) is a joint or sole employer of the temporary or seasonal agricultural workers requested on the application, the certifications granted under subsection (e)(2)(B) to the association may be used for the certified job opportunities of any of its producer members named on the application, and such workers may be transferred among such producer members to perform the agricultural services of a temporary or seasonal nature for which the certifications were granted. (d) Withdrawal of Applications (1) In general An employer may withdraw an application filed pursuant to subsection (a), except that if the employer is an agricultural association, the association may withdraw an application filed pursuant to subsection (a) with respect to 1 or more of its members. To withdraw an application, the employer or association shall notify the Secretary of Labor in writing, and the Secretary of Labor shall acknowledge in writing the receipt of such withdrawal notice. An employer who withdraws an application under subsection (a), or on whose behalf an application is withdrawn, is relieved of the obligations undertaken in the application. (2) Limitation An application may not be withdrawn while any alien provided status under section 101(a)(15)(H)(ii)(a) pursuant to such application is employed by the employer. (3) Obligations under other statutes Any obligation incurred by an employer under any other law or regulation as a result of the recruitment of United States workers or H–2A workers under an offer of terms and conditions of employment required as a result of making an application under subsection (a) is unaffected by withdrawal of such application. (e) Review and Approval of Applications (1) Responsibility of employers The employer shall make available for public examination, within 1 working day after the date on which an application under subsection (a) is filed, at the employer’s principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). (2) Responsibility of the secretary of labor (A) Compilation of list The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under subsection (a). Such list shall include the wage rate, number of workers sought, period of intended employment, and date of need. The Secretary of Labor shall make such list available for examination in the District of Columbia. (B) Review of applications The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that the application is incomplete or obviously inaccurate, the Secretary of Labor shall certify that the intending employer has filed with the Secretary of Labor an application as described in subsection (a). Such certification shall be provided within 7 days of the filing of the application. 218A. H–2a employment requirements (a) Preferential Treatment of Aliens Prohibited Employers seeking to hire United States workers shall offer the United States workers no less than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H–2A workers. Conversely, no job offer may impose on United States workers any restrictions or obligations which will not be imposed on the employer’s H–2A workers. (b) Minimum Benefits, Wages, and Working Conditions Except in cases where higher benefits, wages, or working conditions are required by the provisions of subsection (a), in order to protect similarly employed United States workers from adverse effects with respect to benefits, wages, and working conditions, every job offer which shall accompany an application under section 218(b)(2) shall include each of the following benefit, wage, and working condition provisions: (1) Requirement to provide housing or a housing allowance (A) In general An employer applying under section 218(a) for H–2A workers shall offer to provide housing at no cost to all workers in job opportunities for which the employer has applied under that section and to all other workers in the same occupation at the place of employment, whose place of residence is beyond normal commuting distance. (B) Type of housing In complying with subparagraph (A), an employer may, at the employer’s election, provide housing that meets applicable Federal standards for temporary labor camps or secure housing that meets applicable local standards for rental or public accommodation housing or other substantially similar class of habitation, or in the absence of applicable local standards, State standards for rental or public accommodation housing or other substantially similar class of habitation. In the absence of applicable local or State standards, Federal temporary labor camp standards shall apply. (C) Family housing If it is the prevailing practice in the occupation and area of intended employment to provide family housing, family housing shall be provided to workers with families who request it. (D) Workers engaged in the range production of livestock The Secretary of Labor shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock. (E) Limitation Nothing in this paragraph shall be construed to require an employer to provide or secure housing for persons who were not entitled to such housing under the temporary labor certification regulations in effect on June 1, 1986. (F) Charges for housing (i) Charges for public housing If public housing provided for migrant agricultural workers under the auspices of a local, county, or State government is secured by an employer, and use of the public housing unit normally requires charges from migrant workers, such charges shall be paid by the employer directly to the appropriate individual or entity affiliated with the housing’s management. (ii) Deposit charges Charges in the form of deposits for bedding or other similar incidentals related to housing shall not be levied upon workers by employers who provide housing for their workers. An employer may require a worker found to have been responsible for damage to such housing which is not the result of normal wear and tear related to habitation to reimburse the employer for the reasonable cost of repair of such damage. (G) Housing allowance as alternative (i) In general If the requirement set out in clause (ii) is satisfied, the employer may provide a reasonable housing allowance instead of offering housing under subparagraph (A). Upon the request of a worker seeking assistance in locating housing, the employer shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies, pursuant to this clause shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1823 ) solely by virtue of providing such housing allowance. No housing allowance may be used for housing which is owned or controlled by the employer. (ii) Certification The requirement of this clause is satisfied if the Governor of the State certifies to the Secretary of Labor that there is adequate housing available in the area of intended employment for migrant farm workers and H–2A workers who are seeking temporary housing while employed in agricultural work. Such certification shall expire after 3 years unless renewed by the Governor of the State. (iii) Amount of allowance (I) Nonmetropolitan counties If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) ), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. (II) Metropolitan counties If the place of employment of the workers provided an allowance under this paragraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) ), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. (2) Reimbursement of transportation (A) To place of employment A worker who completes 50 percent of the period of employment of the job opportunity for which the worker was hired shall be reimbursed by the employer for the cost of the worker’s transportation and subsistence from the place from which the worker came to work for the employer (or place of last employment, if the worker traveled from such place) to the place of employment. (B) From place of employment A worker who completes the period of employment for the job opportunity involved shall be reimbursed by the employer for the cost of the worker’s transportation and subsistence from the place of employment to the place from which the worker, disregarding intervening employment, came to work for the employer, or to the place of next employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker’s transportation and subsistence to such subsequent employer’s place of employment. (C) Limitation (i) Amount of reimbursement Except as provided in clause (ii), the amount of reimbursement provided under subparagraph (A) or (B) to a worker or alien shall not exceed the lesser of— (I) the actual cost to the worker or alien of the transportation and subsistence involved; or (II) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. (ii) Distance traveled No reimbursement under subparagraph (A) or (B) shall be required if the distance traveled is 100 miles or less, or the worker is not residing in employer-provided housing or housing secured through an allowance as provided in paragraph (1)(G). (D) Early termination If the worker is laid off or employment is terminated for contract impossibility (as described in paragraph (4)(D)) before the anticipated ending date of employment, the employer shall provide the transportation and subsistence required by subparagraph (B) and, notwithstanding whether the worker has completed 50 percent of the period of employment, shall provide the transportation reimbursement required by subparagraph (A). (E) Transportation between living quarters and worksite The employer shall provide transportation between the worker’s living quarters and the employer’s worksite without cost to the worker, and such transportation will be in accordance with applicable laws and regulations. (3) Required wages (A) In general An employer applying for workers under section 218(a) shall offer to pay, and shall pay, all workers in the occupation for which the employer has applied for workers, not less (and is not required to pay more) than the greater of the prevailing wage in the occupation in the area of intended employment or the adverse effect wage rate. No worker shall be paid less than the greater of the hourly wage prescribed under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State minimum wage. (B) Limitation Effective on the date of the enactment of the Agricultural Job Opportunities, Benefits, and Security Act of 2013 and continuing for 3 years thereafter, no adverse effect wage rate for a State may be more than the adverse effect wage rate for that State in effect on January 1, 2013, as established by section 655.107 of title 20, Code of Federal Regulations. (C) Required wages after 3-year freeze (i) First adjustment If Congress does not set a new wage standard applicable to this section before the first March 1 that is not less than 3 years after the date of enactment of this section, the adverse effect wage rate for each State beginning on such March 1 shall be the wage rate that would have resulted if the adverse effect wage rate in effect on January 1, 2013, had been annually adjusted, beginning on March 1, 2016, by the lesser of— (I) the 12-month percentage change in the Consumer Price Index for All Urban Consumers between December of the second preceding year and December of the preceding year; and (II) 4 percent. (ii) Subsequent annual adjustments Beginning on the first March 1 that is not less than 4 years after the date of enactment of this section, and each March 1 thereafter, the adverse effect wage rate then in effect for each State shall be adjusted by the lesser of— (I) the 12-month percentage change in the Consumer Price Index for All Urban Consumers between December of the second preceding year and December of the preceding year; and (II) 4 percent. (D) Deductions The employer shall make only those deductions from the worker’s wages that are authorized by law or are reasonable and customary in the occupation and area of employment. The job offer shall specify all deductions not required by law which the employer will make from the worker’s wages. (E) Frequency of pay The employer shall pay the worker not less frequently than twice monthly, or in accordance with the prevailing practice in the area of employment, whichever is more frequent. (F) Hours and earnings statements The employer shall furnish to the worker, on or before each payday, in 1 or more written statements— (i) the worker’s total earnings for the pay period; (ii) the worker’s hourly rate of pay, piece rate of pay, or both; (iii) the hours of employment which have been offered to the worker (broken out by hours offered in accordance with and over and above the 3/4 guarantee described in paragraph (4)); (iv) the hours actually worked by the worker; (v) an itemization of the deductions made from the worker’s wages; and (vi) if piece rates of pay are used, the units produced daily. (G) Report on wage protections Not later than December 31, 2014, the Comptroller General of the United States shall prepare and transmit to the Secretary of Labor, the Committee on the Judiciary of the Senate, and Committee on the Judiciary of the House of Representatives, a report that addresses— (i) whether the employment of H–2A or unauthorized aliens in the United States agricultural workforce has depressed United States farm worker wages below the levels that would otherwise have prevailed if alien farm workers had not been employed in the United States; (ii) whether an adverse effect wage rate is necessary to prevent wages of United States farm workers in occupations in which H–2A workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of H–2A workers in those occupations; (iii) whether alternative wage standards, such as a prevailing wage standard, would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of H–2A employment; (iv) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage; and (v) recommendations for future wage protection under this section. (H) Commission on wage standards (i) Establishment There is established the Commission on Agricultural Wage Standards under the H–2A program (in this subparagraph referred to as the Commission ). (ii) Composition The Commission shall consist of 10 members as follows: (I) Four representatives of agricultural employers and 1 representative of the Department of Agriculture, each appointed by the Secretary of Agriculture. (II) Four representatives of agricultural workers and 1 representative of the Department of Labor, each appointed by the Secretary of Labor. (iii) Functions The Commission shall conduct a study that shall address— (I) whether the employment of H–2A or unauthorized aliens in the United States agricultural workforce has depressed United States farm worker wages below the levels that would otherwise have prevailed if alien farm workers had not been employed in the United States; (II) whether an adverse effect wage rate is necessary to prevent wages of United States farm workers in occupations in which H–2A workers are employed from falling below the wage levels that would have prevailed in the absence of the employment of H–2A workers in those occupations; (III) whether alternative wage standards, such as a prevailing wage standard, would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of H–2A employment; (IV) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate; and (V) recommendations for future wage protection under this section. (iv) Final report Not later than December 31, 2014, the Commission shall submit a report to the Congress setting forth the findings of the study conducted under clause (iii). (v) Termination date The Commission shall terminate upon submitting its final report. (4) Guarantee of employment (A) Offer to worker The employer shall guarantee to offer the worker employment for the hourly equivalent of at least 3/4 of the work days of the total period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the expiration date specified in the job offer. For purposes of this subparagraph, the hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker’s Sabbath and Federal holidays. If the employer affords the United States or H–2A worker less employment than that required under this paragraph, the employer shall pay such worker the amount which the worker would have earned had the worker, in fact, worked for the guaranteed number of hours. (B) Failure to work Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker’s Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met. (C) Abandonment of employment, termination for cause If the worker voluntarily abandons employment before the end of the contract period, or is terminated for cause, the worker is not entitled to the 3/4 guarantee described in subparagraph (A). (D) Contract impossibility If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster, including a flood, hurricane, freeze, earthquake, fire, drought, plant or animal disease or pest infestation, or regulatory drought, before the guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker’s employment. In the event of such termination, the employer shall fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment. In such cases, the employer will make efforts to transfer the United States worker to other comparable employment acceptable to the worker. If such transfer is not effected, the employer shall provide the return transportation required in paragraph (2)(D). (5) Motor vehicle safety (A) Mode of transportation subject to coverage (i) In general Except as provided in clauses (iii) and (iv), this subsection applies to any H–2A employer that uses or causes to be used any vehicle to transport an H–2A worker within the United States. (ii) Defined term In this paragraph, the term uses or causes to be used — (I) applies only to transportation provided by an H–2A employer to an H–2A worker, or by a farm labor contractor to an H–2A worker at the request or direction of an H–2A employer; and (II) does not apply to— (aa) transportation provided, or transportation arrangements made, by an H–2A worker, unless the employer specifically requested or arranged such transportation; or (bb) car pooling arrangements made by H–2A workers themselves, using 1 of the workers’ own vehicles, unless specifically requested by the employer directly or through a farm labor contractor. (iii) Clarification Providing a job offer to an H–2A worker that causes the worker to travel to or from the place of employment, or the payment or reimbursement of the transportation costs of an H–2A worker by an H–2A employer, shall not constitute an arrangement of, or participation in, such transportation. (iv) Agricultural machinery and equipment excluded This subsection does not apply to the transportation of an H–2A worker on a tractor, combine, harvester, picker, or other similar machinery or equipment while such worker is actually engaged in the planting, cultivating, or harvesting of agricultural commodities or the care of livestock or poultry or engaged in transportation incidental thereto. (v) Common carriers excluded This subsection does not apply to common carrier motor vehicle transportation in which the provider holds itself out to the general public as engaging in the transportation of passengers for hire and holds a valid certification of authorization for such purposes from an appropriate Federal, State, or local agency. (B) Applicability of standards, licensing, and insurance requirements (i) In general When using, or causing to be used, any vehicle for the purpose of providing transportation to which this subparagraph applies, each employer shall— (I) ensure that each such vehicle conforms to the standards prescribed by the Secretary of Labor under section 401(b) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1841(b) ) and other applicable Federal and State safety standards; (II) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle; and (III) have an insurance policy or a liability bond that is in effect which insures the employer against liability for damage to persons or property arising from the ownership, operation, or causing to be operated, of any vehicle used to transport any H–2A worker. (ii) Amount of insurance required The level of insurance required shall be determined by the Secretary of Labor pursuant to regulations to be issued under this subsection. (iii) Effect of workers’ compensation coverage If the employer of any H–2A worker provides workers’ compensation coverage for such worker in the case of bodily injury or death as provided by State law, the following adjustments in the requirements of subparagraph (B)(i)(III) relating to having an insurance policy or liability bond apply: (I) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law. (II) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law. (c) Compliance With Labor Laws An employer shall assure that, except as otherwise provided in this section, the employer will comply with all applicable Federal, State, and local labor laws, including laws affecting migrant and seasonal agricultural workers, with respect to all United States workers and alien workers employed by the employer, except that a violation of this assurance shall not constitute a violation of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ). (d) Copy of Job Offer The employer shall provide to the worker, not later than the day the work commences, a copy of the employer’s application and job offer described in section 218(a), or, if the employer will require the worker to enter into a separate employment contract covering the employment in question, such separate employment contract. (e) Range Production of Livestock Nothing in this section, section 218, or section 218B shall preclude the Secretary of Labor and the Secretary from continuing to apply special procedures and requirements to the admission and employment of aliens in occupations involving the range production of livestock. 218B. Procedure for admission and extension of stay of h–2a workers (a) Petitioning for Admission An employer, or an association acting as an agent or joint employer for its members, that seeks the admission into the United States of an H–2A worker may file a petition with the Secretary. The petition shall be accompanied by an accepted and currently valid certification provided by the Secretary of Labor under section 218(e)(2)(B) covering the petitioner. (b) Expedited Adjudication by the Secretary The Secretary shall establish a procedure for expedited adjudication of petitions filed under subsection (a) and within 7 working days shall, by fax, cable, or other means assuring expedited delivery, transmit a copy of notice of action on the petition to the petitioner and, in the case of approved petitions, to the appropriate immigration officer at the port of entry or United States consulate (as the case may be) where the petitioner has indicated that the alien beneficiary (or beneficiaries) will apply for a visa or admission to the United States. (c) Criteria for Admissibility (1) In general An H–2A worker shall be considered admissible to the United States if the alien is otherwise admissible under this section, section 218, and section 218A, and the alien is not ineligible under paragraph (2). (2) Disqualification An alien shall be considered inadmissible to the United States and ineligible for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the alien has, at any time during the past 5 years— (A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien’s authorized period of admission under this section has expired; or (B) otherwise violated a term or condition of admission into the United States as a nonimmigrant, including overstaying the period of authorized admission as such a nonimmigrant. (3) Waiver of ineligibility for unlawful presence (A) In general An alien who has not previously been admitted into the United States pursuant to this section, and who is otherwise eligible for admission in accordance with paragraphs (1) and (2), shall not be deemed inadmissible by virtue of section 212(a)(9)(B). If an alien described in the preceding sentence is present in the United States, the alien may apply from abroad for H–2A status, but may not be granted that status in the United States. (B) Maintenance of waiver An alien provided an initial waiver of ineligibility pursuant to subparagraph (A) shall remain eligible for such waiver unless the alien violates the terms of this section or again becomes ineligible under section 212(a)(9)(B) by virtue of unlawful presence in the United States after the date of the initial waiver of ineligibility pursuant to subparagraph (A). (d) Period of Admission (1) In general The alien shall be admitted for the period of employment in the application certified by the Secretary of Labor pursuant to section 218(e)(2)(B), not to exceed 10 months, supplemented by a period of not more than 1 week before the beginning of the period of employment for the purpose of travel to the worksite and a period of 14 days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment, except that— (A) the alien is not authorized to be employed during such 14-day period except in the employment for which the alien was previously authorized; and (B) the total period of employment, including such 14-day period, may not exceed 10 months. (2) Construction Nothing in this subsection shall limit the authority of the Secretary to extend the stay of the alien under any other provision of this Act. (e) Abandonment of Employment (1) In general An alien admitted or provided status under section 101(a)(15)(H)(ii)(a) who abandons the employment which was the basis for such admission or status shall be considered to have failed to maintain nonimmigrant status as an H–2A worker and shall depart the United States or be subject to removal under section 237(a)(1)(C)(i). (2) Report by employer The employer, or association acting as agent for the employer, shall notify the Secretary not later than 7 days after an H–2A worker prematurely abandons employment. (3) Removal by the secretary The Secretary shall promptly remove from the United States any H–2A worker who violates any term or condition of the worker’s nonimmigrant status. (4) Voluntary termination Notwithstanding paragraph (1), an alien may voluntarily terminate his or her employment if the alien promptly departs the United States upon termination of such employment. (f) Replacement of Alien (1) In general Upon presentation of the notice to the Secretary required by subsection (e)(2), the Secretary of State shall promptly issue a visa to, and the Secretary shall admit into the United States, an eligible alien designated by the employer to replace an H–2A worker— (A) who abandons or prematurely terminates employment; or (B) whose employment is terminated after a United States worker is employed pursuant to section 218(b)(2)(H)(iii), if the United States worker voluntarily departs before the end of the period of intended employment or if the employment termination is for a lawful job-related reason. (2) Construction Nothing in this subsection is intended to limit any preference required to be accorded United States workers under any other provision of this Act. (g) Identification Document (1) In general Each alien authorized to be admitted under section 101(a)(15)(H)(ii)(a) shall be provided an identification and employment eligibility document to verify eligibility for employment in the United States and verify the alien’s identity. (2) Requirements No identification and employment eligibility document may be issued which does not meet the following requirements: (A) The document shall be capable of reliably determining whether— (i) the individual with the identification and employment eligibility document whose eligibility is being verified is in fact eligible for employment; (ii) the individual whose eligibility is being verified is claiming the identity of another person; and (iii) the individual whose eligibility is being verified is authorized to be admitted into, and employed in, the United States as an H–2A worker. (B) The document shall be in a form that is resistant to counterfeiting and to tampering. (C) The document shall— (i) be compatible with other databases of the Secretary for the purpose of excluding aliens from benefits for which they are not eligible and determining whether the alien is unlawfully present in the United States; and (ii) be compatible with law enforcement databases to determine if the alien has been convicted of criminal offenses. (h) Extension of Stay of H–2A Aliens in the United States (1) Extension of stay If an employer seeks approval to employ an H–2A alien who is lawfully present in the United States, the petition filed by the employer or an association pursuant to subsection (a), shall request an extension of the alien’s stay and a change in the alien’s employment. (2) Limitation on filing a petition for extension of stay A petition may not be filed for an extension of an alien’s stay— (A) for a period of more than 10 months; or (B) to a date that is more than 3 years after the date of the alien’s last admission to the United States under this section. (3) Work authorization upon filing a petition for extension of stay (A) In general An alien who is lawfully present in the United States may commence the employment described in a petition under paragraph (1) on the date on which the petition is filed. (B) Definition For purposes of subparagraph (A), the term file means sending the petition by certified mail via the United States Postal Service, return receipt requested, or delivered by guaranteed commercial delivery which will provide the employer with a documented acknowledgment of the date of receipt of the petition. (C) Handling of petition The employer shall provide a copy of the employer’s petition to the alien, who shall keep the petition with the alien’s identification and employment eligibility document as evidence that the petition has been filed and that the alien is authorized to work in the United States. (D) Approval of petition Upon approval of a petition for an extension of stay or change in the alien’s authorized employment, the Secretary shall provide a new or updated employment eligibility document to the alien indicating the new validity date, after which the alien is not required to retain a copy of the petition. (4) Limitation on employment authorization of aliens without valid identification and employment eligibility document An expired identification and employment eligibility document, together with a copy of a petition for extension of stay or change in the alien’s authorized employment that complies with the requirements of paragraph (1), shall constitute a valid work authorization document for a period of not more than 60 days beginning on the date on which such petition is filed, after which time only a currently valid identification and employment eligibility document shall be acceptable. (5) Limitation on an individual’s stay in status (A) Maximum period The maximum continuous period of authorized status as an H–2A worker (including any extensions) is 3 years. (B) Requirement to remain outside the united states (i) In general Subject to clause (ii), in the case of an alien outside the United States whose period of authorized status as an H–2A worker (including any extensions) has expired, the alien may not again apply for admission to the United States as an H–2A worker unless the alien has remained outside the United States for a continuous period equal to at least 1/5 the duration of the alien’s previous period of authorized status as an H–2A worker (including any extensions). (ii) Exception Clause (i) shall not apply in the case of an alien if the alien’s period of authorized status as an H–2A worker (including any extensions) was for a period of not more than 10 months and such alien has been outside the United States for at least 2 months during the 12 months preceding the date the alien again is applying for admission to the United States as an H–2A worker. (i) Special rules for aliens employed as sheepherders, goat herders, or dairy workers Notwithstanding any provision of the Agricultural Job Opportunities, Benefits, and Security Act of 2013 , an alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat herder, or dairy worker— (1) may be admitted for an initial period of 12 months; (2) subject to subsection (j)(5), may have such initial period of admission extended for a period of up to 3 years; and (3) shall not be subject to the requirements of subsection (h)(5) (relating to periods of absence from the United States). (j) Adjustment to lawful permanent resident status for aliens employed as sheepherders, goat herders, or dairy workers (1) Eligible alien For purposes of this subsection, the term eligible alien means an alien— (A) having nonimmigrant status under section 101(a)(15)(H)(ii)(a) based on employment as a sheepherder, goat herder, or dairy worker; (B) who has maintained such nonimmigrant status in the United States for a cumulative total of 36 months (excluding any period of absence from the United States); and (C) who is seeking to receive an immigrant visa under section 203(b)(3)(A)(iii). (2) Classification petition In the case of an eligible alien, the petition under section 204 for classification under section 203(b)(3)(A)(iii) may be filed by— (A) the alien’s employer on behalf of the eligible alien; or (B) the eligible alien. (3) No labor certification required Notwithstanding section 203(b)(3)(C), no determination under section 212(a)(5)(A) is required with respect to an immigrant visa described in paragraph (1)(C) for an eligible alien. (4) Effect of petition The filing of a petition described in paragraph (2) or an application for adjustment of status based on the approval of such a petition shall not constitute evidence of an alien’s ineligibility for nonimmigrant status under section 101(a)(15)(H)(ii)(a). (5) Extension of stay The Secretary shall extend the stay of an eligible alien having a pending or approved classification petition described in paragraph (2) in 1-year increments until a final determination is made on the alien’s eligibility for adjustment of status to that of an alien lawfully admitted for permanent residence. (6) Construction Nothing in this subsection shall be construed to prevent an eligible alien from seeking adjustment of status in accordance with any other provision of law. 218C. Worker protections and labor standards enforcement (a) Enforcement Authority (1) Investigation of complaints (A) Aggrieved person or third-party complaints The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner’s failure to meet a condition specified in section 218(b), or an employer’s misrepresentation of material facts in an application under section 218(a). Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure, or misrepresentation, respectively. The Secretary of Labor shall conduct an investigation under this subparagraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred. (B) Determination on complaint Under such process, the Secretary of Labor shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C), (D), (E), or (G). If the Secretary of Labor determines that such a reasonable basis exists, the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this subparagraph on such complaints. (C) Failures to meet conditions If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(A), (1)(B), (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), a substantial failure to meet a condition of paragraph (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 218(b), or a material misrepresentation of fact in an application under section 218(a)— (i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $1,000 per violation) as the Secretary of Labor determines to be appropriate; and (ii) the Secretary may disqualify the employer from the employment of aliens described in section 101(a)(15)(H)(ii)(a) for a period of 1 year. (D) Willful failures and willful misrepresentations If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition of section 218(b), a willful misrepresentation of a material fact in an application under section 218(a), or a violation of subsection (d)(1)— (i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $5,000 per violation) as the Secretary of Labor determines to be appropriate; (ii) the Secretary of Labor may seek appropriate legal or equitable relief to effectuate the purposes of subsection (d)(1); and (iii) the Secretary may disqualify the employer from the employment of H–2A workers for a period of 2 years. (E) Displacement of United States workers If the Secretary of Labor finds, after notice and opportunity for hearing, a willful failure to meet a condition of section 218(b) or a willful misrepresentation of a material fact in an application under section 218(a), in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer during the period of employment on the employer’s application under section 218(a) or during the period of 30 days preceding such period of employment— (i) the Secretary of Labor shall notify the Secretary of such finding and may, in addition, impose such other administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as the Secretary of Labor determines to be appropriate; and (ii) the Secretary may disqualify the employer from the employment of H–2A workers for a period of 3 years. (F) Limitations on civil money penalties The Secretary of Labor shall not impose total civil money penalties with respect to an application under section 218(a) in excess of $90,000. (G) Failures to pay wages or required benefits If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer has failed to pay the wages, or provide the housing allowance, transportation, subsistence reimbursement, or guarantee of employment, required under section 218A(b), the Secretary of Labor shall assess payment of back wages, or other required benefits, due any United States worker or H–2A worker employed by the employer in the specific employment in question. The back wages or other required benefits under section 218A(b) shall be equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker. (2) Statutory construction Nothing in this section shall be construed as limiting the authority of the Secretary of Labor to conduct any compliance investigation under any other labor law, including any law affecting migrant and seasonal agricultural workers, or, in the absence of a complaint under this section, under section 218 or 218A. (b) Rights Enforceable by Private Right of Action H–2A workers may enforce the following rights through the private right of action provided in subsection (c), and no other right of action shall exist under Federal or State law to enforce such rights: (1) The providing of housing or a housing allowance as required under section 218A(b)(1). (2) The reimbursement of transportation as required under section 218A(b)(2). (3) The payment of wages required under section 218A(b)(3) when due. (4) The benefits and material terms and conditions of employment expressly provided in the job offer described in section 218(a)(2), not including the assurance to comply with other Federal, State, and local labor laws described in section 218A(c), compliance with which shall be governed by the provisions of such laws. (5) The guarantee of employment required under section 218A(b)(4). (6) The motor vehicle safety requirements under section 218A(b)(5). (7) The prohibition of discrimination under subsection (d)(2). (c) Private Right of Action (1) Mediation Upon the filing of a complaint by an H–2A worker aggrieved by a violation of rights enforceable under subsection (b), and within 60 days of the filing of proof of service of the complaint, a party to the action may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute. Upon a filing of such request and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (B). (A) Mediation services The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under subsection (b) between H–2A workers and agricultural employers without charge to the parties. (B) 90-day limit The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives the request for assistance unless the parties agree to an extension of this period of time. (C) Authorization (i) In general Subject to clause (ii), there are authorized to be appropriated to the Federal Mediation and Conciliation Service $500,000 for each fiscal year to carry out this section. (ii) Mediation Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized to conduct the mediation or other dispute resolution activities from any other appropriated funds available to the Director and to reimburse such appropriated funds when the funds are appropriated pursuant to this authorization, such reimbursement to be credited to appropriations currently available at the time of receipt. (2) Maintenance of civil action in district court by aggrieved person An H–2A worker aggrieved by a violation of rights enforceable under subsection (b) by an agricultural employer or other person may file suit in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy, without regard to the citizenship of the parties, and without regard to the exhaustion of any alternative administrative remedies under this Act, not later than 3 years after the date the violation occurs. (3) Election An H–2A worker who has filed an administrative complaint with the Secretary of Labor may not maintain a civil action under paragraph (2) unless a complaint based on the same violation filed with the Secretary of Labor under subsection (a)(1) is withdrawn before the filing of such action, in which case the rights and remedies available under this subsection shall be exclusive. (4) Preemption of state contract rights Nothing in this Act shall be construed to diminish the rights and remedies of an H–2A worker under any other Federal or State law or regulation or under any collective bargaining agreement, except that no court or administrative action shall be available under any State contract law to enforce the rights created by this Act. (5) Waiver of rights prohibited Agreements by employees purporting to waive or modify their rights under this Act shall be void as contrary to public policy, except that a waiver or modification of the rights or obligations in favor of the Secretary of Labor shall be valid for purposes of the enforcement of this Act. The preceding sentence may not be construed to prohibit agreements to settle private disputes or litigation. (6) Award of damages or other equitable relief (A) If the court finds that the respondent has intentionally violated any of the rights enforceable under subsection (b), it shall award actual damages, if any, or equitable relief. (B) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code. (7) Workers’ compensation benefits; exclusive remedy (A) Notwithstanding any other provision of this section, where a State’s workers’ compensation law is applicable and coverage is provided for an H–2A worker, the workers’ compensation benefits shall be the exclusive remedy for the loss of such worker under this section in the case of bodily injury or death in accordance with such State’s workers’ compensation law. (B) The exclusive remedy prescribed in subparagraph (A) precludes the recovery under paragraph (6) of actual damages for loss from an injury or death but does not preclude other equitable relief, except that such relief shall not include back or front pay or in any manner, directly or indirectly, expand or otherwise alter or affect— (i) a recovery under a State workers’ compensation law; or (ii) rights conferred under a State workers’ compensation law. (8) Tolling of statute of limitations If it is determined under a State workers’ compensation law that the workers’ compensation law is not applicable to a claim for bodily injury or death of an H–2A worker, the statute of limitations for bringing an action for actual damages for such injury or death under subsection (c) shall be tolled for the period during which the claim for such injury or death under such State workers’ compensation law was pending. The statute of limitations for an action for actual damages or other equitable relief arising out of the same transaction or occurrence as the injury or death of the H–2A worker shall be tolled for the period during which the claim for such injury or death was pending under the State workers’ compensation law. (9) Preclusive effect Any settlement by an H–2A worker and an H–2A employer or any person reached through the mediation process required under subsection (c)(1) shall preclude any right of action arising out of the same facts between the parties in any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement. (10) Settlements Any settlement by the Secretary of Labor with an H–2A employer on behalf of an H–2A worker of a complaint filed with the Secretary of Labor under this section or any finding by the Secretary of Labor under subsection (a)(1)(B) shall preclude any right of action arising out of the same facts between the parties under any Federal or State court or administrative proceeding, unless specifically provided otherwise in the settlement agreement. (d) Discrimination Prohibited (1) In general It is a violation of this subsection for any person who has filed an application under section 218(a), to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this subsection, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of section 218 or 218A or any rule or regulation pertaining to section 218 or 218A, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements of section 218 or 218A or any rule or regulation pertaining to either of such sections. (2) Discrimination against h–2a workers It is a violation of this subsection for any person who has filed an application under section 218(a), to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against an H–2A employee because such worker has, with just cause, filed a complaint with the Secretary of Labor regarding a denial of the rights enumerated and enforceable under subsection (b) or instituted, or caused to be instituted, a private right of action under subsection (c) regarding the denial of the rights enumerated under subsection (b), or has testified or is about to testify in any court proceeding brought under subsection (c). (e) Authorization To Seek Other Appropriate Employment The Secretary of Labor and the Secretary shall establish a process under which an H–2A worker who files a complaint regarding a violation of subsection (d) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. (f) Role of Associations (1) Violation by a member of an association An employer on whose behalf an application is filed by an association acting as its agent is fully responsible for such application, and for complying with the terms and conditions of sections 218 and 218A, as though the employer had filed the application itself. If such an employer is determined, under this section, to have committed a violation, the penalty for such violation shall apply only to that member of the association unless the Secretary of Labor determines that the association or other member participated in, had knowledge, or reason to know, of the violation, in which case the penalty shall be invoked against the association or other association member as well. (2) Violations by an association acting as an employer If an association filing an application as a sole or joint employer is determined to have committed a violation under this section, the penalty for such violation shall apply only to the association unless the Secretary of Labor determines that an association member or members participated in or had knowledge, or reason to know of the violation, in which case the penalty shall be invoked against the association member or members as well. 218D. Definitions For purposes of this section and section 218, 218A, 218B, and 218C: (1) Agricultural employment The term agricultural employment means any service or activity that is considered to be agricultural under section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ) or agricultural labor under section 3121(g) of the Internal Revenue Code of 1986 or the performance of agricultural labor or services described in section 101(a)(15)(H)(ii)(a). (2) Bona fide union The term bona fide union means any organization in which employees participate and which exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of work for agricultural employees. Such term does not include an organization formed, created, administered, supported, dominated, financed, or controlled by an employer or employer association or its agents or representatives. (3) Displace The term displace , in the case of an application with respect to 1 or more H–2A workers by an employer, means laying off a United States worker from a job for which the H–2A worker or workers is or are sought. (4) Eligible The term eligible , when used with respect to an individual, means an individual who is not an unauthorized alien (as defined in section 274A). (5) Employer The term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment. (6) H–2A employer The term H–2A employer means an employer who seeks to hire 1 or more nonimmigrant aliens described in section 101(a)(15)(H)(ii)(a). (7) H–2A worker The term H–2A worker means a nonimmigrant described in section 101(a)(15)(H)(ii)(a). (8) Job opportunity The term job opportunity means a job opening for temporary or seasonal full-time employment at a place in the United States to which United States workers can be referred. (9) Laying off (A) In general The term laying off , with respect to a worker— (i) means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, contract impossibility (as described in section 218A(b)(4)(D)), or temporary suspension of employment due to weather, markets, or other temporary conditions; but (ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under section 218(b)(2)(E), with either employer described in such section) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. (B) Statutory construction Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. (10) Regulatory drought The term regulatory drought means a decision subsequent to the filing of the application under section 218 by an entity not under the control of the employer making such filing which restricts the employer’s access to water for irrigation purposes and reduces or limits the employer’s ability to produce an agricultural commodity, thereby reducing the need for labor. (11) Seasonal Labor is performed on a seasonal basis if— (A) ordinarily, it pertains to or is of the kind exclusively performed at certain seasons or periods of the year; and (B) from its nature, it may not be continuous or carried on throughout the year. (12) Secretary Except as otherwise provided, the term Secretary means the Secretary of Homeland Security. (13) Temporary A worker is employed on a temporary basis where the employment is intended not to exceed 10 months. (14) United States worker The term United States worker means any worker, whether a national of the United States, an alien lawfully admitted for permanent residence, or any other alien, who is authorized to work in the job opportunity within the United States, except an alien admitted or otherwise provided status under section 101(a)(15)(H)(ii)(a). . (b) Table of Contents The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by striking the item relating to section 218 and inserting the following: Sec. 218. H–2A employer applications. Sec. 218A. H–2A employment requirements. Sec. 218B. Procedure for admission and extension of stay of H–2A workers. Sec. 218C. Worker protections and labor standards enforcement. Sec. 218D. Definitions. . 4 Miscellaneous provisions 461. Determination and use of user fees (a) Schedule of Fees The Secretary shall establish and periodically adjust a schedule of fees for the employment of aliens pursuant to the amendment made by section 451(a) of this Act and a collection process for such fees from employers. Such fees shall be the only fees chargeable to employers for services provided under such amendment. (b) Determination of Schedule (1) In general The schedule under subsection (a) shall reflect a fee rate based on the number of job opportunities indicated in the employer’s application under section 218 of the Immigration and Nationality Act , as amended by section 451 of this Act, and sufficient to provide for the direct costs of providing services related to an employer’s authorization to employ aliens pursuant to the amendment made by section 451(a) of this Act, to include the certification of eligible employers, the issuance of documentation, and the admission of eligible aliens. (2) Procedure (A) In general In establishing and adjusting such a schedule, the Secretary shall comply with Federal cost accounting and fee setting standards. (B) Publication and comment The Secretary shall publish in the Federal Register an initial fee schedule and associated collection process and the cost data or estimates upon which such fee schedule is based, and any subsequent amendments thereto, pursuant to which public comment shall be sought and a final rule issued. (c) Use of Proceeds Notwithstanding any other provision of law, all proceeds resulting from the payment of the fees pursuant to the amendment made by section 451(a) of this Act shall be available without further appropriation and shall remain available without fiscal year limitation to reimburse the Secretary, the Secretary of State, and the Secretary of Labor for the costs of carrying out— (1) sections 218 and 218B of the Immigration and Nationality Act , as amended and added, respectively, by section 451 of this Act; and (2) the provisions of this Act. 462. Regulations (a) Requirement for the Secretary To consult The Secretary shall consult with the Secretary of Labor and the Secretary of Agriculture during the promulgation of all regulations to implement the duties of the Secretary under this Act and the amendments made by this Act. (b) Requirement for the Secretary of State To consult The Secretary of State shall consult with the Secretary, the Secretary of Labor, and the Secretary of Agriculture on all regulations to implement the duties of the Secretary of State under this Act and the amendments made by this Act. (c) Requirement for the Secretary of Labor To consult The Secretary of Labor shall consult with the Secretary of Agriculture and the Secretary on all regulations to implement the duties of the Secretary of Labor under this Act and the amendments made by this Act. (d) Deadline for issuance of regulations All regulations to implement the duties of the Secretary, the Secretary of State, and the Secretary of Labor created under sections 218, 218A, 218B, 218C, and 218D of the Immigration and Nationality Act , as amended or added by section 451 of this Act, shall take effect on the effective date of section 451 and shall be issued not later than 1 year after the date of enactment of this Act. 463. Reports to Congress (a) Annual report Not later than September 30 of each year, the Secretary shall submit a report to Congress that identifies, for the previous year— (1) the number of job opportunities approved for employment of aliens admitted under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ), and the number of workers actually admitted, disaggregated by State and by occupation; (2) the number of such aliens reported to have abandoned employment pursuant to subsection (e)(2) of section 218B of such Act, as added by section 451; (3) the number of such aliens who departed the United States within the period specified in subsection (d) of such section 218B; (4) the number of aliens who applied for blue card status pursuant to section 431(a); (5) the number of aliens who were granted such status pursuant section 431(a); (6) the number of aliens who applied for an adjustment of status pursuant to section 433(a); and (7) the number of aliens who received an adjustment of status pursuant section 433(a). (b) Implementation report Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress a report that describes the measures being taken and the progress made in implementing this Act. 464. Effective date The amendments made by section 451 and section 461 shall take effect 1 year after the date of the enactment of this Act. V Strengthening the U.S. Economy and Workforce A Immigration and Labor 1 Immigration and labor markets 501. Commission on Immigration and Labor Markets (a) Establishment of Commission (1) In general There is established a permanent, independent, Federal agency within the Executive Branch of the United States to be known as the Commission on Immigration and Labor Markets (referred to in this section as the Commission ). (2) Purposes Through objective, thorough, accurate and nonpartisan review and analysis, the purposes of the Commission are to— (A) establish employment-based immigration policies that promote America’s economic growth and competitiveness while minimizing job displacement, wage depression and unauthorized employment in the United States; (B) create and implement a policy-focused research agenda on the economic impacts of immigration at the national, regional, State, industry and occupation levels; (C) collect and analyze information about employment-based immigration and the labor market and share the data and analysis with lawmakers, researchers and the American public; (D) recommend to the Congress and the President on a regular basis an evidence-based methodology for determining the level of employment-based immigration; and (E) recommend to Congress and the President the numeric levels and characteristics of workers to be admitted in various employment-based visa categories. (3) Membership The Commission shall be composed of— (A) 7 voting members— (i) who shall be appointed by the President, with the advice and consent of the Senate, no later than 6 months after the date of the enactment of this Act; (ii) who shall serve for 5-year staggered terms; (iii) one of whom the President shall appoint as Chair of the Commission to serve a 6-year term, which can be extended for 1 additional 3-year term; (iv) who shall have expertise in economics, demography, sociology, labor, business, civil rights, immigration or other pertinent qualifications or experience; and (v) not more than 4 of whom may be members of the same political party; and (B) 8 ex-officio members, including— (i) the Secretary; (ii) the Secretary of State; (iii) the Attorney General; (iv) the Secretary of Labor; (v) the Secretary of Commerce; (vi) the Secretary of Health and Human Services; (vii) the Secretary of Agriculture; and (viii) the Commissioner of Social Security. (4) Vacancies Any vacancy in the Commission shall be filled in the same manner as the original appointment. (5) Meetings (A) Initial meeting The Commission shall meet and begin carrying out the duties described in subsection (b) as soon as practicable. (B) Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. (C) Quorum Five voting members of the Commission shall constitute a quorum. (b) Duties of the commission The Commission shall— (1) collect, analyze and publish data regarding— (A) the historic migration patterns to and from the United States and demographic trends, including the birth rate, education levels, and age profiles of the immigrant and native population of the United States; (B) the impact of employment-based immigration— (i) at the national, regional, State and local levels; (ii) within industries and business sectors; (iii) on occupations and occupational levels; (iv) on small business; and (v) on employment and unemployment levels; (C) the current and anticipated needs of employers for skilled and unskilled labor; (D) the current and anticipated supply of skilled and unskilled labor; (E) the impact of employment-based immigration on the economic growth and competitiveness and labor standards, conditions, and wages; (F) the extent and impact of unauthorized employment in the United States; (G) the factors that determine the economic success of immigrants to the United States; and (H) any other matters regarding the impact of employment-based immigration that the Commission considers appropriate; (2) after soliciting and reviewing input from the public, develop and publish in the Federal Register a plan for the performance of its duties, including a description of the methodologies it will employ to measure the need for immigrant workers or nonimmigrant foreign workers in different regions, States, industries and occupations; (3) submit to the Congress, according to the procedures in subsection (c), the methodologies it proposes to use to determine the need for immigrant workers and nonimmigrant foreign workers; (4) submit to the Congress, according to the procedures in subsection (c), any amendments which the Commission deems appropriate to the numeric levels of visas established by the Immigration and Nationality Act for temporary or permanent employment; (5) annually thereafter, submit a report to the President and Congress that— (A) contains any amendments to the numeric levels set according to the procedures in subsection (c)(2), which shall take effect in the same manner described therein unless disapproved by the passage of a resolution in Congress; and (B) makes other recommendations regarding employment-based visas or immigration, including legislative or administrative action, that the Commission determines to be in the national interest; and (6) establish collaborative relationships with international organizations and agencies in countries of origin to encourage the deposit of remittances with financial institutions that will reinvest the remittances received from the United States to promote job development in those countries of origin that have sent immigrants to the United States. (c) Procedures To determine appropriate level of employment-Based immigration for temporary or permanent employment (1) Methodology Not later than 12 months after Congress appropriates funds for its operation, the Commission shall submit to Congress the methodologies it proposes to use to determine the need for immigrant workers and nonimmigrant foreign workers. Congress shall have 90 days to enact a resolution of disapproval. In the absence of such action, the methodologies shall stand approved. (2) Initial determination of numeric levels At the beginning of the first regular session of Congress after the methodologies in paragraph (1) have been approved, but not later than the first day of April, the Commission shall submit to Congress the numeric levels of visas it recommends, by majority vote, to be made available for temporary or permanent employment under the Immigration and Nationality Act and a statement of the reasons therefore. Congress shall have 90 days to enact a resolution of disapproval. In absence of such action, the numeric levels shall stand approved and be implemented at the start of the next fiscal year. (3) Annual determinations Once the initial determination of numeric levels is established, the Commission shall annually thereafter submit to Congress any increase or decrease in numeric levels of employment-based immigration it recommends by majority vote, which shall be disapproved by Congress in the same manner as in clause (2), or stand approved for the next fiscal year. (d) Powers of the commission (1) The Commission, by vote of a majority of the members present and voting, shall have the power to— (A) establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this section; (B) appoint and fix the salary and duties of the Staff Director of the Commission, who shall serve at the discretion of the Commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for Level 6 of the Senior Executive Service Schedule ( 5 U.S.C. 5382 ), and such other personnel as may be necessary to enable the Commission to carry out its functions; (C) deny, revise, or ratify any request for regular, supplemental, or deficiency appropriations prior to any submission of such request to the Office of Management and Budget by the Chair; (D) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; (E) without regard to section 3324 of title 31, United States Code, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; (F) accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code, however, individuals providing such services shall not be considered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and title 28, United States Code, with respect to tort claims; (G) request such information, data, and reports from any Federal agency as the Commission may from time to time require and as may be produced consistent with other law; (H) arrange with the head of any other Federal agency for the performance by such agency of any function of the Commission, with or without reimbursement; (I) establish a research and development program within the Commission for the purpose of understanding and documenting the effects of immigration and the temporary admission of foreign workers on the labor market and national competitiveness; (J) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the need for and effects of employment-based immigration and the admission of nonimmigrant workers; (K) interview and confer with State and local officials, representatives of labor and industry, and experts in academia to obtain information about the need for or benefit of additional immigrant or nonimmigrant workers; (L) make recommendations to Congress concerning modification or enactment of statutes relating to matters that the Commission finds to be necessary and advisable to carry out an effective employment-based immigration policy; (M) hold hearings and call witnesses to assist the Commission in the exercise of its powers or duties; (N) retain and, in its discretion pay reasonable attorneys’ fees out if its appropriated funds to, private attorneys who— (i) shall provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself, or in which the Commission is representing itself with the consent of the Department of Justice; and (ii) when serving as officers or employees of the United States, shall be considered special government employees as defined in section 202(a) of title 18; and (O) grant incentive awards to its employees pursuant to chapter 45 of title 5, United States Code. (2) The Commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this section, and may delegate to any member or designated person such powers as may be appropriate. (e) Information and assistance from Federal agencies (1) Information The head of any Federal department or agency that receives a request from the Commission for information, including suggestions, estimates, and statistics, as the Commission considers necessary to carry out the provisions of this section, shall furnish such information to the Commission, to the extent allowed by law. (2) Assistance (A) General services administration The Administrator of General Services shall, on a reimbursable basis, provide the Commission with administrative support and other services for the performance of the Commission’s functions. (B) Other Federal agencies The departments and agencies of the United States may provide the Commission with such services, funds, facilities, staff, and other support services as heads of such departments and agencies determine advisable and authorized by law. (f) Personnel matters (1) Staff (A) Except as provided under subparagraph (B), any personnel of the Commission who are employees shall be considered to be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89 and 90 of such title. (B) Subparagraph (A) shall not apply to members of the Commission. (2) Detailees Any employee of the Federal Government may be detailed to the Commission without reimbursement from the Commission. Such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (3) Consultant services The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid a person occupying a position at level IV of Executive Schedule under section 5315 of such title 5. (g) Compensation and travel expenses (1) Compensation Each voting member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Travel expenses Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. (h) Authorization of appropriations There are authorized to carry out the purposes of this section such sums as may be necessary. 502. Security and prosperity account Section 286 ( 8 U.S.C. 1356 ) is amended by adding at the end the following new subsection: (w) Prosperity account (1) Establishment There is established in the general fund of the Treasury an account, which shall be known as the Security and Prosperity Account . (2) Deposits Notwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Security and Prosperity Account— (A) all fines collected under section 401(g)(2)(B) of the CIR ASAP Act of 2013; and (B) all fees collected under section 401(g)(2)(A) of such Act. (3) Use of funds The fees and fines deposited into the Security and Prosperity Fund shall be allocated as follows: (A) 25 percent shall be allocated for Training and Employment Services for activities under the Workforce Investment Act (WIA) of 1998 which shall distributed as follows: (i) 25 percent for grants to the States for adult employment and training activities. (ii) 20 percent for grants to the States for dislocated worker employment and training activities. (iii) 10 percent shall be allocated for the dislocated workers assistance national reserve, except that— (I) such funds shall be made available for grants only to eligible entities that serve areas of high unemployment or high poverty and only for purposes described in subsection 173(a)(1) of the WIA; and (II) the Secretary of Labor shall ensure that applicants for such funds demonstrate how income support, child care and other supportive services necessary for an individual’s participation in job training will be provided; and (iv) 45 percent for a program of competitive grants for worker training and placement in high growth and emerging industry sectors. (B) 5 percent shall be allocated for the American Worker Recruit and Match System described in section 503 of the CIR ASAP Act of 2013. (C) 10 percent shall be allocated to the Secretary of Homeland Security for the processing of immigration benefits applications and to subsidize the costs of immigration benefits applications described in section 321. (D) 3 percent shall be allocated to implement title VI of the CIR ASAP Act of 2013. (E) 2 percent shall be allocated for the establishment and operations of the Commission on Labor Markets and Immigration as described in section 501 of such Act. (F) 30 percent shall be allocated to implement the amendments made by title II of the CIR ASAP Act of 2013, and enforcement efforts mandated in such amendments to ensure compliance with the employment practices described in such amendments. (G) 25 percent distributed equally among the programs established in title I of the CIR ASAP Act of 2013 for border security, detention, and enforcement. . 503. American recruit and match system (a) Establishment of program Each State Workforce Agency (SWA) shall establish an Internet-based program entitled American Worker Recruit and Match program, to be incorporated with existing SWA Web-based job search engines, if any— (1) whereby employers may electronically post employment opportunities in fields and occupations that have traditionally relied on unauthorized labor, such as hospitality, agriculture, construction, domestic services, food services and as determined by the Secretary of Labor; (2) whereby individuals may electronically post employment profiles; and (3) that shall be searchable and shall match employers with qualified individuals. (b) Single internet link The Secretary of Labor shall establish a publicly accessible Web page on the Internet website of the Department of Labor that provides a single internet link to each State workforce agency’s American Worker Recruit and Match program. (c) Education Each State workforce agency shall conduct monthly seminars that shall be publicly noticed, to educate employers and individuals regarding use of the American Recruit and Match System. (d) Funding Fees and fines deposited in the Prosperity Fund under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. 2 Protection of workers recruited abroad 511. Protections for workers recruited abroad (a) Basic requirements (1) Each employer and foreign labor contractor who engages in foreign labor contracting activity shall ascertain and disclose to each such worker who is recruited for employment the following information at the time of the worker’s recruitment: (A) The place of employment. (B) The compensation for the employment. (C) A description of employment activities. (D) The period of employment. (E) The transportation, housing, and any other employee benefit to be provided and any costs to be charged for each benefit. (F) The existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment. (G) The existence of any arrangements with any owner or agent of any establishment in the area of employment under which the contractor or employer is to receive a commission or any other benefit resulting from any sales (including the provision of services) by such establishment to the workers. (H) Whether and the extent to which workers will be compensated through workers’ compensation, private insurance, or otherwise for injuries or death, including work related injuries and death, during the period of employment and, if so, the name of the State workers’ compensation insurance carrier or the name of the policyholder of the private insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. (I) Any education or training to be provided or made available, including the nature and cost of such training, who will pay such costs, and whether the training is a condition of employment, continued employment, or future employment. (J) A statement, approved by the Secretary of Labor, describing the protections of this part for workers recruited abroad. (2) No foreign labor contractor or employer shall knowingly provide false or misleading information to any worker concerning any matter required to be disclosed in paragraph (1). (3) The information required to be disclosed by paragraph (1) to workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in the language of the worker being recruited. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section. (4) No fees may be charged to a worker for recruitment. (5) No employer or foreign labor contractor shall, without justification, violate the terms of any working arrangement made by that contractor or employer. (6) The employer shall pay the transportation costs, including subsistence costs during the period of travel, for the worker from the place of recruitment to the place of employment and from the place of employment to such worker’s place of permanent residence. (7) (A) It shall be unlawful for an employer or a foreign labor contractor to fail or refuse to hire or to discharge any individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because such individual’s race, color, creed, sex, national origin, religion, age, or disability. (B) For the purposes of determining the existence of unlawful discrimination under subclause (A)— (i) in the case of a claim of discrimination based on race, color, creed, sex, national origin, or religion, the same legal standards shall apply as are applicable under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); (ii) in the case of a claim of discrimination based on unlawful discrimination based on age, the same legal standards shall apply as are applicable under the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ); and (iii) in the case of a claim of discrimination based on disability, the same legal standards shall apply as are applicable under title I of the Americans With Disabilities Act ( 42 U.S.C. 12101 et seq. ). (b) Other worker protections (1) Each employer shall notify the Secretary of the identity of any foreign labor contractor involved in any foreign labor contractor activity for or on behalf of the employer. The employer shall be subject to the civil remedies of this chapter for violations committed by such foreign labor contractor to the same extent as if the employer had committed the violation. The employer shall notify the Secretary of the identity of such a foreign labor contractor whose activities do not comply with this chapter. (2) The Secretary shall maintain a list of all foreign labor contractors whom the Secretary knows or believes have been involved in violations of this chapter, and make that list publicly available. The Secretary shall provide a procedure by which an employer, a foreign labor contractor, or someone acting on behalf of such contractor may seek to have a foreign labor contractor’s name removed from such list by demonstrating to the Secretary’s satisfaction that the foreign labor contractor has not violated this chapter in the previous five years. (3) No foreign labor contractor shall violate, without justification, the terms of any written agreements made with an employer pertaining to any contracting activity or worker protection under this chapter. (c) Discrimination prohibited against workers seeking relief under this chapter No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this chapter. 512. Enforcement provisions (a) Criminal sanctions Whoever knowingly violates this chapter shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. Upon conviction, after a first conviction under this section, for a second or subsequent violation of this chapter, the defendant shall be fined under title 18, United States Code, or imprisoned not more than three years, or both. (b) Administrative sanctions (1) (A) Subject to subparagraph (B), the Secretary may assess a civil money penalty of not more than $5,000 on any person who violates this chapter. (B) In determining the amount of any penalty to be assessed under subparagraph (A), the Secretary shall take into account (i) the previous record of the person in terms of compliance with this chapter and with comparable requirements of the Fair Labor Standards Act of 1938, and with regulations promulgated under such Acts, and (ii) the gravity of the violation. (2) Any employer who uses the services of a foreign labor contractor who is on the list maintained by the Secretary pursuant to section 2(b)(2), shall, if the actions of such foreign labor contractor have contributed to a violation of this chapter by the employer, be fined $10,000 per violation in addition to any other fines or penalties for which the employer may be liable for the violation. (c) Actions by Secretary The Secretary may take such actions, including seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this chapter and with this chapter. (d) Waiver of rights Agreements by employees purporting to waive or to modify their rights under this chapter shall be void as contrary to public policy. (e) Representation in court Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter, but all such litigation shall be subject to the direction and control of the Attorney General. 513. Procedures in addition to other rights of employees The rights and remedies provided to workers by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies. 514. Authority to prescribe regulations The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this chapter. 515. Definitions (a) In general Except as otherwise provided by this chapter, for purposes of this chapter the terms used in this chapter shall have the same meanings, respectively, as are given those terms in section 3 of the Fair Labor Standards Act of 1938. (b) Other definitions As used in this chapter: (1) The term State means any State of the United States and includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands of the United States. (2) The term foreign labor contractor means any person who for any money or other valuable consideration paid or promised to be paid, performs any foreign labor contracting activity. (3) The term foreign labor contracting activity means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States to be employed in the United States. (4) The term Secretary means the Secretary of Labor. (5) The term worker means an individual who is the subject of foreign labor contracting activity. 3 Technical correction 521. Technical correction Section 212 of the Immigration and Nationality Act is amended by redesignating the second subsection (t), as added by section 1(b)(2)(B) of the Act entitled An Act to amend and extend the Irish Peace Process Cultural and Training Program Act of 1998 ( Public Law 108–449 (118 Stat. 3470)), as subsection (u). B Reforms of certain classes of employment-Based visas 1 H–1B visa fraud and abuse protections A H–1B Employer Application Requirements 531. Modification of application requirements (a) General application requirements Subparagraph (A) of section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ) is amended to read as follows: (A) The employer— (i) is offering and will offer to H–1B nonimmigrants, during the period of authorized employment for each H–1B nonimmigrant, wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of— (I) the locally determined prevailing wage level for the occupational classification in the area of employment; (II) the median average wage for all workers in the occupational classification in the area of employment; and (III) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (ii) will provide working conditions for such H–1B nonimmigrant that will not adversely affect the working conditions of other workers similarly employed. . (b) Internet posting requirement Subparagraph (C) of such section 212(n)(1) is amended— (1) by redesignating clause (ii) as subclause (II); (2) by striking (i) has provided and inserting the following: (ii) (I) has provided ; and (3) by inserting before clause (ii), as redesignated by paragraph (2) of this subsection, the following: (i) has posted on the Internet website described in paragraph (3), for at least 30 calendar days, a detailed description of each position for which a nonimmigrant is sought that includes a description of— (I) the wages and other terms and conditions of employment; (II) the minimum education, training, experience, and other requirements for the position; and (III) the process for applying for the position; and . (c) Wage determination information Subparagraph (D) of such section 212(n)(1) is amended by inserting the wage determination methodology used under subparagraph (A)(i), after shall contain . (d) Application of requirements to all employers (1) Nondisplacement Subparagraph (E) of such section 212(n)(1) is amended— (A) in clause (i)— (i) by striking 90 days both places it appears and inserting 180 days ; and (ii) by striking (i) In the case of an application described in clause (ii), the and inserting The ; and (B) by striking clause (ii). (2) Recruitment Subparagraph (G)(i) of such section 212(n)(1) is amended by striking In the case of an application described in subparagraph (E)(ii), subject and inserting Subject . (e) Requirement for waiver Subparagraph (F) of such section 212(n)(1) is amended to read as follows: (F) The employer shall not place, outsource, lease, or otherwise contract for the services or placement of H–1B nonimmigrants with another employer unless the employer of the alien has been granted a waiver under paragraph (2)(E). . 532. New application requirements Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ) is amended by inserting after clause (ii) of subparagraph (G) the following: (H) (i) The employer has not advertised any available position specified in the application in an advertisement that states or indicates that— (I) such position is only available to an individual who is or will be an H–1B nonimmigrant; or (II) an individual who is or will be an H–1B nonimmigrant shall receive priority or a preference in the hiring process for such position. (ii) The employer has not solely recruited individuals who are or who will be H–1B nonimmigrants to fill such position. (I) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) may not exceed 50 percent of the total number of employees. (J) If the employer, in such previous period as the Secretary shall specify, employed 1 or more H–1B nonimmigrants, the employer shall submit to the Secretary the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to the H–1B nonimmigrants for such period. . 533. Application review requirements (a) Technical amendment Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ), as amended by section 102, is further amended in the undesignated paragraph at the end, by striking The employer and inserting the following: (K) The employer. . (b) Application review requirements Subparagraph (K) of such section 212(n)(1), as designated by subsection (a), is amended— (1) by inserting and through the Department of Labor’s website, without charge. after D.C. ; (2) by striking only for completeness and inserting for completeness and clear indicators of fraud or misrepresentation of material fact, ; (3) by striking or obviously inaccurate and inserting , presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate ; (4) by striking within 7 days of and inserting not later than 14 days after ; and (5) by adding at the end the following: If the Secretary’s review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2). . B Investigation and Disposition of Complaints against H–1B 541. General modification of procedures for investigation and disposition Subparagraph (A) of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended— (1) by striking (A) Subject and inserting (A)(i) Subject ; (2) by striking 12 months and inserting 24 months ; (3) by striking the last sentence; and (4) by adding at the end the following: (ii) (I) Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred. (II) The Secretary may conduct surveys of the degree to which employers comply with the requirements of this subsection and may conduct annual compliance audits of employers that employ H–1B nonimmigrants. (III) The Secretary shall— (aa) conduct annual compliance audits of not less than 1 percent of the employers that employ H–1B nonimmigrants during the applicable calendar year; (bb) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. . 542. Investigation, working conditions, and penalties Subparagraph (C) of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended— (1) in clause (i)— (A) in the matter preceding subclause (I)— (i) by striking a condition of paragraph (1)(B), (1)(E), or (1)(F) and inserting a condition under subparagraph (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), (I), or (J) of paragraph (1) ; and (ii) by striking (1)(C) and inserting (1)(C)(ii) ; (B) in subclause (I)— (i) by striking $1,000 and inserting $2,000 ; and (ii) by striking and at the end; (C) in subclause (II), by striking the period at the end and inserting a semicolon and and ; and (D) by adding at the end the following: (III) an employer that violates such subparagraph (A) shall be liable to the employees harmed by such violations for lost wages and benefits. ; (2) in clause (ii)— (A) in subclause (I)— (i) by striking may and inserting shall ; and (ii) by striking $5,000 and inserting $10,000 ; (B) in subclause (II), by striking the period at the end and inserting a semicolon and and ; and (C) by adding at the end the following: (III) an employer that violates such subparagraph (A) shall be liable to the employees harmed by such violations for lost wages and benefits. ; (3) in clause (iii)— (A) in the matter preceding subclause (I), by striking 90 days both places it appears and inserting 180 days ; (B) in subclause (I)— (i) by striking may and inserting shall ; and (ii) by striking and at the end; (C) in subclause (II), by striking the period at the end and inserting a semicolon and and ; and (D) by adding at the end the following: (III) an employer that violates subparagraph (A) of such paragraph shall be liable to the employees harmed by such violations for lost wages and benefits. ; (4) in clause (iv)— (A) by inserting to take, fail to take, or threaten to take or fail to take, a personnel action, or before to intimidate ; (B) by inserting (I) after (iv) ; and (C) by adding at the end the following: (II) An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits. ; and (5) in clause (vi)— (A) by amending subclause (I) to read as follows: (I) It is a violation of this clause for an employer who has filed an application under this subsection— (aa) to require an H–1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursuant to relevant State law); and (bb) to fail to offer to an H–1B nonimmigrant, during the nonimmigrant's period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (AA) the opportunity to participate in health, life, disability, and other insurance plans; (BB) the opportunity to participate in retirement and savings plans; and (CC) cash bonuses and noncash compensation, such as stock options (whether or not based on performance). ; and (B) in subclause (III), by striking $1,000 and inserting $2,000 . 543. Waiver requirements (a) In general Subparagraph (E) of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended to read as follows: (E) (i) The Secretary of Labor may waive the prohibition in paragraph (1)(F) if the Secretary determines that the employer seeking the waiver has established that— (I) the employer with whom the H–1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer; (II) the H–1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H–1B nonimmigrant would be placed; and (III) the placement of the H–1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H–1B nonimmigrant will be placed. (ii) The Secretary shall grant or deny a waiver under this subparagraph not later than 7 days after the Secretary receives the application for such waiver. . (b) Requirement for rules (1) Rules for waivers The Secretary of Labor shall promulgate rules, after notice and a period for comment, for an employer to apply for a waiver under subparagraph (E) of section 212(n)(2) of such Act, as amended by subsection (a). (2) Requirement for publication The Secretary of Labor shall submit to Congress and publish in the Federal Register and other appropriate media a notice of the date that rules required by paragraph (1) are published. 544. Initiation of investigations Subparagraph (G) of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended— (1) in clause (i), by striking if the Secretary and all that follows and inserting with regard to the employer's compliance with the requirements of this subsection. ; (2) in clause (ii), by striking and whose identity and all that follows through failure or failures. and inserting the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection. ; (3) in clause (iii), by striking the last sentence; (4) by striking clauses (iv) and (v); (5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (6) in clause (iv), as so redesignated, by striking meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months and inserting comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months ; (7) by amending clause (v), as so redesignated, to read as follows: (v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review. ; (8) in clause (vi), as so redesignated, by striking An investigation and all that follows through the determination. and inserting If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. ; and (9) by adding at the end the following: (vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (C). . 545. Information sharing Subparagraph (H) of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended to read as follows: (H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H–1B nonimmigrants as part of the adjudication process that indicates that the employer is not complying with visa program requirements for H–1B nonimmigrants. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph. . 546. Conforming amendment Subparagraph (F) of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by striking The preceding sentence shall apply to an employer regardless of whether or not the employer is an H–1B-dependent employer. . C Other H–1B provisions 551. Posting available H–1B positions through the Department of Labor (a) Department of labor website Paragraph (3) of section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ) is amended to read as follows: (3) (A) Not later than 90 days after the date of the enactment of the H–1B and L–1 Visa Reform Act of 2009, the Secretary of Labor shall establish a searchable Internet website for posting positions as required by paragraph (1)(C). Such website shall be available to the public without charge. (B) The Secretary may work with private companies or nonprofit organizations to develop and operate the Internet website described in subparagraph (A). (C) The Secretary may promulgate rules, after notice and a period for comment, to carry out the requirements of this paragraph. . (b) Requirement for publication The Secretary of Labor shall submit to Congress and publish in the Federal Register and other appropriate media a notice of the date that the Internet website required by paragraph (3) of section 212(n) of such Act, as amended by subsection (a), will be operational. (c) Application The amendments made by subsection (a) shall apply to an application filed on or after the date that is 30 days after the date described in subsection (b). 552. H–1B government authority and requirements (a) Immigration documents Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (l) Employer To provide immigration paperwork exchanged with federal agencies Not later than 21 business days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide such employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary. . (b) Report on job classification and wage determinations Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report analyzing the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system. The report shall— (1) specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences; and (2) make recommendations concerning necessary updates and modifications. 553. Additional Department of Labor employees (a) In general The Secretary of Labor is authorized to hire 200 additional employees to administer, oversee, investigate, and enforce programs involving nonimmigrant employees described in section 101(a)(15)(H)(i)(B). (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 2 L–1 nonimmigrants 561. Prohibition on outplacement of L–1 nonimmigrants (a) In general Subparagraph (F) of section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended to read as follows: (F) (i) Unless an employer receives a waiver under clause (ii), an employer may not employ an alien, for a cumulative period of more than 1 year, who— (I) will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L); and (II) will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent, including pursuant to an outsourcing, leasing, or other contracting agreement. (ii) The Secretary of Homeland Security may grant a waiver of the requirements of clause (i) for an employer if the Secretary determines that the employer has established that— (I) the employer with whom the alien referred to in clause (i) would be placed has not displaced and does not intend to displace a United States worker employed by the employer within the period beginning 180 days after the date of the placement of such alien with the employer; (II) such alien will not be controlled and supervised principally by the employer with whom the nonimmigrant would be placed; and (III) the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with whom the nonimmigrant will be placed, rather than a placement in connection with the provision or a product or service for which specialized knowledge specific to the petitioning employer is necessary. (iii) The Secretary shall grant or deny a waiver under clause (ii) not later than 7 days after the date that the Secretary receives the application for the waiver. . (b) Regulations The Secretary of Homeland Security shall promulgate rules, after notice and a period for comment, for an employer to apply for a waiver under subparagraph (F)(ii) of section 214(c)(2), as added by subsection (a). 562. L–1 employer petition requirements for employment at new offices Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended by adding at the end the following: (G) (i) If the beneficiary of a petition under this paragraph is coming to the United States to open, or be employed in, a new office, the petition may be approved for up to 12 months only if— (I) the alien has not been the beneficiary of 2 or more petitions under this subparagraph during the immediately preceding 2 years; and (II) the employer operating the new office has— (aa) an adequate business plan; (bb) sufficient physical premises to carry out the proposed business activities; and (cc) the financial ability to commence doing business immediately upon the approval of the petition. (ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains— (I) evidence that the importing employer meets the requirements of this subsection; (II) evidence that the beneficiary of the petition is eligible for nonimmigrant status under section 101(a)(15)(L); (III) a statement summarizing the original petition; (IV) evidence that the importing employer has fully complied with the business plan submitted under clause (i)(I); (V) evidence of the truthfulness of any representations made in connection with the filing of the original petition; (VI) evidence that the importing employer, for the entire period beginning on the date on which the petition was approved under clause (i), has been doing business at the new office through regular, systematic, and continuous provision of goods and services; (VII) a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary will perform at the new office during the extension period granted under this clause; (VIII) a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees; (IX) evidence of wages paid to employees; (X) evidence of the financial status of the new office; and (XI) any other evidence or data prescribed by the Secretary. (iii) A new office employing the beneficiary of an L–1 petition approved under this paragraph shall do business only through regular, systematic, and continuous provision of goods and services for the entire period for which the petition is sought. (iv) Notwithstanding clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security, in the Secretary’s discretion, may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted 12-month period if the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services for the 6 months immediately preceding the date of extension petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion. . 563. Cooperation with Secretary of State Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by section 202, is further amended by adding at the end the following: (H) For purposes of approving petitions under this paragraph, the Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify the existence or continued existence of a company or office in the United States or in a foreign country. . 564. Investigation and disposition of complaints against L–1 employers Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 202 and 203, is further amended by adding at the end the following: (I) (i) The Secretary of Homeland Security may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) with regard to the employer’s compliance with the requirements of this subsection. (ii) If the Secretary receives specific credible information from a source who is likely to have knowledge of an employer’s practices, employment conditions, or compliance with the requirements under this subsection, the Secretary may conduct an investigation into the employer’s compliance with the requirements of this subsection. The Secretary may withhold the identity of the source from the employer, and the source’s identity shall not be subject to disclosure under section 552 of title 5, United States Code. (iii) The Secretary shall establish a procedure for any person desiring to provide to the Secretary information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. (iv) No investigation described in clause (ii) (or hearing described in clause (vi) based on such investigation) may be conducted with respect to information about a failure to comply with the requirements under this subsection, unless the Secretary receives the information not later than 24 months after the date of the alleged failure. (v) Before commencing an investigation of an employer under clause (i) or (ii), the Secretary shall provide notice to the employer of the intent to conduct such investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause. (vi) If the Secretary, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 120 days after the date of the hearing. (vii) If the Secretary, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (L). (viii) (I) The Secretary may conduct surveys of the degree to which employers comply with the requirements under this section. (II) The Secretary shall— (aa) conduct annual compliance audits of not less than 1 percent of the employers that employ nonimmigrants described in section 101(a)(15)(L) during the applicable fiscal year; (bb) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are nonimmigrants described in 101(a)(15)(L); and (cc) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause. . 565. Wage rate and working conditions for L–1 nonimmigrant (a) In general Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 202, 203, and 204, is further amended by adding at the end the following: (J) (i) An employer that employs a nonimmigrant described in section 101(a)(15)(L) for a cumulative period of time in excess of 1 year shall— (I) offer such nonimmigrant, during the period of authorized employment, wages, based on the best information available at the time the application is filed, which are not less than the highest of— (aa) the locally determined prevailing wage level for the occupational classification in the area of employment; (bb) the median average wage for all workers in the occupational classification in the area of employment; and (cc) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (II) provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed. (ii) If an employer, in such previous period specified by the Secretary of Homeland Security, employed 1 or more such nonimmigrants, the employer shall provide to the Secretary of Homeland Security the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period. (iii) It is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) to require such a nonimmigrant to pay a penalty for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer; or (II) to fail to offer to such a nonimmigrant, during the nonimmigrant's period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (aa) the opportunity to participate in health, life, disability, and other insurance plans; (bb) the opportunity to participate in retirement and savings plans; and (cc) cash bonuses and noncash compensation, such as stock options (whether or not based on performance). (iv) The Secretary of Homeland Security shall determine whether a required payment under clause (iii)(I) is a penalty (and not liquidated damages) pursuant to relevant State law. . (b) Regulations The Secretary of Homeland Security shall promulgate rules, after notice and a period of comment, to implement the requirements of subparagraph (J) of section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as added by subsection (a). In promulgating these rules, the Secretary shall take into consideration any special circumstances relating to intracompany transfers. 566. Penalties Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 202, 203, 204, and 205, is further amended by adding at the end the following: (K) (i) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a failure by an employer to meet a condition under subparagraph (F), (G), (J), or (L) or a misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $2,000 per violation) as the Secretary determines to be appropriate; (II) the Secretary may not, during a period of at least 1 year, approve a petition for that employer to employ 1 or more aliens as such nonimmigrants; and (III) in the case of a violation of subparagraph (J) or (L), the employer shall be liable to the employees harmed by such violation for lost wages and benefits. (ii) If the Secretary finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (F), (G), (J), or (L) or a willful misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)— (I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary determines to be appropriate; (II) the Secretary may not, during a period of at least 2 years, approve a petition filed for that employer to employ 1 or more aliens as such nonimmigrants; and (III) in the case of a violation of subparagraph (J) or (L), the employer shall be liable to the employees harmed by such violation for lost wages and benefits. . 567. Prohibition on retaliation against L–1 nonimmigrants Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ), as amended by sections 202, 203, 204, 205, and 206, is further amended by adding at the end the following: (L) (i) It is a violation of this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) to take, fail to take, or threaten to take or fail to take, a personnel action, or to intimidate, threaten, restrain, coerce, blacklist, discharge, or discriminate in any other manner against an employee because the employee— (I) has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or (II) cooperates or seeks to cooperate with the requirements of this subsection, or any rule or regulation pertaining to this subsection. (ii) In this subparagraph, the term employee includes— (I) a current employee; (II) a former employee; and (III) an applicant for employment. . 568. Technical amendments Section 214(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2) ) is amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security . 569. Reports on L–1 nonimmigrants Section 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) ) is amended by inserting (L), after (H), . 570. Application The amendments made by sections 201 through 207 shall apply to applications filed on or after the date of the enactment of this Act. 571. Report on L–1 blanket petition process (a) Requirement for report Not later than 6 months after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the appropriate committees of Congress a report regarding the use of blanket petitions under section 214(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(2)(A) ). Such report shall assess the efficiency and reliability of the process for reviewing such blanket petitions, including whether the process includes adequate safeguards against fraud and abuse. (b) Appropriate committees of Congress In this section the term appropriate committees of Congress means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; (2) the Committee on the Judiciary of the Senate ; (3) the Committee on Homeland Security of the House of Representatives ; and (4) the Committee on the Judiciary of the House of Representatives . 572. Requirements for information for H–1b and L–1 nonimmigrants Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Requirements for Information for H–1B and L–1 Nonimmigrants (1) In general Upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) who is outside the United States, the issuing office shall provide the applicant with— (A) a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protections; (B) the contact information for appropriate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights; and (C) a copy of the application submitted for the nonimmigrant under section 212(n) or the petition submitted for the nonimmigrant under subsection (c)(2)(A), as appropriate. (2) Upon the issuance of a visa to an applicant referred to in paragraph (1) who is inside the United States, the issuing officer of the Department of Homeland Security shall provide the applicant with the material described in clauses (i), (ii), and (iii) of subparagraph (A). . 3 Protection of H–2B nonimmigrants 581. Enforcement of Federal labor laws relating to H–2B nonagricultural guest workers (a) In General Section 214(c)(14) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(14) ) is amended— (1) in subparagraph (A), by striking of Homeland Security each place it appears and inserting of Labor ; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (4) by adding at the end the following: (D) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with the terms and conditions required under this Act for employing nonimmigrant workers described in section 101(a)(15)(H)(ii)(b), and as required under the Increasing American Wages and Benefits Act of 2007. The authority of the Secretary of Labor under this subparagraph shall not preempt any other rights which affected persons may have under Federal or State law. (E) Any aggrieved person whose wages or working conditions have been directly and adversely affected by an employer in violation of applicable laws and regulations governing the employment of nonimmigrant workers described in section 101(a)(15)(H)(ii)(b), or by a violation of the terms and conditions of employment, may bring a civil action against such employer in the appropriate district court of the United States. Such cause of action shall not be subject to exhaustion of administrative remedies and shall be in addition to any other causes of action and remedies that may exist. (F) Notwithstanding any other provision of law, the Legal Services Corporation may provide legal services on behalf of nonimmigrant workers described in section 101(a)(15)(H)(ii)(b) regarding the terms and conditions of employment, transportation, and housing and other provisions of law applicable to the employment of such nonimmigrants. . (b) Report Section 214(g)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(10) ) is amended— (1) by inserting (A) after (10) ; and (2) by adding at the end the following: (B) Each employer that hires a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) shall— (i) notify the Secretary of Labor not later than 30 days after the conclusion of each such nonimmigrant’s term of employment; and (ii) submit to the Secretary of Labor employment payroll records and similar documentation showing that the employer paid the required prevailing wage and transportation, and other expenses required under this section and section 212. . 582. Recruitment of United States workers Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) in subsection (p)(3), by striking (a)(5)(A), (n)(1)(A)(i)(II), and inserting (n)(1)(A)(i)(II) ; (2) by redesignating subsection (t) (as added by section 1(b)(2)(B) of Public Law 108–449 ) as subsection (u); and (3) by adding at the end the following: (v) (1) Except as provided under paragraph (5), an employer that seeks to employ an alien described in section 101(a)(15)(H)(ii)(b) (referred to in this subsection as an H–2B nonimmigrant ) shall take the following steps to recruit United States workers for the position for which the alien is sought not later than 14 days before filing an application under paragraph (3): (A) The employer shall submit a copy of the job offer, including a description of the wages and other terms and conditions of employment, to the State Workforce Agency that serves the area of employment in the State in which the employer is located (referred to in this subsection as the SWA ). The SWA shall provide the employer with an acknowledgment of receipt of such documentation in accordance with this paragraph. (B) The employer shall authorize the SWA to post the job opportunity on the Internet through the website for America’s Job Bank , with local job banks, and with unemployment agencies and other labor referral and recruitment sources pertinent to such job opportunity. (C) The employer shall authorize the SWA to provide notification of the job opportunity, and the SWA shall designate that these are job opportunities for which H–2B visas have been requested, to— (i) the central office of the State Federation of Labor in the State in which the job is located; and (ii) the office of the local union which represents the employees in the same or substantially equivalent job classification, if applicable. (D) The employer shall post the availability of the job opportunity for which the employer is seeking a worker in conspicuous locations at the place of employment for all employees to see. (E) The employer shall advertise the availability of the job opportunity for which the employer is seeking a worker in a publication with the highest circulation in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days. (F) Based on recommendations by the local job service, the employer shall advertise the availability of the job opportunity in professional, trade, or local minority and ethnic publications that are likely to be patronized by a potential worker. (2) An employer that seeks to employ an H–2B nonimmigrant shall— (A) first offer the job to any eligible United States worker who— (i) applies; (ii) is qualified for the job; and (iii) is available at the time of need; and (B) maintain, for at least 3 years after the employment relation is terminated, documentation of recruitment efforts and responses conducted and received before filing an application with the Department of Labor, including— (i) resumes; (ii) applications; and (iii) tests of United States workers who applied and were not hired for the job the employer seeks to fill with a nonimmigrant worker, if applicable. (3) An employer that seeks to hire an H–2B nonimmigrant shall submit an application to the Secretary of Labor that includes a certification, under penalty of perjury, that— (A) the employer has not made a job offer to a United States worker, which imposed restrictions or obligations that will not be imposed on an H–2B nonimmigrant; (B) the employer has complied with the recruitment requirements under paragraph (1); (C) the employer will offer an H–2B nonimmigrant not less than the same benefits and working conditions provided to United States workers similarly employed in the same occupational classification at the same actual place of employment in addition to paying an H–2B nonimmigrant a prevailing wage rate not less than the wage rate offered to United States workers; (D) there is currently no strike, lockout, or labor dispute (as defined in section 2(9) of the Labor-Management Relations Act ( 29 U.S.C. 152(9) )), at the same place of employment, which affects employees in the same occupational classification in which an H–2B nonimmigrant will be employed; (E) the employer will comply with all applicable laws and regulations relating to the right of workers to join or organize a union (including rights protected under section 7 of the Labor-Management Relations Act ( 29 U.S.C. 157 )); (F) the employer has— (i) provided notice of the filing of an application to the bargaining representative of employees, if any, working in the same occupational classification at the place of employment as an H–2B nonimmigrant who the employer intends to employ; or (ii) if there is no such bargaining representative, posted notice of filing such application in conspicuous locations at the place of employment for all employees to see for not fewer than 14 business days; and (G) the requirements applicable to the job, which the employer intends to hire an H–2B nonimmigrant to perform, represent the actual minimum requirements applicable to that job and the employer will not hire an H–2B nonimmigrant to perform the job who has less training or experience than the employer’s other employees. (4) (A) An employer that applies to hire an H–2B nonimmigrant shall hire any qualified United States worker who applies for the job for which such nonimmigrant was intended to be employed if such United States worker applies before the date that is 30 days before the date on which the last such H–2B nonimmigrant is scheduled to begin work for such employer. (B) The Secretary of Labor, through the workforce agency of a State, as appropriate, shall provide information about applications for H–2B nonimmigrants, including information about domestic workers who apply for jobs but are not hired, to a United States worker, nonprofit organization, or union not later than 48 hours after such worker, organization, or union requests such information. . 583. Prevailing wages for United States workers and H–2B workers Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), as amended by section 102, is further amended by adding at the end the following: (w) (1) No alien may be admitted or provided status as a nonimmigrant under section 101(a)(15)(H)(ii)(b) in an occupational classification unless the Secretary of Labor certifies that the employer— (A) is offering and will offer during the period of authorized employment to aliens admitted or provided such status the wage rate set forth in the collective bargaining agreement, if the job opportunity is covered by a collective bargaining agreement; (B) if the job opportunity is not covered by a collective bargaining agreement, the wage the employer is offering and will offer, to any alien or United States worker employed by or offered employment by the employer, during the period of authorized employment for aliens admitted or provided such status, wages that are not less than the higher of— (i) the wage determination, if any, issued pursuant to subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ); (ii) the wage determination, if any, issued pursuant to the Service Contract Act of 1965 ( 41 U.S.C. 351 et seq. ); (iii) the median rate of the highest 66 percent of the wage data applicable to such occupational classification under the most recently published Occupational Employment Statistics Survey, compiled by the Bureau of Labor Statistics; or (iv) a wage that is not less than 150 percent of the Federal minimum wage in effect under the Fair Labor Standards Act ( 29 U.S.C. 201 et seq. ); and (C) will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed. (2) An employer may not appeal a decision of the Secretary of Labor concerning the wages required to be paid under paragraph (1)(A) unless United States workers and their labor representatives are given the opportunity to submit contrary evidence or appeal that such required wages are too low. (3) An employer may not hire a nonimmigrant described in section 101(a)(15)(H)(ii)(b) unless— (A) real prevailing wages in the occupational classification in which such nonimmigrant is to be hired are at least 3 percent higher than such wages during the preceding year under the Occupational Employment Statistics Survey compiled by the Bureau of Labor Statistics; or (B) the employer offers to pay the H–2B worker or a United States worker a wage in the occupational classification in which such worker is to be hired that is at least 3 percent higher during the preceding year, after adjusting for inflation under the Occupational Employment Survey. . 584. Certification requirement Section 214(c)(14) of the Immigration and Nationality Act, as amended by section 101, is further amended by adding at the end the following: (G) A petition by an employer seeking to hire an alien described in section 101(a)(15)(H)(ii)(b) shall not be approved until the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that— (i) the employer has not been required under law to provide a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) during the 12-month period immediately preceding the date on which the alien is to be hired; and (ii) the employer does not intend to provide a notice of a mass layoff pursuant to such Act. (H) If an employer is required under law to provide a notice of a mass layoff pursuant to such Act after hiring nonimmigrants granted status under section 101(a)(15)(H)(ii)(b), the status of such nonimmigrants shall expire on the date that is 60 days after the date on which such notice is provided. (I) An employer shall be exempt from the requirements under subparagraphs (G) and (H) if the employer provides written certification, under penalty of perjury, that the total number of the employer's employees in the United States will not be reduced as a result of a mass layoff. . 585. Protections for workers Section 214(c)(14) of the Immigration and Nationality Act, as amended by section 104, is further amended by adding at the end the following: (J) Employers who hire nonimmigrants described in section 101(a)(15)(H)(ii)(b) shall reimburse the nonimmigrants for the reasonable transportation costs incurred by such nonimmigrants and United States workers to initially reach the job site and, once the period of employment for the job opportunity is completed, to return to their countries of origin or to the next place of employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker’s transportation to such subsequent employer’s place of employment. The amount of reimbursement for such transportation expenses shall not exceed the lesser of— (i) the actual cost to the worker or alien of the transportation and subsistence involved; or (ii) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. (K) (i) Employers who hire nonimmigrants described in section 101(a)(15)(H)(ii)(b) shall guarantee to offer the worker employment for at least 75 percent of the workdays of the total periods during which the work contract and all extensions of such contract are in effect, beginning with the first workday after the arrival of the worker at the place of employment and ending on the expiration date specified in the work contract or in its extensions, if any. (ii) If the employer affords a worker during the total work contract period less employment than that required under this subparagraph, the employer shall pay the worker the amount which the worker would have earned had the worker worked for the guaranteed number of days. (iii) In this subparagraph, the term workday — (I) means a day in which the worker is offered the number of hours stated in the job order; and (II) excludes the worker’s Sabbath and Federal holidays. (iv) A work guarantee does not meet the requirements under this subparagraph unless the number of hours of work offered by the employer is equal to not less than the product of— (I) 75 percent of the workdays; multiplied by (II) the average number of hours per day stated in the job order. (v) A worker may be offered more than the specified hours of work on a single workday. (vi) The employer may not require, for purposes of meeting the work guarantee, that the worker work longer than the number of hours specified in the job order on a workday, the worker’s Sabbath, or a Federal holiday. (L) If the job opportunity is not covered by the State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State’s workers’ compensation law for comparable employment. . 586. Petitions by employers that have signed labor agreements with unions that operate hiring halls Section 212(v) of the Immigration and Nationality Act, as added by section 102, is amended by adding at the end the following: (5) An employer that seeks to hire an H–2B nonimmigrant may file an application with the Secretary of Labor in accordance with this paragraph, instead of complying with paragraphs (1) through (4), if— (A) the employer has signed a labor agreement with a labor organization (as defined in section 2(5) of the Labor-Management Relations Act ( 29 U.S.C. 152(5) ) under which the labor organization is responsible for referring applicants for employment to the employer under a procedure commonly known as a hiring hall or referral hall ; and (B) the application is accompanied by a written statement prepared by the labor organization attesting that— (i) the labor organization operates a hiring hall that, pursuant to contractual agreement and actual practice, is a source of employees in the same or substantially equivalent occupational classification in which the employer seeks to employ an H–2B nonimmigrant; (ii) the labor organization does not have a sufficient number of qualified applicants available for referral in the same or substantially equivalent occupational classification in which the employer seeks to employ an H–2B nonimmigrant; (iii) the labor organization has advertised, for at least 5 consecutive days, the availability of the job opportunity for which the employer is seeking to employ an H–2B nonimmigrant in the publication with the highest circulation in the labor market that is likely to be patronized by potential applicants; (iv) the employer is contractually obligated to pay all employees, in the same or substantially equivalent occupational classification in which the employer seeks to employ an H–2B nonimmigrant, wages and benefits set forth in a labor agreement with the labor organization, which equals or exceeds the prevailing wage rate the employer would be obligated to pay; and (v) the H–2B nonimmigrants who the employer seeks to employ will be paid not less than the same wages and benefits and be subject to the same terms and conditions of employment set forth in the employer's labor agreement with the labor organization. . 587. H–2B nonimmigrant labor certification application fees (a) Establishment of Fees Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ) is amended by adding the following: (v) Establishment of h–2b employment certification application fee (I) In general The Secretary of Labor shall impose a fee on an employer that submits an application for an employment certification for aliens granted nonimmigrant status under section 101(a)(15)(H)(ii)(b) to the Secretary of Labor under this subparagraph on or after the date that is 30 days after the date of enactment of the Increasing American Wages and Benefits Act of 2007. (II) Fee during initial year During the period beginning 30 days after the date of enactment of the Increasing American Wages and Benefits Act of 2007 and ending 1 year after such date, the fee imposed under subclause (I) shall be $800 for each application. (III) Fee after initial year After the date that is one year after the date of enactment of the Increasing American Wages and Benefits Act of 2007, the fee imposed under subclause (I) shall be set at a level the Secretary of Labor determines will ensure recovery of the full costs of carrying out labor certification activities under this subparagraph and will recover any additional costs associated with the administration of the fees collected. (IV) Prohibition on employer accepting reimbursement of fee (aa) In general An employer subject to a fee under this clause shall not require or accept reimbursement, directly or indirectly, of or other compensation for all or part of the cost of such fee. (bb) Civil penalty If the Secretary of Labor determines, after notice and opportunity for a hearing, that a violation of item (aa) has occurred, the Secretary of Labor may impose a civil penalty in an amount not to exceed $5,000 per violation. (V) Deposit of fees and penalties Fees and civil penalties collected under this clause shall be deposited in the H–2B Employment Certification Application Fee Account established under section 286(x). . (b) Establishment of Account and Use of Fund Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (x) H–2B Employment Certification Application Fee Account (1) Establishment of account There is established in the general fund of the Treasury a separate account, which shall be known as the H–2B Employment Certification Application Fee Account . Notwithstanding any other provision of this title, there shall be deposited as offsetting receipts into the account all amounts from the fees and civil penalties collected under section 212(a)(5)(A)(v). (2) Use of fees Of the amounts deposited into the H–2B Employment Certification Application Fee Account under this subsection in each fiscal year, the Secretary of Labor shall use such amounts as the Secretary of Labor determines are necessary for the costs of Federal administration, including personnel, in carrying out labor certification activities under section 212(a)(5)(A), and to assist the States, as appropriate, in the determination of prevailing wages for purposes of carrying out such section. (3) Availability of funds The fees deposited into the H–2B Employment Certification Application Fee Account under this subsection shall remain available until expended for the activities described in paragraph (2). . (c) Program Integrity Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ), as amended by subsection (a), is further amended by adding at the end the following: (vi) Program integrity regulations The Secretary of Labor may prescribe such regulations as may be necessary to ensure the integrity of the labor certification process carried out under this subparagraph. Such regulations may include standards and procedures under which employers and their representatives are excluded from participation in the labor certification process under this subparagraph. . 4 Adjustments to the EB–5 visa program 591. Permanent reauthorization of EB–5 regional center program; application fee (a) In general Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 note) is amended— (1) by striking pilot each place it appears; (2) in subsection (b), by striking for 15 years ; and (3) by adding at the end the following: (e) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fee of $2,500 to apply for designation as a regional center under this section. Fees collected under this subsection shall be deposited in the Treasury in accordance with section 286(y) of the Immigration and Nationality Act ( 8 U.S.C. 1356(y) ). . (b) Establishment of account; use of fees Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (y) Immigrant entrepreneur regional center account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the Immigrant Entrepreneur Regional Center Account . Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 note) and any fees collected in connection with forms I–526 or I–829. (2) Use of fees Fees collected under this section may only be used by the Secretary of Homeland Security to administer and operate the employment creation program described in section 203(b)(5). . (c) Rulemaking Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations to implement the amendments made by this section. (d) Effective date The amendments made by subsections (a)(3) and (b) shall take effect on the effective date of the regulations prescribed pursuant to subsection (c). The remaining amendments made by this section shall take effect on the date of the enactment of this Act. 592. Premium processing fee for EB–5 immigrant investors Section 286(u) of the Immigration and Nationality Act ( 8 U.S.C. 1356(u) ) is amended by adding at the end the following: In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5), if the petitioner desires a guarantee of a decision on the petition in 60 days or less, the premium fee under this subsection shall be set at $2,500 and shall be deposited as offsetting receipts in the Immigrant Entrepreneur Regional Center Account established under subsection (y). . 593. Concurrent filing of EB–5 petitions and applications for adjustment of status Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by adding at the end the following: (n) If, at the time a petition is filed for classification through a regional center under section 203(b)(5), approval of the petition would make a visa immediately available to the alien beneficiary, the alien beneficiary’s adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. . 594. Improved set-aside for targeted employment areas Section 203(b)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(B) ) is amended as follows: (1) Targeted employment area defined Clause (ii) is amended to read as follows: (ii) Targeted employment area defined In this paragraph, the term targeted employment area means, at the time a petition for classification under this paragraph is filed, any of the following: (I) A rural area. (II) An area that has experienced high unemployment (of at least 150 percent of the national average rate). (III) A county that has had a 20 percent or more decrease in population since 1970. (IV) An area that is within the boundaries established for purposes of a State or Federal economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities and Empowerment Zones. (V) An area designated by a State agency to which the Governor has delegated the authority to designate targeted employment areas within the State. . (2) Rural area defined Clause (iii) is amended by striking other than an area within a metropolitan statistical area or . (3) Effect of prior determination Such section is amended by adding at the end the following: (iv) Effect of prior determination In a case in which a geographic area is determined under clause (ii) to be a targeted employment area, such determination shall remain in effect during the 2-year period beginning on the date of the determination for purposes of any alien seeking a visa reserved under this subparagraph. . 595. Set-aside of visas for regional center program Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 note) is amended by striking 3,000 and inserting 10,000 . 596. Extension Subparagraph (A) of section 216A(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(d)(2)(A) ) is amended by adding at the end the following: A date specified by the applicant (but not later than the fourth anniversary) shall be substituted for the second anniversary in applying the preceding sentence if the applicant demonstrates that the applicant has attempted to follow his business model in good faith, provides an explanation for the delay in filing the petition that is based on circumstances outside of the applicant’s control, and demonstrates that such circumstances will be able to be resolved within the specified period. . 597. Study (a) In general The Secretary of the Department of Homeland Security, in appropriate consultation with the Secretary of Commerce and other interested parties, shall conduct a study concerning the following: (1) Current job creation counting methodology and initial projections under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ). (2) How best to promote the employment creation program described in such section overseas to potential immigrant investors. (b) Report The Secretary of Homeland Security shall submit a report to the Congress not later than 1 year after the date of the enactment of this Act containing the results of the study conducted under subsection (a). 598. Full-time equivalents (a) In general Section 203(b)(5)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A)(ii) ) is amended by inserting (or full-time equivalent) after full-time . (b) Definition Section 203(b)(5)(D) of such Act ( 8 U.S.C. 1153(b)(5)(D) ) is amended to read as follows: (D) Employment-related definitions (i) Full-time employment defined In this paragraph, the term full-time employment means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. (ii) Full-time equivalent employment defined In this paragraph, the term full-time equivalent employment means employment representing the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. This shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees. . 599. Eligibility for adjustment of status Section 245(k) of the Immigration and Nationality Act ( 8 U.S.C. 1255(k) ) is amended, in the matter preceding paragraph (1), by striking (1), (2), or (3) and inserting (1), (2), (3), or (5) . 599A. Expansion of EB–5 eligibility to include qualified immigrants who complete investment agreements (a) Changes to investment criteria Section 203(b)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A) ) is amended— (1) in the matter preceding clause (i), by striking partnership)— and inserting partnership) as follows: ; (2) in clause (i)— (A) by striking (i) in which and inserting the following: (i) A new commercial enterprise— (I) in which ; (B) by striking , and at the end and inserting a semicolon; and (C) by adding at the end the following: (II) with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in the enterprise of an amount not less than the amount specified in subparagraph (C); or (III) with respect to which such alien has completed an investment agreement with 1 or more angel investors for an investment in the enterprise of an amount not less than the amount specified in subparagraph (C). ; and (3) in clause (ii)— (A) by striking (ii) which will and inserting the following: (ii) In the case of an enterprise— (I) described in clause (i)(I), which will ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (II) described in subparagraph (II) or (III) of clause (i), which will benefit the United States economy and create full-time employment for not fewer than 5 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters). . (b) Changes to capital requirements Section 203(b)(5)(C)(i) of such Act ( 8 U.S.C. 1153(b)(5)(C)(i) ) is amended by inserting after $1,000,000 the following: in the case of an enterprise described in subparagraph (A)(i)(I), $500,000 in the case of an enterprise described in subparagraph (A)(i)(II), and $500,000 in the case of an enterprise described in subparagraph (A)(i)(III) . (c) Definitions Section 203(b)(5) of such Act ( 8 U.S.C. 1153(b)(5) ) is amended by adding at the end the following: (E) Qualified venture capital operating company defined In this paragraph, the term qualified venture capital operating company means an entity that— (i) is registered under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ); or (ii) is an investment company, as defined in subsection (a)(1) of section 3 of such Act ( 15 U.S.C. 80a–3 ), that is exempt from registration under subsection (c)(1) or (c)(7) of such section, is not registered, and— (I) is organized or incorporated, and domiciled, in the United States, and the majority ownership of which is composed of United States citizens or aliens lawfully admitted to the United States for permanent residence; or (II) is owned or controlled by an entity that is organized or incorporated, and domiciled, in the United States, and the majority ownership of that entity is composed of United States citizens or aliens lawfully admitted to the United States for permanent residence. (F) Angel investor defined In this paragraph, the term angel investor means— (i) any individual who is a United States citizen or an alien lawfully admitted to the United States for permanent residence, or any entity wholly owned and controlled by United States citizens or aliens lawfully admitted to the United States for permanent residence; or (ii) any entity that has made at least 5 angel investments totaling at least $500,000 during the 3 years preceding the completion of an investment agreement described in subparagraph (A)(i)(III). (G) Angel investment In this paragraph, the term angel investment means an investment made in a commercial enterprise that, prior to such investment, was not owned or controlled by— (i) the investor; (ii) any member of the immediate family of the investor; or (iii) any entity owned or controlled by any member of the immediate family of the investor. . (d) Conforming amendments to conditional permanent status provisions (1) Termination of status if finding that qualifying entrepreneurship improper Section 216A(b)(1)(B) of such Act ( 8 U.S.C. 1186b(b)(1)(B) ) is amended to read as follows: (B) (i) the alien— (I) did not invest, or was not actively in the process of investing, the requisite capital described in section 203(b)(5)(A)(i)(I), or was not sustaining such actions throughout the period of the alien’s residence in the United States; or (II) did not complete an investment agreement described in subclause (II) or (III) of section 203(b)(5)(A)(i), or such agreement was not carried out or was not actively in the process of being carried out; or (ii) the commercial enterprise did not— (I) create the minimum number of jobs required to be created under section 203(b)(5)(A)(ii); or (II) generate a profit and at least $1,000,000 in revenue; or . (2) Contents of petition Section 216A(d)(1) of such Act ( 8 U.S.C. 1186b(d)(1) ) is amended— (A) in the matter preceding subparagraph (A), by striking that the alien— and inserting that— ; (B) by amending subparagraph (A) to read as follows: (A) (i) the alien— (I) invested, or was actively in the process of investing, the requisite capital described in section 203(b)(5)(A)(i)(I), and sustained such actions throughout the period of the alien’s residence in the United States; or (II) completed an investment agreement described in subclause (II) or (III) of section 203(b)(5)(A)(i), and such agreement was carried out or was actively in the process of being carried out; and (ii) the commercial enterprise— (I) created the minimum number of jobs required to be created under section 203(b)(5)(A)(ii); or (II) generated a profit and at least $1,000,000 in revenue; and ; and (C) in subparagraph (B), by inserting the alien before is otherwise . 5 Effective date 599B. Application Except as specifically otherwise provided, the amendments made by this title shall apply to applications filed on or after the date of the enactment of this Act. VI Integration of New Americans A Citizenship Promotion 601. Immigration service fees (a) In General Subsection (m) of section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ) is amended to read as follows: (m) Immigration Service Fees (1) In general Except as provided in paragraph (2) and notwithstanding any other provision of law, all adjudication fees as are designated by the Secretary of Homeland Security in regulations shall be deposited as offsetting receipts into a separate account entitled Immigration Examinations Fee Account in the Treasury of the United States, whether collected directly by the Secretary or through clerks of courts. (2) Virgin islands and guam All fees received by the Secretary of Homeland Security from applicants residing in the Virgin Islands of the United States, or in Guam, under this subsection shall be paid over to the treasury of the Virgin Islands or to the treasury of Guam, respectively. (3) Fees for immigration services (A) In general Subject to subparagraph (B), the Secretary of Homeland Security may set fees for providing immigration services at a level that will— (i) ensure recovery of the full costs of providing such services, or a portion thereof, including the costs of similar services provided without charge to asylum applicants or other immigrants; and (ii) recover the full cost of administering the collection of fees under this paragraph, or a portion thereof. (B) Report requirement The Secretary of Homeland Security may not increase any fee under this paragraph above the level of such fee on the day before the date of the introduction of the Citizenship Promotion Act of 2009, until— (i) the Secretary submits to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that— (I) identifies the direct and overhead costs associated with providing immigration services, and distinguishes such costs from immigration enforcement and national security costs; (II) identifies the costs allocable to providing the premium processing services to business customers prescribed by section 286(u) of this Act; describes the extent to which the fee prescribed in that section is set at a level that ensures recovery of those costs; and identifies the amount of funding that is being allocated for the infrastructure improvements in the adjudications and customer-service processes as prescribed by that section; and (III) contains information regarding the amount the fee will be increased; and (ii) a period of 45 days has expired beginning on the date that the report in clause (i) is received by the committees described in such clause. (4) Waivers of fees for immigration services (A) Except as otherwise provided in this paragraph, any of the fees for immigration services described in paragraph (3)(A) of this section may be waived by the Department of Homeland Security in any case under its jurisdiction in which the alien or other party affected is able to substantiate that he or she is unable to pay the prescribed fee. The person seeking a fee waiver must file his or her affidavit, or unsworn declaration made pursuant to section 1746 of title 28, United States Code, asking for permission to prosecute without payment of fee of the application, petition, appeal, motion, or request, and stating his or her belief that he or she is entitled to or deserving of the benefit requested and the reasons for his or her inability to pay. The officer of the Department of Homeland Security having jurisdiction to render a decision on the application, petition, appeal, motion, or request may, in his or her discretion, grant the waiver of fee. The payment of the additional sum prescribed by section 245(i) of the Act when applying for adjustment of status under section 245 of the Act may not be waived. The fee for the employment-based petitions and applications prescribed by section 286(u) of the Act may not be waived. (B) The Secretary of Homeland Security shall prescribe by regulations the criteria that applicants must meet for the approval of the waivers of fees in subparagraph (A), and the documentation that applicants must submit to substantiate that they meet such criteria. The regulations shall include a form for the affidavit or declaration described in subparagraph (A) that must be completed by applicants for the waivers of fees. An applicant shall be deemed to have substantiated that he or she is unable to pay the prescribed fee if— (i) the individual has demonstrated that within 180 days of the receipt of the application, he or she qualified for or received any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds has determined to be a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104–193 ; or (ii) the individual has demonstrated that his or her annual household income is at or below 125 percent of the poverty level, as indicated in the most recent Federal poverty guidelines set by the Secretary of Health and Human Services. . (b) Sense of Congress It is the sense of Congress that— (1) the Secretary of Homeland Security should set fees under section 286(m)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m)(3) ), as amended by subsection (a) of this section, at a level that ensures recovery of only the direct costs associated with the services described in such section 286(m)(3); and (2) Congress should appropriate to the Secretary of Homeland Security such funds as may be necessary to cover the indirect costs associated with the services described in such section 286(m)(3). (c) Technical Amendment Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended— (1) in subsections (d), (e), (f), (h), (i), (j), (k), (l), (n), (o), (q), (t), and (u), by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; (2) in subsection (i) of such section, by striking Attorney General’s and inserting Secretary’s ; and (3) in subsection (r)— (A) in paragraph (2), by striking Department of Justice and inserting Department of Homeland Security ; and (B) in paragraphs (3) and (4), by striking Attorney General each place it appears and inserting Secretary of Homeland Security . (d) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. 602. Administration of tests for naturalization; fulfillment by elderly persons of requirement for naturalization relating to knowledge of English language (a) In general Subsection (a) of section 312 of the Immigration and Nationality Act ( 8 U.S.C. 1423 ) is amended to read as follows: (a) Naturalization Test (1) Requirements Except as otherwise provided in this title, a person may not be naturalized as a citizen of the United States upon the application of such person if such person cannot demonstrate the following: (A) An understanding of the English language, including an ability to read, write, and speak words in the ordinary usage in the English language. (B) A knowledge and understanding of— (i) the fundamentals of the history of the United States; and (ii) the principles and form of government of the United States. (2) Testing (A) Uniformity of test administration The Secretary of Homeland Security, in administering any test that the Secretary uses to determine whether an applicant for naturalization as a citizen of the United States has the proficiency and knowledge sufficient to meet the requirements of paragraph (1), shall administer such test uniformly throughout the United States, including the application of the criteria set forth in subparagraph (B). (B) Consideration In selecting and phrasing items in the administration of a test described in subparagraph (A) and in evaluating the performance of an applicant on such test, the Secretary shall consider the following: (i) The age of the applicant. (ii) The education level of the applicant. (iii) The amount of time the applicant has resided in the United States. (iv) The efforts made by the applicant, and the opportunities available to the applicant, to acquire the knowledge and proficiencies required by paragraph (1). (v) Such other factors as the Secretary considers appropriate. (C) English language testing The requirement in paragraph (1)(A) shall be satisfactorily met if an applicant can— (i) speak words in ordinary usage in the English language; and (ii) read or write simple words and phrases in ordinary usage in the English language. (D) Prohibition on extraordinary and unreasonable conditions The Secretary may not impose any extraordinary or unreasonable condition on any applicant seeking to meet the requirements of paragraph (1). . (b) Promoting citizenship among the elderly Subsection (b) of such section is amended— (1) in paragraph (1), by striking subsection (a) and inserting subsection (a)(1) ; (2) by amending paragraph (2) to read as follows: (2) The requirement of subsection (a)(1)(A) shall not apply to any person who, on the date of the filing of the person’s application for naturalization as provided in section 334— (A) is over 50 years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, (B) is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence; or (C) is over 60 years of age and has been living in the United States for periods totaling at least 5 years subsequent to a lawful admission for permanent residence. . 603. Voluntary electronic filing of applications The Secretary of Homeland Security may not require that an applicant or petitioner for permanent residence or citizenship of the United States use an electronic method to file any application to, or access a customer account. 604. Timely background checks (a) Study (1) In general The Comptroller General of the United States shall conduct a study on the process used by the Department of Justice or the Department of Homeland Security on the day before the date of the enactment of this Act to conduct a background check on an applicant for citizenship of the United States. (2) Report Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Comptroller General of the United States shall report to Congress on the findings of the study required by paragraph (1). (3) Contents of report The report required by paragraph (2) shall include the following information with respect to the calendar year preceding the date on which the report is filed: (A) The number of background checks conducted by the Department of Justice or the Department of Homeland Security on applicants for citizenship of the United States. (B) The types of such background checks conducted. (C) The average time spent on each such type of background check. (D) A description of the obstacles that impede the timely completion of such background checks. (4) Examination of name check conducted by the department of justice The first report required by paragraph (2) shall also include an examination of the name check conducted by the Department of Justice to assess the extent to which the name check provides information relating to the eligibility of applicants for citizenship of the United States that is not otherwise provided by other background checks conducted by the Department of Justice or the Department of Homeland Security. (b) Timely Completion of Background Checks (1) Attorney general background checks With respect to a request submitted to the Attorney General by the Secretary of Homeland Security for a background check on an applicant for temporary or permanent residence or citizenship of the United States, the Attorney General shall make a reasonable effort to complete a background check on such applicant not later than 90 days after the Attorney General receives such request from the Secretary of Homeland Security. (2) Department of homeland security background checks With respect to background checks on an applicant for temporary or permanent residence or citizenship of the United States, the Secretary of Homeland Security shall make a reasonable effort to complete the background check on such applicant not later than 90 days after the date the application is received by the Department of Homeland Security. (3) Delays on attorney general background checks If a background check described in paragraph (1) is not completed by the Attorney General before the date that is 91 days after the date that the Attorney General receives a request described in paragraph (1)— (A) the Attorney General shall document the reason why such background check was not completed before such date; and (B) if such background check is not completed before the date that is 181 days after the date of such receipt, then the Attorney General shall, not later than 210 days after the date of such receipt, submit to the appropriate congressional committees and the Secretary of Homeland Security a report that describes— (i) the reason that such background check was not completed within 180 days; and (ii) the earliest date on which the Attorney General is certain the background check will be completed. (4) Delays on department of homeland security background checks If a background check described in paragraph (2) is not completed by the Secretary of Homeland Security before the date that is 91 days after the date that the Department of Homeland Security receives the application described in paragraph (2)— (A) the Secretary of Homeland Security shall document the reason why such background check was not completed before such date; and (B) if such background check is not completed before the date that is 181 days after the date of such receipt, then the Secretary of Homeland Security shall, not later than 210 days after the date of such receipt, submit to the appropriate congressional committees a report that describes— (i) the reason that such background check was not completed within 180 days; and (ii) the earliest date on which the Secretary of Homeland Security is certain the background check will be completed. (5) Annual report on delayed attorney general background checks Not later than the end of each fiscal year, the Attorney General shall submit to the appropriate congressional committees a report containing, with respect to that fiscal year— (A) the number of background checks described in subparagraph (B) of paragraph (3); (B) the time taken to complete each such background check; (C) a statistical analysis of the causes of the delays in completing such background checks; and (D) a description of the efforts being made by the Attorney General to address each such cause. (6) Notification to Applicant If, with respect to a background check on an applicant described in paragraph (2), the Secretary of Homeland Security is required to furnish a report under paragraph (3)(B), then the Secretary shall provide to such applicant a copy of such report, redacted to remove any classified information contained therein. (7) Annual report on delayed homeland security background checks Not later than the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report containing, with respect to that fiscal year— (A) the number of background checks described in subparagraph (B) of paragraph (4); (B) the time taken to complete each such background check; (C) a statistical analysis of the causes of the delays in completing such background checks; and (D) a description of the efforts being made by the Secretary of Homeland Security to address each such cause. (8) Notification to Applicant If, with respect to a background check on an applicant described in paragraph (2), the Secretary of Homeland Security is required to furnish a report to the appropriate congressional committees under subsection (b)(4)(B), then the Secretary shall provide to such applicant a copy of such report, redacted to remove any classified information contained therein. (9) Appropriate congressional committees In this subsection, the term appropriate congressional committees means the following: (A) The Committee on the Judiciary of the Senate. (B) The Committee on Homeland Security and Governmental Affairs of the Senate. (C) The Committee on the Judiciary of the House of Representatives. (D) The Committee on Homeland Security of the House of Representatives. (10) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. 605. National citizenship promotion program (a) Establishment (1) In general Not later than 6 months following the date of enactment of this Act, the Secretary of Homeland Security shall establish a program to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States. (2) Designation The program required by paragraph (1) shall be known as the New Americans Initiative (in this section referred to as the Program ). (b) Program Activities As part of the Program required by subsection (a), the Secretary of Homeland Security shall— (1) award grants in accordance with subsection (c); and (2) carry out outreach activities in accordance with subsection (d). (c) Grants To Support Naturalization Efforts (1) In general The Secretary of Homeland Security shall award grants to eligible entities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States. (2) Eligible entity defined In this subsection, the term eligible entity means a not-for-profit organization that has experience working with immigrant communities. (3) Use of funds Grants awarded under this subsection shall be used for activities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States, including— (A) conducting English language and citizenship classes for such aliens; (B) providing legal assistance, by attorneys or entities recognized by the Board of Immigration Appeals, to such aliens to assist such aliens in becoming citizens of the United States; (C) carrying out outreach activities and providing education to immigrant communities to assist such aliens in becoming citizens of the United States; and (D) assisting such aliens with applications to become citizens of the United States, as allowed by Federal and State law. (4) Application for grant (A) In general Each eligible entity seeking a grant under this subsection shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary shall require. (B) Contents Each application submitted pursuant to subparagraph (A) shall include a description of— (i) the activities for which a grant under this section is sought; (ii) the manner in which the entity plans to leverage available private and State and local government resources to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States; (iii) the experience of the entity in carrying out the activities for which a grant under this section is sought, including the number of aliens and geographic regions served by such entity; and (iv) the manner in which the entity plans to employ best practices developed by adult educators, State and local governments, and community organizations— (I) to promote citizenship and civic participation by such aliens; and (II) to provide assistance to such aliens with the process of becoming citizens of the United States. (d) Outreach The Secretary of Homeland Security shall— (1) develop outreach materials targeted to aliens who have been lawfully admitted for permanent residence to encourage such aliens to apply to become citizens of the United States; and (2) make such outreach materials available through— (A) public service announcements; (B) advertisements; and (C) such other media as the Secretary determines is appropriate. (e) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. 606. Effective date The amendments made by this title shall take effect on the date of the enactment of this Act and shall apply to applications for naturalization pending on or after such date. B Miscellaneous 611. Grants to support public education and community training (a) Grants Authorized The Assistant Attorney General, Office of Justice Programs, may award grants to qualified nonprofit community organizations to educate, train, and support non-profit agencies, immigrant communities, and other interested entities regarding the provisions of this Act and the amendments made by this Act. (b) Use of Funds (1) In general Grants awarded under this section shall be used— (A) for public education, training, technical assistance, government liaison, and all related costs (including personnel and equipment) incurred by the grantee in providing services related to this Act; and (B) to educate, train, and support nonprofit organizations, immigrant communities, and other interested parties regarding this Act and the amendments made by this Act and on matters related to its implementation. (2) Education In addition to the purposes described in paragraph (1), grants awarded under this section shall be used to— (A) educate immigrant communities and other interested entities regarding— (i) the individuals and organizations that can provide authorized legal representation in immigration matters under regulations prescribed by the Secretary; and (ii) the dangers of securing legal advice and assistance from those who are not authorized to provide legal representation in immigration matters; (B) educate interested entities regarding the requirements for obtaining nonprofit recognition and accreditation to represent immigrants under regulations prescribed by the Secretary; (C) provide nonprofit agencies with training and technical assistance on the recognition and accreditation process; and (D) educate nonprofit community organizations, immigrant communities, and other interested entities regarding— (i) the process for obtaining benefits under this Act or under an amendment made by this Act; and (ii) the availability of authorized legal representation for low-income persons who may qualify for benefits under this Act or under an amendment made by this Act. (c) Diversity The Assistant Attorney General shall ensure, to the extent possible, that the nonprofit community organizations receiving grants under this section serve geographically diverse locations and ethnically diverse populations who may qualify for benefits under the Act. (d) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. 612. Grant program to assist applicants for naturalization (a) Purpose The purpose of this section is to establish a grant program within United States Citizenship and Immigration Services that provides funding to community-based organizations, including community-based legal service organizations, as appropriate, to develop and implement programs to assist eligible applicants for naturalization. (b) Definitions In this section: (1) Community-based organization The term community-based organization means a nonprofit, tax-exempt organization, including a faith-based organization, whose staff has experience and expertise in meeting the legal, social, educational, cultural educational, or cultural needs of immigrants, refugees, persons granted asylum, or persons applying for such statuses. (2) IEACA grant The term IEACA grant means an Initial Entry, Adjustment, and Citizenship Assistance Grant authorized under subsection (c). (c) Establishment of Initial Entry, Adjustment, and Citizenship Assistance Grant Program (1) Grants authorized The Secretary, working through the Director of United States Citizenship and Immigration Services, may award IEACA grants to community-based organizations. (2) Use of funds Grants awarded under this section may be used for the design and implementation of programs to provide the following services: (A) Initial Application Assistance and instruction, including legal assistance, to aliens making initial application for conditional nonimmigrant or conditional nonimmigrant dependent classification under section 401. Such assistance may include assisting applicants in— (i) screening to assess prospective applicants’ potential eligibility for participating in such program; (ii) filling out applications for such program; (iii) gathering proof of identification, employment, residence, and tax payment; (iv) gathering proof of relationships of eligible family members; (v) applying for any waivers for which applicants and qualifying family members may be eligible; and (vi) any other assistance that the Secretary or grantee considers useful to aliens who are interested in filing applications for treatment under section 401. (B) Adjustment of status Assistance and instruction, including legal assistance, to aliens seeking to adjust their status in accordance with section 402 of this Act or section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ). (C) Citizenship Assistance and instruction to applicants on— (i) the rights and responsibilities of United States citizenship; (ii) English as a second language; (iii) civics; or (iv) applying for United States citizenship. (3) Duration and renewal (A) Duration Subject to subparagraph (B), each grant awarded under this section shall be awarded for a period of not more than 3 years. (B) Renewal The Secretary may renew any grant awarded under this section in 1-year increments. (4) Application for grants Each entity desiring an IEACA grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (5) Eligible organizations A community-based organization applying for a grant under this section to provide services described in subparagraph (A), (B), or (C)(iv) of paragraph (2) may not receive such a grant unless the organization is— (A) recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; or (B) otherwise directed by an attorney. (6) Selection of grantees Grants awarded under this section shall be awarded on a competitive basis. (7) Geographic distribution of grants The Secretary shall approve applications under this section in a manner that ensures, to the greatest extent practicable, that— (A) not less than 50 percent of the funding for grants under this section are awarded to programs located in the 10 States with the highest percentage of residents who were born in foreign countries; and (B) not less than 20 percent of the funding for grants under this section are awarded to programs located in States that are not described in subparagraph (A). (8) Ethnic diversity The Secretary shall ensure that community-based organizations receiving grants under this section provide services to an ethnically diverse population, to the greatest extent possible. (d) Liaison between USCIS and grantees The Secretary shall establish a liaison between United States Citizenship and Immigration Services and the community of providers of services under this section to assure quality control, efficiency, and greater client willingness to come forward. (e) Reports to Congress Not later than 180 days after the date of enactment of this Act, and July 1 of each subsequent year, the Secretary shall submit a report to Congress that includes information regarding— (1) the status of the implementation of this section; (2) the grants issued pursuant to this section; and (3) the activities carried out with such grants. (f) Source of grant funds (1) Application fees The Secretary may use funds made available under section 401(g)(2)(A) of this Act and section 218A(b)(3) of the Immigration and Nationality Act, as added by this Act, to carry out this section. (2) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. (g) Distribution of conditional nonimmigrant visa fees and fines Notwithstanding section 401(g)(2)(B), 2 percent of the fees and fines collected under section 401 shall be made available for grants under the Initial Entry, Adjustment, and Citizenship Assistance Grant Program established under this section. 613. Naturalization for certain U.S. high school graduates (a) In general Title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) is amended by inserting after section 320 the following: 321. Citizenship for certain U.S. high school graduates (a) Requirements Deemed Satisfied In the case of an alien described in subsection (b), the alien shall be deemed to have satisfied the requirements of section 312(a). (b) Aliens Described An alien is described in this subsection if the alien is under 25 years of age on the date on which the alien submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The alien completed grades 6 through 12 in the United States and was graduated with a high school diploma. (B) The alien completed a curriculum that reflects knowledge of United States history, Government, and civics. (2) A copy of the alien’s high school diploma. (c) Reduced Fee The Secretary of Homeland Security shall reduce the naturalization application fee for an alien described in subsection (b) by 50 percent. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 320 the following: Sec. 321. Citizenship for certain U.S. high school graduates. . (c) Applicability The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applicants for naturalization who apply for naturalization on or after such date. (d) Regulations The Secretary of Homeland Security shall promulgate regulations to carry out this section and the amendments made by this section not later than 180 days after the date of the enactment of this Act. 614. Family integration Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended by striking in subsection (b)(2)(A)(i) the number 21 and inserting the number 18 . 615. Consideration for domestic resettlement of refugees Section 412 is amended as follows: (1) In subsection (a)(2)(C)(i) strike insure and insert ensure . (2) At the end, add the following: (V) the geography, climate and environmental composition of the proposed resettlement area compared with that of the geography, climate and environmental composition of their country of origin. . 616. Credits for teachers of English language learners (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Teachers of English language learners (a) In General In the case of an eligible teacher, there shall be allowed a credit against the tax imposed by this chapter for the taxable year an amount equal to— (1) $1,500, for each of the first 5 taxable years for which the taxpayer is allowed a credit under this section; and (2) $1,000, for any other taxable year. (b) Credit Allowed Only for 10 Taxable Years No credit shall be allowed under this section with respect to a taxpayer for any taxable year after the 10th taxable year for which such taxpayer is allowed a credit under this section. (c) Eligible Teacher For purposes of this section— (1) In general Except as provided in paragraph (2), the term eligible teacher means, with respect to a taxable year, any individual who is— (A) a full-time teacher of English as a second language or bilingual instruction for the academic year ending in such taxable year, or (B) an eligible part-time teacher of English as a second language or bilingual instruction for the academic year ending in such taxable year. (2) Eligible part-time teacher The term eligible part-time teacher means, with respect to a taxable year, an individual who teaches at least 20 hours per week during the academic year ending in such taxable year. Such term does not include any individual who is a full-time teacher of English as a second language during such academic year. (3) Special rule In the case of an eligible part-time teacher, subsection (a) shall be applied by substituting $375 for $750 and by substituting $250 for $500 . . (b) Clerical amendment The table of sections for such subpart is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Teachers of English language learners. . (c) Teacher certification expenses Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Certification expenses for teachers of English language learners (a) In General In the case of an individual, there shall be allowed a deduction for eligible teacher certification expenses paid or incurred by the taxpayer for the taxable year. (b) Eligible Teacher Certification Expenses The term eligible teacher certification expenses — (1) means the tuition and fees required for the enrollment or attendance of the taxpayer at an eligible educational institution (as defined in section 25A) for a course which is required for certification or licensure of such individual as qualified to provide English as a second language or bilingual instruction to elementary or secondary school students who are limited English proficient (as defined in section 9901 of the Elementary and Secondary Education Act of 1965); and (2) shall not include any amounts that are— (A) used for a course that is part of the individual’s degree program; or (B) funded by another person or any governmental entity. (c) Denial of Double Benefit No deduction shall be allowed under this section for any expense for which a deduction or credit is allowed under any other provision of this chapter. (d) Termination This section shall not apply to expenses paid or incurred after December 31, 2018. . (d) Certification deduction allowed whether or not taxpayer itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Teacher certification expenses The deduction allowed by section 224. . (e) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new item: Sec. 224. Certification expenses for teachers of English language learners. . (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall promulgate regulations implementing the provisions of this section. (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 617. Credits for employer-provided adult English literacy and basic education programs (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: 45R. Employer-provided adult English literacy and basic education programs (a) In General For the purposes of section 38, the credit determined under this section with respect to any employer for the taxable year is an amount equal to 20 percent of qualified education program expenses, but in no case shall the employer receive a credit in an amount of more than $1,000 per full-time employee participating in the qualified education program. (b) Qualified Education Program Expenses For purposes of this section— (1) In general The term qualified education program expenses means expenses paid or incurred by an employer to make available qualified education to employees of the employer, who— (A) are English language learners; and (B) (i) have not received a secondary school diploma, or its recognized equivalent; or (ii) lack sufficient mastery of basic educational skills, including financial literacy, to enable the individuals to function effectively in society. (2) Qualified education The term qualified education means adult education and literacy activities provided— (A) by an eligible provider which for the fiscal year ending during the employer’s taxable year receives or is eligible to receive Federal funds under section 231 of the Adult Education and Family Literacy Act for adult education and literacy activities; or (B) in curriculum approved by the Department of Education, the Employment and Training Administration of the Department of Labor, or in current use by a Federal agency. (3) Eligible provider; adult education and literacy activities The terms eligible provider and adult education and literacy activities shall have the respective meanings given to such terms in section 203 of the Adult Education and Family Literacy Act. (4) English language learner The term English language learner shall have the same meaning given to such term in section 9101(25) of the Elementary and Secondary Education Act of 1965. (c) Special Rules For purposes of this section— (1) Full-time employment An employee shall be considered full-time if such employee is employed at least 30 hours per week for 25 or more calendar weeks in the taxable year. (2) Aggregation rule All persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as 1 person. (d) Denial of Double Benefit No deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section. (e) Termination This section shall not apply to expenses paid or incurred after December 31, 2018. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code (relating to the current year business credit) is amended— (1) by striking plus at the end of paragraph (34); (2) by striking the period at the end of paragraph (35) and inserting , plus ; and (3) by adding at the end the following new paragraph: (36) the adult English literacy and basic education programs credit determined under section 45R. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the such Code is amended by adding at the end the following new item: Sec. 45R. Employer-provided adult English literacy and basic education programs. . (d) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall promulgate regulations implementing the provisions of this section. (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 618. Grants to States to form New American Councils (a) Authority To provide grants Subject to subsections (c) and (d), the Chief of the Office of Citizenship and Immigrant Integration is authorized to provide competitive grants to States to form State New American Councils as described in subsection (b) to carry out activities described in section 303. (b) State New American Councils A State New American Council shall consist of not less than 15 and not more than 19 individuals from the State and shall include, to the extent practicable, representatives from the following sectors: (1) Business. (2) Faith-based organizations. (3) Civic organizations. (4) Philanthropic leaders. (5) Nonprofit organizations, including those with experience working with immigrant communities. (6) Representatives from key education stakeholders, such as State educational agencies, local educational agencies, community colleges, teachers, or organizations representing teachers and other employees. (7) Representatives of State adult education offices. (8) Representatives of State or local public libraries. (9) Representatives of statewide or local government officials. (c) Waiver of requirement (1) Authority to Grant The Chief of the Office of Citizenship and Immigrant Integration may award a grant under subsection (a) to a State without requiring the State to form a State New American Council if the Chief determines that the State is carrying out similar statewide initiatives to introduce immigrants into the State and into the United States. (2) Guidelines The Chief shall establish guidelines for awarding grants to States described in paragraph (1). (d) Grants to local governments The Chief of the Office of Citizenship and Immigrant Integration may provide a grant under subsection (a) to a local government at the discretion of the Chief. (e) Application To be eligible to receive a grant under this section, an applicant shall submit an application to the Chief of the Office of Citizenship and Immigrant Integration at such time, in such manner, and containing such information as the Chief may reasonably require. Such application shall include— (1) if the applicant is a State seeking to form a State New American Council, an assurance that such State New American Council will meet the requirements of subsection (b); (2) the number of immigrants in the State in which the applicant is located; (3) a description of the challenges in introducing new Americans in the State and local community; and (4) any other information that the Chief may reasonably require. (f) Duration A grant awarded under subsection (a) shall be for a period of 5 years. (g) Priority Priority shall be given to grant applications that— (1) use matching funds, from non-Federal sources, which may include in-kind contributions; and (2) demonstrate collaboration with private entities to achieve the goals of their comprehensive plan. (h) Additional consideration Additional consideration shall be given to grant applications submitted by States with a large increase in the population of immigrants over the previous 10 years relative to past migration patterns, based on data compiled by the Office of Immigration Statistics of the Department of Homeland Security. (i) Grant amount The amount of a grant awarded under subsection (a) shall be not less than $500,000 and not more than $5,000,000 for each fiscal year. (j) Reservations (1) National The Chief of the Office of Citizenship and Immigrant Integration shall reserve not more than 1 percent of the amount appropriated to carry out this section for such Office, including the evaluation of funds distributed. (2) States A State awarded a grant under subsection (a) may reserve not more than 10 percent of such grant amount for the creation and operation of the State New American Council. (k) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. 619. Independence Day ceremonies for oaths of allegiance (a) In general The Secretary of Homeland Security shall make available funds each fiscal year to the Director of U.S. Citizenship and Immigration Services or to public or private nonprofit entities to support public ceremonies for administering oaths of allegiance under section 337(a) of the Immigration and Nationality Act ( 8 U.S.C. 1448(a) ) to legal immigrants whose applications for naturalization have been approved. (b) Ceremonies A ceremony conducted with funds under this section— (1) shall be held on a date that is on or near Independence Day; and (2) shall include appropriate outreach, ceremonial, and celebratory activities. (c) Selection of sites (1) In general The Secretary of Homeland Security shall select the site for each ceremony conducted with funds under this section. (2) Selection process In selecting a site under paragraph (1), the Secretary of Homeland Security should consider— (A) the number of naturalization applicants living in proximity to the site; and (B) the degree of participation in and support for the ceremony by the local community at the site. (d) Amounts available; use of funds (1) Amounts available Amounts made available under this section for each ceremony shall not exceed $5,000. (2) Use of funds Funds made available under this section may be used only for the following: (A) Costs of personnel of the Department of Homeland Security and the Federal judiciary (including travel and overtime expenses). (B) Site rental, including audio equipment rental. (C) Logistical requirements, including sanitation. (D) Costs for printing brochures about the naturalization participants and the naturalization process. (3) Funding Fees and fines deposited in the Security and Prosperity Account under section 286(w)(3)(B) of the Immigration and Nationality Act may be used to carry out this section. (e) Application No amount may be made available under this section to an entity that is not part of the Department of Homeland Security, for supporting a ceremony described in subsection (b), unless— (1) the entity submits an application to the Secretary of Homeland Security, in a form and manner specified by the Secretary of Homeland Security; and (2) the Secretary of Homeland Security approves the application.

https://www.govinfo.gov/content/pkg/BILLS-113hr3163ih/xml/BILLS-113hr3163ih.xml

113-hr-3164

I 113th CONGRESS 1st Session H. R. 3164 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on House Administration 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 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. 3. Moving all civilian Federal workers into Exchange plans (a) In general 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 the subparagraph heading, by inserting and other civilian Federal officials and employees after Members of Congress ; (2) in clause (i)— (A) by striking and congressional staff and inserting and any employee of Congress, the President, the Vice-President, any employee of the Executive Office of the President, and any other civilian Federal worker ; and (B) by striking or congressional staff and inserting or other such employee, officer, or worker ; and (3) by adding at the end the following new clause: (iii) Clarification of effect on uniformed services, TRICARE, and VA health plans Nothing in this subparagraph shall be construed as affecting the eligibility of an individual to enroll in a health plan made available pursuant to, or to otherwise receive health care under, chapter 55 of title 10, United States Code, or chapters 17 or 18 of title 38, United States Code. . (b) Maintaining current FEHBP coverage of annuitants Nothing in the amendments made by subsection (a) shall be construed as affecting the continued coverage of annuitants under health benefits plans under chapter 89 of title 5, United States Code, as in effect as of the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3164ih/xml/BILLS-113hr3164ih.xml

113-hr-3165

I 113th CONGRESS 1st Session H. R. 3165 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Latham introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , Natural Resources , the Judiciary , House Administration , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Patient Protection and Affordable Care Act and to take meaningful steps to lower health care costs and increase access to health insurance coverage without raising taxes, cutting Medicare benefits for seniors, adding to the national deficit, intervening in the doctor-patient relationship, or instituting a government takeover of health care. 1. Short title; purpose; table of contents (a) Short title This Act may be cited as the Common Sense Health Reform Americans Actually Want Act . (b) Purpose The purpose of this Act is to take meaningful steps to lower health care costs and increase access to health insurance coverage (especially for individuals with preexisting conditions) without— (1) raising taxes; (2) cutting Medicare benefits for seniors; (3) adding to the national deficit; (4) intervening in the doctor-patient relationship; or (5) instituting a government takeover of health care. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; purpose; table of contents. Sec. 2. Repeal of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Division A—Ensuring coverage for individuals with preexisting conditions and multiple health care needs Sec. 101. Establish universal access programs to improve high risk pools and reinsurance markets. Sec. 102. No annual or lifetime spending caps. Sec. 103. Preventing unjust cancellation of insurance coverage. Division B—Reducing Health Care Premiums and the Number of Uninsured Americans Title I—Expanding Access and Lowering Costs for Small Businesses Subtitle A—Enhanced Marketplace Pools Sec. 201. Rules governing enhanced marketplace pools. Sec. 202. Cooperation between Federal and State authorities. Sec. 203. Effective date and transitional and other rules. Subtitle B—Market Relief Sec. 204. Market relief. Title II—Targeted Efforts to Expand Access Sec. 211. Extending coverage of dependents. Sec. 212. Prohibiting preexisting condition exclusions for enrollees under age 19. Sec. 213. Health plan finders. Title III—Expanding Choices by Allowing Americans to Buy Health Care Coverage Across State Lines Sec. 221. Interstate purchasing of health insurance. Title IV—Improving Health Savings Accounts Sec. 231. HSA funds for premiums for high deductible health plans. Sec. 232. Requiring greater coordination between HDHP administrators and HSA account administrators so that enrollees can enroll in both at the same time. Sec. 233. Special rule for certain medical expenses incurred before establishment of account. Title V—Tax–Related Health Incentives Sec. 241. SECA tax deduction for health insurance costs. Sec. 242. Deduction for qualified health insurance costs of individuals. Division C—Enacting Real Medical Liability Reform Sec. 301. Cap on non-economic damages against health care practitioners. Sec. 302. Cap on non-economic damages against health care institutions. Sec. 303. Cap, in wrongful death cases, on total damages against any single health care practitioner. Sec. 304. Limitation of insurer liability when insurer rejects certain settlement offers. Sec. 305. Mandatory jury instruction on cap on damages. Sec. 306. Determination of negligence; mandatory jury instruction. Sec. 307. Expert reports required to be served in civil actions. Sec. 308. Expert opinions relating to physicians may be provided only by actively practicing physicians. Sec. 309. Payment of future damages on periodic or accrual basis. Sec. 310. Unanimous jury required for punitive or exemplary damages. Sec. 311. Proportionate liability. Sec. 312. Defense-initiated settlement process. Sec. 313. Statute of limitations; statute of repose. Sec. 314. Limitation on liability for Good Samaritans providing emergency health care. Sec. 315. Definitions. Division D—Protecting the Doctor-Patient Relationship Sec. 401. Rule of construction. Sec. 402. Repeal of Federal Coordinating Council for Comparative Effectiveness Research. Division E—Incentivizing Wellness and Quality Improvements Sec. 501. Incentives for prevention and wellness programs. Division F—Protecting Taxpayers Sec. 601. Permanently prohibiting taxpayer funded abortions and ensuring conscience protections. Sec. 602. Improved enforcement of the Medicare and Medicaid secondary payer provisions. Sec. 603. Strengthen Medicare provider enrollment standards and safeguards. Sec. 604. Tracking banned providers across State lines. 2. Repeal of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (a) Patient Protection and Affordable Care Act The Patient Protection and Affordable Care Act ( Public Law 111–148 ) is repealed and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health Care and Education Reconciliation Act of 2010 The Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) 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. A Ensuring coverage for individuals with preexisting conditions and multiple health care needs 101. Establish universal access programs to improve high risk pools and reinsurance markets (a) State requirement (1) In general Not later than 90 days after the date of the enactment of this Act, each State shall— (A) subject to paragraph (3), operate a qualifying State high risk pool described in subsection (b)(1); and (B) subject to paragraph (3), apply to the operation of such a program from State funds an amount equivalent to the portion of State funds derived from State premium assessments (as defined by the Secretary) that are not otherwise used on State health care programs. (2) Relation to current qualified high risk pool program (A) States not operating a qualified high risk pool In the case of a State that is not operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act, the State’s operation of a qualifying State high risk pool described in subsection (b)(1) shall be treated, for purposes of section 2745 of the Public Health Service Act, as the operation of a qualified high risk pool described in such section. (B) State operating a qualified high risk pool In the case of a State that is operating a current section 2745 qualified high risk pool as of the date of the enactment of this Act, as of the date that is 90 days after the date of the enactment of this Act, such a pool shall not be treated as a qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in subsection (b)(1). (3) Application of funds If the pool operated under paragraph (1)(A) is in strong fiscal health, as determined in accordance with standards established by the National Association of Insurance Commissioners and as approved by the State Insurance Commissioner involved, the requirement of paragraph (1)(B) shall be deemed to be met. (b) Qualifying State high risk pool (1) In general A qualifying State high risk pool described in this subsection means a current section 2745 qualified high risk pool that meets the following requirements: (A) The pool must be funded with a stable funding source. (B) The pool must eliminate any waiting lists so that all eligible residents who are seeking coverage through the pool should be allowed to receive coverage through the pool. (C) The pool must allow for coverage of individuals who, but for the 24-month disability waiting period under section 226(b) of the Social Security Act, would be eligible for Medicare during the period of such waiting period. (D) The pool must limit the pool premiums to no more than 150 percent of the average premium for applicable standard risk rates in that State. (E) The pool must conduct education and outreach initiatives so that residents and brokers understand that the pool is available to eligible residents. (F) The pool must provide coverage for preventive services and disease management for chronic diseases. (G) Subject to subparagraph (C), an individual may only be eligible for coverage through the pool if the individual has a pre-existing condition, as determined in a manner consistent with guidance ussed by the Secretary of Health and Human Services and— (i) was denied health insurance coverage in the individual market because of a pre-existing condition or health status; or (ii) was offered such coverage— (I) under terms that limit the coverage for such a pre-existing condition; or (II) at a premium rate that is above the premium rate for coverage through the pool pursuant to this section. (H) No pre-existing condition exclusion period may be imposed on coverage through the pool. (I) The pool shall not require an individual to be uninsured for any period as a condition of eligibility to receive coverage through the pool. (2) Verification of citizenship or alien qualification (A) In general Notwithstanding any other provision of law, only citizens and nationals of the United States shall be eligible to participate in a qualifying State high risk pool that receives funds under section 2745 of the Public Health Service Act or this section. (B) Condition of participation As a condition of a State receiving such funds, the Secretary shall require the State to certify, to the satisfaction of the Secretary, that such State requires all applicants for coverage in the qualifying State 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. (3) Relation to section 2745 As of January 1, 2012, a pool shall not qualify as qualified high risk pool under section 2745 of the Public Health Service Act unless the pool is a qualifying State high risk pool described in paragraph (1). (c) Waivers In order to accommodate new and innovative programs, the Secretary may waive such requirements of this section for qualifying State high risk pools as the Secretary deems appropriate. (d) Funding In addition to any other amounts appropriated, there is appropriated to carry out section 2745 of the Public Health Service Act (including through a pool described in subsection (a)(1))— (1) $15,000,000,000 for the period of fiscal years 2011 through 2021; and (2) an additional $10,000,000,000 for the period of fiscal years 2017 through 2021. (e) Definitions In this section: (1) Health insurance coverage; health insurance issuer The terms health insurance coverage and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act. (2) Current section 2745 qualified high risk pool The term current section 2745 qualified high risk pool has the meaning given the term qualified high risk pool under section 2745(g) of the Public Health Service Act as in effect as of the date of the enactment of this Act. (3) Secretary The term Secretary means Secretary of Health and Human Services. (4) Standard risk rate The term standard risk rate means a rate that— (A) is determined under the State high risk pool by considering the premium rates charged by other health insurance issuers offering health insurance coverage to individuals in the insurance market served; (B) is established using reasonable actuarial techniques; and (C) reflects anticipated claims experience and expenses for the coverage involved. (5) State The term State means any of the 50 States or the District of Columbia. 102. No annual or lifetime spending caps Notwithstanding any other provision of law, a health insurance issuer (including an entity licensed to sell insurance with respect to a State or group health plan) may not apply an annual or lifetime aggregate spending cap on any health insurance coverage or plan offered by such issuer. 103. Preventing unjust cancellation of insurance coverage (a) Clarification regarding application of guaranteed renewability of individual health insurance coverage Section 2742 of the Public Health Service Act ( 42 U.S.C. 300gg–42 ), as restored by section 2, is amended— (1) in its heading, by inserting , continuation in force, including prohibition of rescission, after Guaranteed renewability ; (2) in subsection (a), by inserting , including without rescission, after continue in force ; and (3) in subsection (b)(2), by inserting before the period at the end the following: , including intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed . (b) Opportunity for independent, external third party review in certain cases Subpart 1 of part B of title XXVII of the Public Health Service Act, as restored by section 2, is amended by adding at the end the following new section: 2746. Opportunity for independent, external third party review in certain cases (a) Notice and review right If a health insurance issuer determines to nonrenew or not continue in force, including rescind, health insurance coverage for an individual in the individual market on the basis described in section 2742(b)(2) before such nonrenewal, discontinuation, or rescission, may take effect the issuer shall provide the individual with notice of such proposed nonrenewal, discontinuation, or rescission and an opportunity for a review of such determination by an independent, external third party under procedures specified by the Secretary. (b) Independent determination If the individual requests such review by an independent, external third party of a nonrenewal, discontinuation, or rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be nonrenewed, discontinued, or rescinded under section 2742(b)(2). . (c) Effective date The amendments made by this section shall apply after the date of the enactment of this Act with respect to health insurance coverage issued before, on, or after such date. B Reducing Health Care Premiums and the Number of Uninsured Americans I Expanding Access and Lowering Costs for Small Businesses A Enhanced Marketplace Pools 201. Rules governing enhanced marketplace pools (a) In general Subtitle B of title I of the Employee Retirement Income Security Act of 1974 , as restored by section 2, is amended by adding after part 7 the following new part: 8 Rules governing enhanced marketplace pools 801. Small business health plans (a) In general For purposes of this part, the term small business health plan means a fully insured 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 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; (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; and (4) does not condition membership on the basis of a minimum group size. Any sponsor consisting of an association of entities which meet the requirements of paragraphs (1), (2), (3), and (4) shall be deemed to be a sponsor described in this subsection. 802. Alternative Market Pooling Organizations (a) In general The Secretary, not later than 1 year after the date of enactment of this part, shall promulgate regulations that apply the rules and standards of this part, as necessary, to circumstances in which a pooling entity other (hereinafter Alternative Market Pooling Organizations ) is not made up principally of employers and their employees, or not a professional organization or such small business health plan entity identified in section 801. (b) Adaption of standards In developing and promulgating regulations pursuant to subsection (a), the Secretary, in consultation with the Secretary of Health and Human Services, small business health plans, small and large employers, large and small insurance issuers, consumer representatives, and state insurance commissioners, shall— (1) adapt the standards of this part, to the maximum degree practicable, to assure balanced and comparable oversight standards for both small business health plans and alternative market pooling organizations; (2) permit the participation as alternative market pooling organizations unions, churches and other faith-based organizations, or other organizations composed of individuals and groups which may have little or no association with employment, provided however, that such alternative market pooling organizations meet, and continue meeting on an ongoing basis, to satisfy standards, rules, and requirements materially equivalent to those set forth in this part with respect to small business health plans; (3) conduct periodic verification of such compliance by alternative market pooling organizations, in consultation with the Secretary of Health and Human Services and the National Association of Insurance Commissioners, except that such periodic verification shall not materially impede market entry or participation as pooling entities comparable to that of small business health plans; (4) assure that consistent, clear, and regularly monitored standards are applied with respect to alternative market pooling organizations to avert material risk-selection within or among the composition of such organizations; (5) the expedited and deemed certification procedures provided in section 805(d) shall not apply to alternative market pooling organizations until sooner of the promulgation of regulations under this subsection or the expiration of one year following enactment of this Act; and (6) make such other appropriate adjustments to the requirements of this part as the Secretary may reasonably deem appropriate to fit the circumstances of an individual alternative market pooling organization or category of such organization, including but not limited to the application of the membership payment requirements of section 801(b)(2) to alternative market pooling organizations composed primarily of church- or faith-based membership. 803. Certification of small business health plans (a) In general Not later than 6 months after the date of enactment of this part, the applicable authority shall prescribe by interim final rule a procedure under which the applicable authority shall certify small business health plans which apply for certification as meeting the requirements of this part. (b) Requirements applicable to certified plans A small business 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). (c) Requirements for continued certification The applicable authority may provide by regulation for continued certification of small business health plans under this part. Such regulation shall provide for the revocation of a certification if the applicable authority finds that the small business health plan involved is failing to comply with the requirements of this part. (d) Expedited and deemed certification (1) In general If the Secretary fails to act on an application for certification under this section within 90 days of receipt of such application, the applying small business health plan shall be deemed certified until such time as the Secretary may deny for cause the application for certification. (2) Civil penalty The Secretary may assess a civil penalty against the board of trustees and plan sponsor (jointly and severally) of a small business health plan that is deemed certified under paragraph (1) of up to $500,000 in the event the Secretary determines that the application for certification of such small business health plan was willfully or with gross negligence incomplete or inaccurate. 804. Requirements relating to sponsors and boards of trustees (a) Sponsor The requirements of this subsection are met with respect to a small business 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 a small business health plan if the following requirements are met: (1) Fiscal control The plan is operated, pursuant to a plan document, by a board of trustees which pursuant to a trust agreement 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 a small business 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 insurers. (c) Treatment of franchises In the case of a group health plan which is established and maintained by a franchiser for a franchisor or for 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 franchisor were deemed to be the sponsor referred to in section 801(b) and each franchisee were deemed to be a member (of the sponsor) referred to in section 801(b); and (2) the requirements of section 804(a)(1) shall be deemed met. For purposes of this subsection the terms franchisor and franchisee shall have the meanings given such terms for purposes of sections 436.2(a) through 436.2(c) of title 16, Code of Federal Regulations (including any such amendments to such regulation after the date of enactment of this part). 805. Participation and coverage requirements (a) Covered employers and individuals The requirements of this subsection are met with respect to a small business 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, 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 dependents of individuals described in subparagraph (A). (b) Individual market unaffected The requirements of this subsection are met with respect to a small business 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. (c) Prohibition of discrimination against employers and employees eligible To participate The requirements of this subsection are met with respect to a small business 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) information regarding all coverage options available under the plan is made readily available to any employer eligible to participate; and (3) the applicable requirements of sections 701, 702, and 703 are met with respect to the plan. 806. Other requirements relating to plan documents, contribution rates, and benefit options (a) In general The requirements of this section are met with respect to a small business health plan if the following requirements are met: (1) Contents of governing instruments (A) In general The instruments governing the plan include a written instrument, meeting the requirements of an instrument required under section 402(a)(1), which— (i) 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)); and (ii) provides that the sponsor of the plan is to serve as plan sponsor (referred to in section 3(16)(B)). (B) Description of material provisions The terms of the health insurance coverage (including the terms of any individual certificates that may be offered to individuals in connection with such coverage) describe the material benefit and rating, and other provisions set forth in this section and such material provisions are included in the summary plan description. (2) Contribution rates must be nondiscriminatory (A) In general The contribution rates for any participating small employer shall not vary on the basis of any health status-related factor in relation to employees of such employer or their beneficiaries and shall not vary on the basis of the type of business or industry in which such employer is engaged, subject to subparagraph (B) and the terms of this title. (B) Effect of title Nothing in this title or any other provision of law shall be construed to preclude a health insurance issuer offering health insurance coverage in connection with a small business health plan that meets the requirements of this part, and at the request of such small business health plan, from— (i) setting contribution rates for the small business health plan based on the claims experience of the small business health plan so long as any variation in such rates for participating small employers complies with the requirements of clause (ii), except that small business health plans shall not be subject, in non-adopting states, to subparagraphs (A)(ii) and (C) of section 2912(a)(2) of the Public Health Service Act, and in adopting states, to any State law that would have the effect of imposing requirements as outlined in such subparagraphs (A)(ii) and (C); or (ii) varying contribution rates for participating small employers in a small business health plan in a State to the extent that such rates could vary using the same methodology employed in such State for regulating small group premium rates, subject to the terms of part I of subtitle A of title XXXI of the Public Health Service Act (relating to rating requirements), as added by subtitle B of title II of the Health Security for All Americans Act of 2010. (3) Exceptions regarding self-employed and large employers (A) Self-employed (i) In general Small business health plans with participating employers who are self-employed individuals (and their dependents) shall enroll such self-employed participating employers in accordance with rating rules that do not violate the rating rules for self-employed individuals in the State in which such self-employed participating employers are located. (ii) Guarantee issue Small business health plans with participating employers who are self-employed individuals (and their dependents) may decline to guarantee issue to such participating employers in States in which guarantee issue is not otherwise required for the self-employed in that State. (B) Large employers Small business health plans with participating employers that are larger than small employers (as defined in section 808(a)(10)) shall enroll such large participating employers in accordance with rating rules that do not violate the rating rules for large employers in the State in which such large participating employers are located. (4) 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 small business health plans To design benefit options Nothing in this part or any provision of State law (as defined in section 514(c)(1)) shall be construed to preclude a small business health plan or a health insurance issuer offering health insurance coverage in connection with a small business health plan from exercising its sole discretion in selecting the specific benefits and services consisting of medical care to be included as benefits under such plan or coverage, except that such benefits and services must meet the terms and specifications of part II of subtitle A of title XXXI of the Public Health Service Act (relating to lower cost plans), as added by subtitle B of title II of the Health Security for All Americans Act of 2010. (c) Domicile and non-Domicile States (1) Domicile state Coverage shall be issued to a small business health plan in the State in which the sponsor's principal place of business is located. (2) Non-domicile states With respect to a State (other than the domicile State) in which participating employers of a small business health plan are located but in which the insurer of the small business health plan in the domicile State is not yet licensed, the following shall apply: (A) Temporary preemption If, upon the expiration of the 90-day period following the submission of a licensure application by such insurer (that includes a certified copy of an approved licensure application as submitted by such insurer in the domicile State) to such State, such State has not approved or denied such application, such State's health insurance licensure laws shall be temporarily preempted and the insurer shall be permitted to operate in such State, subject to the following terms: (i) Application of non-domicile State law Except with respect to licensure and with respect to the terms of subtitle A of title XXXI of the Public Health Service Act (relating to rating and benefits as added by subtitle B of title II of the Health Security for All Americans Act of 2010), the laws and authority of the non-domicile State shall remain in full force and effect. (ii) Revocation of preemption The preemption of a non-domicile State's health insurance licensure laws pursuant to this subparagraph, shall be terminated upon the occurrence of either of the following: (I) Approval or denial of application The approval of denial of an insurer's licensure application, following the laws and regulations of the non-domicile State with respect to licensure. (II) Determination of material violation A determination by a non-domicile State that an insurer operating in a non-domicile State pursuant to the preemption provided for in this subparagraph is in material violation of the insurance laws (other than licensure and with respect to the terms of subtitle A of title XXXI of the Public Health Service Act (relating to rating and benefits added by subtitle B of title II of the Health Security for All Americans Act of 2010)) of such State. (B) No prohibition on promotion Nothing in this paragraph shall be construed to prohibit a small business health plan or an insurer from promoting coverage prior to the expiration of the 90-day period provided for in subparagraph (A), except that no enrollment or collection of contributions shall occur before the expiration of such 90-day period. (C) licensure Except with respect to the application of the temporary preemption provision of this paragraph, nothing in this part shall be construed to limit the requirement that insurers issuing coverage to small business health plans shall be licensed in each State in which the small business health plans operate. (D) Servicing by licensed insurers Notwithstanding subparagraph (C), the requirements of this subsection may also be satisfied if the participating employers of a small business health plan are serviced by a licensed insurer in that State, even where such insurer is not the insurer of such small business health plan in the State in which such small business health plan is domiciled. 807. Requirements for application and related requirements (a) Filing fee Under the procedure prescribed pursuant to section 802(a), a small business 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 small business 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, health insurance issuer, and contract administrators and other service providers. (c) Filing notice of certification with States A certification granted under this part to a small business health plan shall not be effective unless written notice of such certification is filed with the applicable State authority of each State in which the small business health plans operate. (d) Notice of material changes In the case of any small business 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. 808. Notice requirements for voluntary termination A small business 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. Implementation and application authority by Secretary The Secretary shall, through promulgation and implementation of such regulations as the Secretary may reasonably determine necessary or appropriate, and in consultation with a balanced spectrum of effected entities and persons, modify the implementation and application of this part to accommodate with minimum disruption such changes to State or Federal law provided in this part and the (and the amendments made by such Act) or in regulations issued thereto. 810. Definitions and rules of construction (a) Definitions For purposes of this part— (1) 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, or (B) in the case of a sponsor with members which consist of associations, a person who is a member or employee of any such association and elects an affiliated status with the sponsor. (2) Applicable authority The term applicable authority means the Secretary of Labor, except that, in connection with any exercise of the Secretary's authority with respect to which the Secretary is required under section 506(d) to consult with a State, such term means the Secretary, in consultation with such State. (3) 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. (4) Group health plan The term group health plan has the meaning provided in section 733(a)(1) (after applying subsection (b) of this section). (5) Health insurance coverage The term health insurance coverage has the meaning provided in section 733(b)(1), except that such term shall not include excepted benefits (as defined in section 733(c)). (6) Health insurance issuer The term health insurance issuer has the meaning provided in section 733(b)(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) Medical care The term medical care has the meaning provided in section 733(a)(2). (9) Participating employer The term participating employer means, in connection with a small business 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. (10) Small employer The term small employer means, in connection with a group health plan with respect to a plan year, a small employer as defined in section 2791(e)(4). (11) Trade association and professional association The terms trade association and professional association mean an entity that meets the requirements of section 1.501(c)(6)–1 of title 26, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Rule of construction For purposes of determining whether a plan, fund, or program is an employee welfare benefit plan which is a small business 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— (1) 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 (2) 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. (c) Renewal Notwithstanding any provision of law to the contrary, a participating employer in a small business health plan shall not be deemed to be a plan sponsor in applying requirements relating to coverage renewal. (d) Health savings accounts Nothing in this part shall be construed to create any mandates for coverage of benefits for HSA-qualified health plans that would require reimbursements in violation of section 223(c)(2) of the Internal Revenue Code of 1986. . (b) Conforming amendments to preemption rules (1) Section 514(b)(6) of such Act ( 29 U.S.C. 1144(b)(6) ), as restored by section 2, 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 a small business health plan which is certified under part 8. . (2) Section 514 of such Act ( 29 U.S.C. 1144 ), as restored by section 2, is amended— (A) in subsection (b)(4), by striking Subsection (a) and inserting Subsections (a) and (d) ; (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 ; (C) by redesignating subsection (d) as subsection (e); and (D) by inserting after subsection (c) the following new subsection: (d) (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 a health insurance issuer from offering health insurance coverage in connection with a small business health plan which is certified under part 8. (2) In any case in which health insurance coverage of any policy type is offered under a small business 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 establish rating and benefit requirements that would otherwise apply to such coverage, provided the requirements of subtitle A of title XXXI of the Public Health Service Act (as added by title II of the Health Security for All Americans Act of 2010) (concerning health plan rating and benefits) are met. . (c) Plan sponsor Section 3(16)(B) of such Act ( 29 U.S.C. 102(16)(B) ), as restored by section 2, is amended by adding at the end the following new sentence: Such term also includes a person serving as the sponsor of a small business health plan under part 8. . (d) Savings clause Section 731(c) of such Act, as restored by section 2, is amended by inserting or part 8 after this part . (e) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 , as restored by section 2, is amended by inserting after the item relating to section 734 the following new items: Part 8—Rules governing small business health plans 801. Small business health plans. 802. Alternative market pooling organizations. 803. Certification of small business health plans. 804. Requirements relating to sponsors and boards of trustees. 805. Participation and coverage requirements. 806. Other requirements relating to plan documents, contribution rates, and benefit options. 807. Requirements for application and related requirements. 808. Notice requirements for voluntary termination. 809. Implementation and application authority by Secretary. 810. Definitions and rules of construction. . 202. Cooperation between Federal and State authorities Section 506 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1136 ), as restored by section 2, is amended by adding at the end the following new subsection: (d) Consultation with States with respect to small business health plans (1) Agreements with States The Secretary shall consult with the State recognized under paragraph (2) with respect to a small business 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 small business health plans under part 8 in accordance with regulations of the Secretary applicable to certification under part 8. (2) Recognition of domicile State In carrying out paragraph (1), the Secretary shall ensure that only one State will be recognized, with respect to any particular small business health plan, as the State with which consultation is required. In carrying out this paragraph such State shall be the domicile State, as defined in section 805(c). . 203. Effective date and transitional and other rules (a) Effective date The amendments made by this subtitle shall take effect 12 months 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 6 months 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 808(a)(2) 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 trustees which has control over 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 or at such time that the arrangement provides coverage to participants and beneficiaries in any State other than the States in which coverage is provided on such date of enactment. (2) Definitions For purposes of this subsection, the terms group health plan , medical care , and participating employer shall have the meanings provided in section 808 of the Employee Retirement Income Security Act of 1974 , except that the reference in paragraph (7) of such section to an small business health plan shall be deemed a reference to an arrangement referred to in this subsection. B Market Relief 204. Market relief The Public Health Service Act ( 42 U.S.C. 201 et seq. ), as restored by section 2, is amended by inserting after title XXX the following: XXXI Health care insurance marketplace modernization 3101. General insurance definitions In this title, the terms health insurance coverage , health insurance issuer , group health plan , and individual health insurance shall have the meanings given such terms in section 2791. 3102. Implementation and application authority by Secretary The Secretary shall, through promulgation and implementation of such regulations as the Secretary may reasonably determine necessary or appropriate, and in consultation with a balanced spectrum of effected entities and persons, modify the implementation and application of this title to accommodate with minimum disruption such changes to State or Federal law provided in this title and the (and the amendments made by such Act) or in regulations issued thereto. A Market relief I Rating requirements 3111. Definitions In this part: (1) Adopting state The term adopting State means a State that, with respect to the small group market, has enacted small group rating rules that meet the minimum standards set forth in section 3112(a)(1) or, as applicable, transitional small group rating rules set forth in section 3112(b). (2) 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 insurance laws of such State. (3) Base premium rate The term base premium rate means, for each class of business with respect to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage. (4) Eligible insurer The term eligible insurer means a health insurance issuer that is licensed in a State and that— (A) notifies the Secretary, not later than 30 days prior to the offering of coverage described in this subparagraph, that the issuer intends to offer health insurance coverage consistent with the Model Small Group Rating Rules or, as applicable, transitional small group rating rules in a State; (B) notifies the insurance department of a nonadopting State (or other State agency), not later than 30 days prior to the offering of coverage described in this subparagraph, that the issuer intends to offer small group health insurance coverage in that State consistent with the Model Small Group Rating Rules, and provides with such notice a copy of any insurance policy that it intends to offer in the State, its most recent annual and quarterly financial reports, and any other information required to be filed with the insurance department of the State (or other State agency); and (C) includes in the terms of the health insurance coverage offered in nonadopting States (including in the terms of any individual certificates that may be offered to individuals in connection with such group health coverage) and filed with the State pursuant to subparagraph (B), a description in the insurer's contract of the Model Small Group Rating Rules and an affirmation that such Rules are included in the terms of such contract. (5) Health insurance coverage The term health insurance coverage means any coverage issued in the small group health insurance market, except that such term shall not include excepted benefits (as defined in section 2791(c)). (6) Index rate The term index rate means for each class of business with respect to the rating period for small employers with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. (7) Model Small Group Rating Rules The term Model Small Group Rating Rules means the rules set forth in section 3112(a)(2). (8) Nonadopting state The term nonadopting State means a State that is not an adopting State. (9) Small group insurance market The term small group insurance market shall have the meaning given the term small group market in section 2791(e)(5). (10) State law The term State law means all laws, decisions, rules, regulations, or other State actions (including actions by a State agency) having the effect of law, of any State. (11) Variation limits (A) Composite variation limit (i) In general The term composite variation limit means the total variation in premium rates charged by a health insurance issuer in the small group market as permitted under applicable State law based on the following factors or case characteristics: (I) Age. (II) Duration of coverage. (III) Claims experience. (IV) Health status. (ii) Use of factors With respect to the use of the factors described in clause (i) in setting premium rates, a health insurance issuer shall use one or both of the factors described in subclauses (I) or (IV) of such clause and may use the factors described in subclauses (II) or (III) of such clause. (B) Total variation limit The term total variation limit means the total variation in premium rates charged by a health insurance issuer in the small group market as permitted under applicable State law based on all factors and case characteristics (as described in section 3112(a)(1)). 3112. Rating rules (a) Establishment of minimum standards for premium variations and model small group rating rules Not later than 6 months after the date of enactment of this title, the Secretary shall promulgate regulations establishing the following Minimum Standards and Model Small Group Rating Rules: (1) Minimum standards for premium variations (A) Composite variation limit The composite variation limit shall not be less than 3:1. (B) Total variation limit The total variation limit shall not be less than 5:1. (C) Prohibition on use of certain case characteristics For purposes of this paragraph, in calculating the total variation limit, the State shall not use case characteristics other than those used in calculating the composite variation limit and industry, geographic area, group size, participation rate, class of business, and participation in wellness programs. (2) Model Small Group Rating Rules The following apply to an eligible insurer in a non-adopting State: (A) Premium rates Premium rates for small group health benefit plans to which this title applies shall comply with the following provisions relating to premiums, except as provided for under subsection (b): (i) Variation in premium rates The plan may not vary premium rates by more than the minimum standards provided for under paragraph (1). (ii) Index rate The index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than 20 percent, excluding those classes of business related to association groups under this title. (iii) Class of businesses With respect to a class of business, the premium rates charged during a rating period to small employers with similar case characteristics for the same or similar coverage or the rates that could be charged to such employers under the rating system for that class of business, shall not vary from the index rate by more than 25 percent of the index rate under clause (ii). (iv) Increases for new rating periods The percentage increase in the premium rate charged to a small employer for a new rating period may not exceed the sum of the following: (I) The percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period. In the case of a health benefit plan into which the small employer carrier is no longer enrolling new small employers, the small employer carrier shall use the percentage change in the base premium rate, except that such change shall not exceed, on a percentage basis, the change in the new business premium rate for the most similar health benefit plan into which the small employer carrier is actively enrolling new small employers. (II) Any adjustment, not to exceed 15 percent annually and adjusted pro rata for rating periods of less then 1 year, due to the claim experience, health status or duration of coverage of the employees or dependents of the small employer as determined from the small employer carrier's rate manual for the class of business involved. (III) Any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the small employer carrier's rate manual for the class of business. (v) Uniform application of adjustments Adjustments in premium rates for claim experience, health status, or duration of coverage shall not be charged to individual employees or dependents. Any such adjustment shall be applied uniformly to the rates charged for all employees and dependents of the small employer. (vi) Prohibition on use of certain case characteristic A small employer carrier shall not utilize case characteristics, other than those permitted under paragraph (1)(C), without the prior approval of the applicable State authority. (vii) Consistent application of factors Small employer carriers shall apply rating factors, including case characteristics, consistently with respect to all small employers in a class of business. Rating factors shall produce premiums for identical groups which differ only by the amounts attributable to plan design and do not reflect differences due to the nature of the groups assumed to select particular health benefit plans. (viii) Treatment of plans as having same rating period A small employer carrier shall treat all health benefit plans issued or renewed in the same calendar month as having the same rating period. (ix) Require compliance Premium rates for small business health benefit plans shall comply with the requirements of this subsection notwithstanding any assessments paid or payable by a small employer carrier as required by a State's small employer carrier reinsurance program. (B) Establishment of separate class of business Subject to subparagraph (C), a small employer carrier may establish a separate class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following: (i) The small employer carrier uses more than one type of system for the marketing and sale of health benefit plans to small employers. (ii) The small employer carrier has acquired a class of business from another small employer carrier. (iii) The small employer carrier provides coverage to one or more association groups that meet the requirements of this title. (C) Limitation A small employer carrier may establish up to 9 separate classes of business under subparagraph (B), excluding those classes of business related to association groups under this title. (D) Limitation on transfers A small employer carrier shall not transfer a small employer involuntarily into or out of a class of business. A small employer carrier shall not offer to transfer a small employer into or out of a class of business unless such offer is made to transfer all small employers in the class of business without regard to case characteristics, claim experience, health status or duration of coverage since issue. (b) Transitional Model Small Group Rating Rules (1) In general Not later than 6 months after the date of enactment of this title and to the extent necessary to provide for a graduated transition to the minimum standards for premium variation as provided for in subsection (a)(1), the Secretary, in consultation with the National Association of Insurance Commissioners (NAIC), shall promulgate State-specific transitional small group rating rules in accordance with this subsection, which shall be applicable with respect to non-adopting States and eligible insurers operating in such States for a period of not to exceed 3 years from the date of the promulgation of the minimum standards for premium variation pursuant to subsection (a). (2) Compliance with transitional model small group rating rules During the transition period described in paragraph (1), a State that, on the date of enactment of this title, has in effect a small group rating rules methodology that allows for a variation that is less than the variation provided for under subsection (a)(1) (concerning minimum standards for premium variation), shall be deemed to be an adopting State if the State complies with the transitional small group rating rules as promulgated by the Secretary pursuant to paragraph (1). (3) Transitioning of old business (A) In general In developing the transitional small group rating rules under paragraph (1), the Secretary shall, after consultation with the National Association of Insurance Commissioners and representatives of insurers operating in the small group health insurance market in non-adopting States, promulgate special transition standards with respect to independent rating classes for old and new business, to the extent reasonably necessary to protect health insurance consumers and to ensure a stable and fair transition for old and new market entrants. (B) Period for operation of independent rating classes In developing the special transition standards pursuant to subparagraph (A), the Secretary shall permit a carrier in a non-adopting State, at its option, to maintain independent rating classes for old and new business for a period of up to 5 years, with the commencement of such 5-year period to begin at such time, but not later than the date that is 3 years after the date of enactment of this title, as the carrier offers a book of business meeting the minimum standards for premium variation provided for in subsection (a)(1) or the transitional small group rating rules under paragraph (1). (4) Other transitional authority In developing the transitional small group rating rules under paragraph (1), the Secretary shall provide for the application of the transitional small group rating rules in transition States as the Secretary may determine necessary for a an effective transition. (c) Market re-Entry (1) In general Notwithstanding any other provision of law, a health insurance issuer that has voluntarily withdrawn from providing coverage in the small group market prior to the date of enactment of this title shall not be excluded from re-entering such market on a date that is more than 180 days after such date of enactment. (2) Termination The provision of this subsection shall terminate on the date that is 24 months after the date of enactment of this title. 3113. Application and preemption (a) Superseding of state law (1) In general This part shall supersede any and all State laws of a non-adopting State insofar as such State laws (whether enacted prior to or after the date of enactment of this subtitle) relate to rating in the small group insurance market as applied to an eligible insurer, or small group health insurance coverage issued by an eligible insurer, including with respect to coverage issued to a small employer through a small business health plan, in a State. (2) Nonadopting states This part shall supersede any and all State laws of a nonadopting State insofar as such State laws (whether enacted prior to or after the date of enactment of this subtitle)— (A) prohibit an eligible insurer from offering, marketing, or implementing small group health insurance coverage consistent with the Model Small Group Rating Rules or transitional model small group rating rules; or (B) have the effect of retaliating against or otherwise punishing in any respect an eligible insurer for offering, marketing, or implementing small group health insurance coverage consistent with the Model Small Group Rating Rules or transitional model small group rating rules. (b) Savings clause and construction (1) Nonapplication to adopting states Subsection (a) shall not apply with respect to adopting states. (2) Nonapplication to certain insurers Subsection (a) shall not apply with respect to insurers that do not qualify as eligible insurers that offer small group health insurance coverage in a nonadopting State. (3) Nonapplication where obtaining relief under state law Subsection (a)(1) shall not supercede any State law in a nonadopting State to the extent necessary to permit individuals or the insurance department of the State (or other State agency) to obtain relief under State law to require an eligible insurer to comply with the Model Small Group Rating Rules or transitional model small group rating rules. (4) No effect on preemption In no case shall this part be construed to limit or affect in any manner the preemptive scope of sections 502 and 514 of the Employee Retirement Income Security Act of 1974. In no case shall this part be construed to create any cause of action under Federal or State law or enlarge or affect any remedy available under the Employee Retirement Income Security Act of 1974. (5) Preemption limited to rating Subsection (a) shall not preempt any State law that does not have a reference to or a connection with State rating rules that would otherwise apply to eligible insurers. (c) Effective date This section shall apply, at the election of the eligible insurer, beginning in the first plan year or the first calendar year following the issuance of the final rules by the Secretary under the Model Small Group Rating Rules or, as applicable, the Transitional Model Small Group Rating Rules, but in no event earlier than the date that is 12 months after the date of enactment of this title. 3114. Civil actions and jurisdiction (a) In general The courts of the United States shall have exclusive jurisdiction over civil actions involving the interpretation of this part. (b) Actions An eligible insurer may bring an action in the district courts of the United States for injunctive or other equitable relief against any officials or agents of a nonadopting State in connection with any conduct or action, or proposed conduct or action, by such officials or agents which violates, or which would if undertaken violate, section 3113. (c) Direct filing in Court of Appeals At the election of the eligible insurer, an action may be brought under subsection (b) directly in the United States Court of Appeals for the circuit in which the nonadopting State is located by the filing of a petition for review in such Court. (d) Expedited review (1) District court In the case of an action brought in a district court of the United States under subsection (b), such court shall complete such action, including the issuance of a judgment, prior to the end of the 120-day period beginning on the date on which such action is filed, unless all parties to such proceeding agree to an extension of such period. (2) Court of Appeals In the case of an action brought directly in a United States Court of Appeal under subsection (c), or in the case of an appeal of an action brought in a district court under subsection (b), such Court shall complete all action on the petition, including the issuance of a judgment, prior to the end of the 60-day period beginning on the date on which such petition is filed with the Court, unless all parties to such proceeding agree to an extension of such period. (e) Standard of review A court in an action filed under this section, shall render a judgment based on a review of the merits of all questions presented in such action and shall not defer to any conduct or action, or proposed conduct or action, of a nonadopting State. 3115. Ongoing review Not later than 5 years after the date on which the Model Small Group Rating Rules are issued under this part, and every 5 years thereafter, the Secretary, in consultation with the National Association of Insurance Commissioners, shall prepare and submit to the appropriate committees of Congress a report that assesses the effect of the Model Small Group Rating Rules on access, cost, and market functioning in the small group market. Such report may, if the Secretary, in consultation with the National Association of Insurance Commissioners, determines such is appropriate for improving access, costs, and market functioning, contain legislative proposals for recommended modification to such Model Small Group Rating Rules. II Affordable Plans 3121. Definitions In this part: (1) Adopting state The term adopting State means a State that has enacted a law providing that small group, individual, and large group health insurers in such State may offer and sell products in accordance with the List of Required Benefits and the Terms of Application as provided for in section 3122(b). (2) Eligible insurer The term eligible insurer means a health insurance issuer that is licensed in a nonadopting State and that— (A) notifies the Secretary, not later than 30 days prior to the offering of coverage described in this subparagraph, that the issuer intends to offer health insurance coverage consistent with the List of Required Benefits and Terms of Application in a nonadopting State; (B) notifies the insurance department of a nonadopting State (or other applicable State agency), not later than 30 days prior to the offering of coverage described in this subparagraph, that the issuer intends to offer health insurance coverage in that State consistent with the List of Required Benefits and Terms of Application, and provides with such notice a copy of any insurance policy that it intends to offer in the State, its most recent annual and quarterly financial reports, and any other information required to be filed with the insurance department of the State (or other State agency) by the Secretary in regulations; and (C) includes in the terms of the health insurance coverage offered in nonadopting States (including in the terms of any individual certificates that may be offered to individuals in connection with such group health coverage) and filed with the State pursuant to subparagraph (B), a description in the insurer's contract of the List of Required Benefits and a description of the Terms of Application, including a description of the benefits to be provided, and that adherence to such standards is included as a term of such contract. (3) Health insurance coverage The term health insurance coverage means any coverage issued in the small group, individual, or large group health insurance markets, including with respect to small business health plans, except that such term shall not include excepted benefits (as defined in section 2791(c)). (4) List of Required Benefits The term List of Required Benefits means the List issued under section 3122(a). (5) Nonadopting state The term nonadopting State means a State that is not an adopting State. (6) State law The term State law means all laws, decisions, rules, regulations, or other State actions (including actions by a State agency) having the effect of law, of any State. (7) State Provider Freedom of Choice Law The term State Provider Freedom of Choice Law means a State law requiring that a health insurance issuer, with respect to health insurance coverage, not discriminate with respect to participation, reimbursement, or indemnification as to any provider who is acting within the scope of the provider's license or certification under applicable State law. (8) Terms of Application The term Terms of Application means terms provided under section 3122(a). 3122. Offering affordable plans (a) List of Required Benefits Not later than 3 months after the date of enactment of this title, the Secretary, in consultation with the National Association of Insurance Commissioners, shall issue by interim final rule a list (to be known as the List of Required Benefits ) of covered benefits, services, or categories of providers that are required to be provided by health insurance issuers, in each of the small group, individual, and large group markets, in at least 26 States as a result of the application of State covered benefit, service, and category of provider mandate laws. With respect to plans sold to or through small business health plans, the List of Required Benefits applicable to the small group market shall apply. (b) Terms of Application (1) State with mandates With respect to a State that has a covered benefit, service, or category of provider mandate in effect that is covered under the List of Required Benefits under subsection (a), such State mandate shall, subject to paragraph (3) (concerning uniform application), apply to a coverage plan or plan in, as applicable, the small group, individual, or large group market or through a small business health plan in such State. (2) States without mandates With respect to a State that does not have a covered benefit, service, or category of provider mandate in effect that is covered under the List of Required Benefits under subsection (a), such mandate shall not apply, as applicable, to a coverage plan or plan in the small group, individual, or large group market or through a small business health plan in such State. (3) Uniform application of laws (A) In general With respect to a State described in paragraph (1), in applying a covered benefit, service, or category of provider mandate that is on the List of Required Benefits under subsection (a) the State shall permit a coverage plan or plan offered in the small group, individual, or large group market or through a small business health plan in such State to apply such benefit, service, or category of provider coverage in a manner consistent with the manner in which such coverage is applied under one of the three most heavily subscribed national health plans offered under the Federal Employee Health Benefits Program under chapter 89 of title 5, United States Code (as determined by the Secretary in consultation with the Director of the Office of Personnel Management), and consistent with the Publication of Benefit Applications under subsection (c). In the event a covered benefit, service, or category of provider appearing in the List of Required Benefits is not offered in one of the three most heavily subscribed national health plans offered under the Federal Employees Health Benefits Program, such covered benefit, service, or category of provider requirement shall be applied in a manner consistent with the manner in which such coverage is offered in the remaining most heavily subscribed plan of the remaining Federal Employees Health Benefits Program plans, as determined by the Secretary, in consultation with the Director of the Office of Personnel Management. (B) Exception regarding State provider freedom of choice laws Notwithstanding subparagraph (A), in the event a category of provider mandate is included in the List of Covered Benefits, any State Provider Freedom of Choice Law (as defined in section 3121(7)) that is in effect in any State in which such category of provider mandate is in effect shall not be preempted, with respect to that category of provider, by this part. (c) Publication of benefit applications Not later than 3 months after the date of enactment of this title, and on the first day of every calendar year thereafter, the Secretary, in consultation with the Director of the Office of Personnel Management, shall publish in the Federal Register a description of such covered benefits, services, and categories of providers covered in that calendar year by each of the three most heavily subscribed nationally available Federal Employee Health Benefits Plan options which are also included on the List of Required Benefits. (d) Effective dates (1) Small business health plans With respect to health insurance provided to participating employers of small business health plans, the requirements of this part (concerning lower cost plans) shall apply beginning on the date that is 12 months after the date of enactment of this title. (2) Non-association coverage With respect to health insurance provided to groups or individuals other than participating employers of small business health plans, the requirements of this part shall apply beginning on the date that is 15 months after the date of enactment of this title. (e) Updating of list of required benefits Not later than 2 years after the date on which the list of required benefits is issued under subsection (a), and every 2 years thereafter, the Secretary, in consultation with the National Association of Insurance Commissioners, shall update the list based on changes in the laws and regulations of the States. The Secretary shall issue the updated list by regulation, and such updated list shall be effective upon the first plan year following the issuance of such regulation. 3123. Application and preemption (a) Superceding of state law (1) In general This part shall supersede any and all State laws insofar as such laws relate to mandates relating to covered benefits, services, or categories of provider in the health insurance market as applied to an eligible insurer, or health insurance coverage issued by an eligible insurer, including with respect to coverage issued to a small business health plan, in a nonadopting State. (2) Nonadopting states This part shall supersede any and all State laws of a nonadopting State (whether enacted prior to or after the date of enactment of this title) insofar as such laws— (A) prohibit an eligible insurer from offering, marketing, or implementing health insurance coverage consistent with the Benefit Choice Standards, as provided for in section 3122(a); or (B) have the effect of retaliating against or otherwise punishing in any respect an eligible insurer for offering, marketing, or implementing health insurance coverage consistent with the Benefit Choice Standards. (b) Savings clause and construction (1) Nonapplication to adopting states Subsection (a) shall not apply with respect to adopting States. (2) Nonapplication to certain insurers Subsection (a) shall not apply with respect to insurers that do not qualify as eligible insurers who offer health insurance coverage in a nonadopting State. (3) Nonapplication where obtaining relief under state law Subsection (a)(1) shall not supercede any State law of a nonadopting State to the extent necessary to permit individuals or the insurance department of the State (or other State agency) to obtain relief under State law to require an eligible insurer to comply with the Benefit Choice Standards. (4) No effect on preemption In no case shall this part be construed to limit or affect in any manner the preemptive scope of sections 502 and 514 of the Employee Retirement Income Security Act of 1974. In no case shall this part be construed to create any cause of action under Federal or State law or enlarge or affect any remedy available under the Employee Retirement Income Security Act of 1974. (5) Preemption limited to benefits Subsection (a) shall not preempt any State law that does not have a reference to or a connection with State mandates regarding covered benefits, services, or categories of providers that would otherwise apply to eligible insurers. 3124. Civil actions and jurisdiction (a) In general The courts of the United States shall have exclusive jurisdiction over civil actions involving the interpretation of this part. (b) Actions An eligible insurer may bring an action in the district courts of the United States for injunctive or other equitable relief against any officials or agents of a nonadopting State in connection with any conduct or action, or proposed conduct or action, by such officials or agents which violates, or which would if undertaken violate, section 3123. (c) Direct filing in Court of Appeals At the election of the eligible insurer, an action may be brought under subsection (b) directly in the United States Court of Appeals for the circuit in which the nonadopting State is located by the filing of a petition for review in such Court. (d) Expedited review (1) District court In the case of an action brought in a district court of the United States under subsection (b), such court shall complete such action, including the issuance of a judgment, prior to the end of the 120-day period beginning on the date on which such action is filed, unless all parties to such proceeding agree to an extension of such period. (2) Court of Appeals In the case of an action brought directly in a United States Court of Appeal under subsection (c), or in the case of an appeal of an action brought in a district court under subsection (b), such Court shall complete all action on the petition, including the issuance of a judgment, prior to the end of the 60-day period beginning on the date on which such petition is filed with the Court, unless all parties to such proceeding agree to an extension of such period. (e) Standard of review A court in an action filed under this section, shall render a judgment based on a review of the merits of all questions presented in such action and shall not defer to any conduct or action, or proposed conduct or action, of a nonadopting State. 3125. Rules of construction (a) In general Notwithstanding any other provision of Federal or State law, a health insurance issuer in an adopting State or an eligible insurer in a non-adopting State may amend its existing policies to be consistent with the terms of this subtitle (concerning rating and benefits). (b) Health savings accounts Nothing in this subtitle shall be construed to create any mandates for coverage of benefits for HSA-qualified health plans that would require reimbursements in violation of section 223(c)(2) of the Internal Revenue Code of 1986. . II Targeted Efforts to Expand Access 211. Extending coverage of dependents (a) Employee Retirement Income Security Act of 1974 (1) In general Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 714 the following new section: 715. Extending coverage of dependents (a) In general In the case of a group health plan, or health insurance coverage offered in connection with a group health plan, that treats as a beneficiary under the plan an individual who is a dependent child of a participant or beneficiary under the plan, the plan or coverage shall continue to treat the individual as a dependent child without regard to the individual’s age until the individual turns 26 years of age. (b) Construction Nothing in this section shall be construed as requiring a group health plan to provide benefits for dependent children as beneficiaries under the plan or to require a participant to elect coverage of dependent children. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 714 the following new item: Sec. 715. Extending coverage of dependents. . (b) PHSA Title XXVII of the Public Health Service Act, as restored by section 2, is amended by inserting after section 2707 the following new section: 2708. Extending coverage of dependents (a) In general In the case of a group health plan, or health insurance coverage offered in connection with a group health plan, that treats as a beneficiary under the plan an individual who is a dependent child of a participant or beneficiary under the plan, the plan or coverage shall continue to treat the individual as a dependent child without regard to the individual’s age until the individual turns 26 years of age. (b) Construction Nothing in this section shall be construed as requiring a group health plan to provide benefits for dependent children as beneficiaries under the plan or to require a participant to elect coverage of dependent children. . (c) IRC (1) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9814. Extending coverage of dependents (a) In general In the case of a group health plan that treats as a beneficiary under the plan an individual who is a dependent child of a participant or beneficiary under the plan, the plan shall continue to treat the individual as a dependent child without regard to the individual’s age until the individual turns 26 years of age. (b) Construction Nothing in this section shall be construed as requiring a group health plan to provide coverage for dependent children as beneficiaries under the plan or to require a participant to elect coverage of dependent children. . (2) Clerical amendment The table of sections in such subchapter is amended by adding at the end the following new item: Sec. 9814. Extending coverage of dependents. . (d) Effective date The amendments made by subsections (a), (b), and (c) shall apply to group health plans for plan years beginning more than 3 months after the date of the enactment of this Act and shall apply to individuals who are dependent children under a group health plan, or health insurance coverage offered in connection with such a plan, on or after such date. (e) Adult dependents (1) Exclusion of amounts expended for medical care The first sentence of section 105(b) of the Internal Revenue Code of 1986 (relating to amounts expended for medical care) is amended— (A) by striking and his dependents and inserting his dependents ; and (B) by inserting before the period the following: , and any child (as defined in section 152(f)(1)) of the taxpayer who as of the end of the taxable year has not attained age 27 . (2) Self-employed health insurance deduction Section 162(l)(1) of such Code is amended to read as follows: (1) Allowance of deduction In the case of a taxpayer who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for (A) the taxpayer, (B) the taxpayer’s spouse, (C) the taxpayer’s dependents, and (D) any child (as defined in section 152(f)(1)) of the taxpayer who as of the end of the taxable year has not attained age 27. . (3) Coverage under self-employed deduction Section 162(l)(2)(B) of such Code is amended by inserting , or any dependent, or individual described in subparagraph (D) of paragraph (1) with respect to, after spouse of . (4) Sick and accident benefits provided to members of a voluntary employees’ beneficiary association and their dependents Section 501(c)(9) of such Code is amended by adding at the end the following new sentence: For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term dependent shall include any individual who is a child (as defined in section 152(f)(1)) of a member who as of the end of the calendar year has not attained age 27. . (5) Medical and other benefits for retired employees Section 401(h) of such Code is amended by adding at the end the following: For purposes of this subsection, the term dependent shall include any individual who is a child (as defined in section 152(f)(1)) of a retired employee who as of the end of the calendar year has not attained age 27. . 212. Prohibiting preexisting condition exclusions for enrollees under age 19 (a) PHSA Section 2701(a) of the Public Health Service Act ( 42 U.S.C. 300gg(a) ), as restored by section 2, is amended— (1) in the matter preceding paragraph (1), by inserting and the last sentence of this subsection after subsection (d) ; and (2) by adding at the end the following new sentence: In the case of a participant or beneficiary who is under 19 years of age, a group health plan and a health insurance issuer offering group or individual health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. . (b) ERISA Section 701(a) of the Employee Retirement Income Security Act of 1974, as restored by section 2, is amended— (1) in the matter preceding paragraph (1), by inserting and the last sentence of this subsection after subsection (d) ; and (2) by adding at the end the following new sentence: In the case of a participant or beneficiary who is under 19 years of age, a group health plan and a health insurance issuer offering group or individual health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. . (c) IRC Section 9801 of the Internal Revenue Code of 1986, as restored by section 2, is amended— (1) in the matter preceding paragraph (1), by inserting and the last sentence of this subsection after subsection (d) ; and (2) by adding at the end the following new sentence: In the case of a participant or beneficiary who is under 19 years of age, a group health plan may not impose any preexisting condition exclusion with respect to such plan. . 213. Health plan finders (a) State plan finders Not later than 12 months after the date of the enactment of this Act, each State may contract with a private entity to develop and operate a plan finder website (referred to in this section as a State plan finder ) which shall provide information to individuals in such State on plans of health insurance coverage that are available to individuals in such State (in this section referred to as a health insurance plan ) . Such State may not operate a plan finder itself. (b) Multi-State plan finders (1) In general A private entity may operate a multi-State finder that operates under this section in the States involved in the same manner as a State plan finder would operate in a single State. (2) Sharing of information States shall regulate the manner in which data is shared between plan finders to ensure consistency and accuracy in the information about health insurance plans contained in such finders. (c) Requirements for plan finders Each plan finder shall meet the following requirements: (1) The plan finder shall ensure that each health insurance plan in the plan finder meets the requirements for such plans under subsection (d). (2) The plan finder shall present complete information on the costs and benefits of health insurance plans (including information on monthly premium, copayments, and deductibles) in a uniform manner that— (A) uses the standard definitions developed under paragraph (3); and (B) is designed to allow consumers to easily compare such plans. (3) The plan finder shall be available on the Internet and accessible to all individuals in the State or, in the case of a multi-State plan finder, in all States covered by the multi-State plan finder. (4) The plan finder shall allow consumers to search and sort data on the health insurance plans in the plan finder on criteria such as coverage of specific benefits (such as coverage of disease management services or pediatric care services), as well as data available on quality. (5) The plan finder shall meet all relevant State laws and regulations, including laws and regulations related to the marketing of insurance products. In the case of a multi-State plan finder, the finder shall meet such laws and regulations for all of the States involved. (6) The plan finder shall meet solvency, financial, and privacy requirements established by the State or States in which the plan finder operates or the Secretary for multi-State finders. (7) The plan finder and the employees of the plan finder shall be appropriately licensed in the State or States in which the plan finder operates, if such licensure is required by such State or States. (8) Notwithstanding subsection (f)(1), the plan finder shall assist individuals who are eligible for the Medicaid program under title XIX of the Social Security Act or State Children’s Health Insurance Program under title XXI of such Act by including information on Medicaid options, eligibility, and how to enroll. (d) Requirements for plans participating in a plan finder (1) In general Each State shall ensure that health insurance plans participating in the State plan finder or in a multi-State plan finder meet the requirements of paragraph (2) (relating to adequacy of insurance coverage, consumer protection, and financial strength). (2) Specific requirements In order to participate in a plan finder, a health insurance plan must meet all of the following requirements, as determined by each State in which such plan operates: (A) The health insurance plan shall be actuarially sound. (B) The health insurance plan may not have a history of abusive policy rescissions. (C) The health insurance plan shall meet financial and solvency requirements. (D) The health insurance plan shall disclose— (i) all financial arrangements involving the sale and purchase of health insurance, such as the payment of fees and commissions; and (ii) such arrangements may not be abusive. (E) The health insurance plan shall maintain electronic health records that comply with the requirements of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) related to electronic health records. (F) The health insurance plan shall make available to plan enrollees via the finder, whether by information provided to the finder or by a website link directing the enrollee from the finder to the health insurance plan website, data that includes the price and cost to the individual of services offered by a provider according to the terms and conditions of the health plan. Data described in this paragraph is not made public by the finder, only made available to the individual once enrolled in the health plan. (e) Prohibitions (1) Direct Enrollment The State plan finder may not directly enroll individuals in health insurance plans. (2) Conflicts of interest (A) Companies A health insurance issuer offering a health insurance plan through a plan finder may not— (i) be the private entity developing and maintaining a plan finder under subsections (a) and (b); or (ii) have an ownership interest in such private entity or in the plan finder. (B) Individuals An individual employed by a health insurance issuer offering a health insurance plan through a plan finder may not serve as a director or officer for— (i) the private entity developing and maintaining a plan finder under subsections (a) and (b); or (ii) the plan finder. (f) Construction Nothing in this section shall be construed to allow the Secretary authority to regulate benefit packages or to prohibit health insurance brokers and agents from— (1) utilizing the plan finder for any purpose; or (2) marketing or offering health insurance products. (g) Plan finder defined For purposes of this section, the term plan finder means a State plan finder under subsection (a) or a multi-State plan finder under subsection (b). (h) State defined In this section, the term State has the meaning given such term for purposes of title XIX of the Social Security Act. III Expanding Choices by Allowing Americans to Buy Health Care Coverage Across State Lines 221. Interstate purchasing of health insurance (a) In General Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ), as restored by section 2, 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 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: 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), 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 preexisting 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). IV Improving Health Savings Accounts 231. HSA funds for premiums for high deductible health plans (a) In general Subparagraph (C) of section 223(d)(2) of the Internal Revenue Code of 1986, as restored by section 2, is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or , and by adding at the end the following: (v) a high deductible health plan if— (I) such plan is not offered in connection with a group health plan, (II) no portion of any premium (within the meaning of applicable premium under section 4980B(f)(4)) for such plan is excludable from gross income under section 106, and (III) the account beneficiary demonstrates, using procedures deemed appropriate by the Secretary, that after payment of the premium for such insurance the balance in the health savings account is at least twice the minimum deductible in effect under subsection (c)(2)(A)(i) which is applicable to such plan. . (b) Effective Date The amendment made by subsection (a) shall apply to premiums for a high deductible health plan for periods beginning after December 31, 2011. 232. Requiring greater coordination between HDHP administrators and HSA account administrators so that enrollees can enroll in both at the same time The Secretary of the Treasury, through the issuance of regulations or other guidance, shall encourage administrators of health plans and trustees of health savings accounts to provide for simultaneous enrollment in high deductible health plans and setup of health savings accounts. 233. Special rule for certain medical expenses incurred before establishment of account (a) In general Subsection (d) of section 223 of the Internal Revenue Code of 1986, as restored by section 2, is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Certain medical expenses incurred before establishment of account treated as qualified (A) In general For purposes of paragraph (2), 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 during the 60-day period beginning on the date on which the high deductible health plan is first effective. (B) Special rules For purposes of subparagraph (A)— (i) an individual shall be treated as an eligible individual for any portion of a month for which the individual is described in subsection (c)(1), determined without regard to whether the individual is covered under a high deductible health plan on the 1st day of such month, and (ii) the effective date of the health savings account is deemed to be the date on which the high deductible health plan is first effective after the date of the enactment of this paragraph. . (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. V Tax–Related Health Incentives 241. SECA tax deduction for health insurance costs (a) In General Subsection (l) of section 162 of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (b) Effective Date The amendment made by this section shall apply to taxable years beginning after December 31, 2010. 242. Deduction for qualified health insurance costs of individuals (a) In General Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Costs of qualified health insurance (a) In General In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified Health Insurance For purposes of this section, the term qualified health insurance means insurance which constitutes medical care, other than insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c). (c) Special Rules (1) Coordination with medical deduction, etc Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section. (2) Deduction not allowed for self-employment tax purposes The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. . (b) Deduction Allowed in Computing Adjusted Gross Income Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22) Costs of qualified health insurance The deduction allowed by section 224. . (c) Clerical Amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: Sec. 224. Costs of qualified health insurance. . (d) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2010. C Enacting Real Medical Liability Reform 301. Cap on non-economic damages against health care practitioners When an individual is injured or dies as the result of health care, a person entitled to non-economic damages may not recover, from the class of liable health care practitioners (regardless of the theory of liability), more than $250,000 such damages. 302. Cap on non-economic damages against health care institutions When an individual is injured or dies as the result of health care, a person entitled to non-economic damages may not recover— (1) from any single liable health care institution (regardless of the theory of liability), more than $250,000 such damages; and (2) from the class of liable health care institutions (regardless of the theory of liability), more than $500,000 such damages. 303. Cap, in wrongful death cases, on total damages against any single health care practitioner (a) In general When an individual dies as the result of health care, a person entitled to damages may not recover, from any single liable health care practitioner (regardless of the theory of liability), more than $1,400,000 in total damages. (b) Total damages defined In this section, the term total damages includes compensatory damages, punitive damages, statutory damages, and any other type of damages. (c) Adjustment for inflation For each calendar year after the calendar year of the enactment of this Act, the dollar amount referred to in subsection (a) shall be adjusted to reflect changes in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor. The adjustment shall be based on the relationship between— (1) the Consumer Price Index data most recently published as of January 1 of the calendar year of the enactment of this Act; and (2) the Consumer Price Index data most recently published as of January 1 of the calendar year concerned. (d) Applicability of adjustment The dollar amount that applies to a recovery is the dollar amount for the calendar year during which the amount of the recovery is made final. 304. Limitation of insurer liability when insurer rejects certain settlement offers In a civil action, to the extent the civil action seeks damages for the injury or death of an individual as the result of health care, when the insurer of a health care practitioner or health care institution rejects a reasonable settlement offer within policy limits, the insurer is not, by reason of that rejection, liable for damages in an amount that exceeds the liability of the insured. 305. Mandatory jury instruction on cap on damages In a civil action tried to a jury, to the extent the civil action seeks damages for the injury or death of an individual as the result of health care, the court shall instruct the jury that the jury is not to consider whether, or to what extent, a limitation on damages applies. 306. Determination of negligence; mandatory jury instruction (a) In general When an individual is injured or dies as the result of health care, liability for negligence may not be based solely on a bad result. (b) Mandatory jury instruction In a civil action tried to a jury, to the extent the civil action seeks damages for the injury or death of an individual as the result of health care and alleges liability for negligence, the court shall instruct the jury as provided in subsection (a). 307. Expert reports required to be served in civil actions (a) Service required To the extent a pleading filed in a civil action seeks damages against a health care practitioner for the injury or death of an individual as the result of health care, the party filing the pleading shall, not later than 120 days after the date on which the pleading was filed, serve on each party against whom such damages are sought a qualified expert report. (b) Qualified expert report As used in subsection (a), a qualified expert report is a written report of a qualified health care expert that— (1) includes a curriculum vitae for that expert; and (2) sets forth a summary of the expert opinion of that expert as to— (A) the standard of care applicable to that practitioner; (B) how that practitioner failed to meet that standard of care; and (C) the causal relationship between that failure and the injury or death of the individual. (c) Motion To enforce A party not served as required by subsection (a) may move the court to enforce that subsection. On such a motion, the court— (1) shall dismiss, with prejudice, the pleading as it relates to that party; and (2) shall award to that party the attorney fees reasonably incurred by that party to respond to that pleading. (d) Use of expert report (1) In general Except as otherwise provided in this section, a qualified expert report served under subsection (a) may not, in that civil action— (A) be offered by any party as evidence; (B) be used by any party in discovery or any other pretrial proceeding; or (C) be referred to by any party at trial. (2) Violations (A) By other party If paragraph (1) is violated by a party other than the party who served the report, the court shall, on motion of any party or on its own motion, take such measures as the court considers appropriate, which may include the imposition of sanctions. (B) By serving party If paragraph (1) is violated by the party who served the report, paragraph (1) shall no longer apply to any party. 308. Expert opinions relating to physicians may be provided only by actively practicing physicians (a) In general A physician-related opinion may be provided only by an actively practicing physician who is determined by the court to be qualified on the basis of training and experience to render that opinion. (b) Considerations required In determining whether an actively practicing physician is qualified under subsection (a), the court shall, except on good cause shown, consider whether that physician is board-certified, or has other substantial training, in an area of medical practice relevant to the health care to which the opinion relates. (c) Definitions In this section: (1) The term actively practicing physician means an individual who— (A) is licensed to practice medicine in the United States or, if the individual is a defendant providing a physician-related opinion with respect to the health care provided by that defendant, is a graduate of a medical school accredited by the Liaison Committee on Medical Education or the American Osteopathic Association; (B) is practicing medicine when the opinion is rendered, or was practicing medicine when the health care was provided; and (C) has knowledge of the accepted standards of care for the health care to which the opinion relates. (2) The term physician-related opinion means an expert opinion as to any one or more of the following: (A) The standard of care applicable to a physician. (B) Whether a physician failed to meet such a standard of care. (C) Whether there was a causal relationship between such a failure by a physician and the injury or death of an individual. (3) The term practicing medicine includes training residents or students at an accredited school of medicine or osteopathy, and serving as a consulting physician to other physicians who provide direct patient care. 309. Payment of future damages on periodic or accrual basis (a) In general When future damages are awarded against a health care practitioner to a person for the injury or death of an individual as a result of health care, and the present value of those future damages is $100,000 or more, that health care practitioner may move that the court order payment on a periodic or accrual basis of those damages. On such a motion, the court— (1) shall order that payment be made on an accrual basis of future damages described in subsection (b)(1); and (2) may order that payment be made on a periodic or accrual basis of any other future damages that the court considers appropriate. (b) Future damages defined In this section, the term future damages means— (1) the future costs of medical, health care, or custodial services; (2) noneconomic damages, such as pain and suffering or loss of consortium; (3) loss of future earnings; and (4) any other damages incurred after the award is made. 310. Unanimous jury required for punitive or exemplary damages When an individual is injured or dies as the result of health care, a jury may not award punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous with regard to both the liability of that party for such damages and the amount of the award of such damages. 311. Proportionate liability When an individual is injured or dies as the result of health care and a person is entitled to damages for that injury or death, each person responsible is liable only for a proportionate share of the total damages that directly corresponds to that person’s proportionate share of the total responsibility. 312. Defense-initiated settlement process (a) In general In a civil action, to the extent the civil action seeks damages for the injury or death of an individual as the result of health care, a health care practitioner or health care institution against which such damages are sought may serve one or more qualified settlement offers under this section to a person seeking such damages. If the person seeking such damages does not accept such an offer, that person may thereafter serve one or more qualified settlement offers under this section to the party whose offer was not accepted. (b) Qualified settlement offer A qualified settlement offer under this section is an offer, in writing, to settle the matter as between the offeror and the offeree, which— (1) specifies that it is made under this section; (2) states the terms of settlement; and (3) states the deadline within which the offer must be accepted. (c) Effect of offer If the offeree of a qualified settlement offer does not accept that offer, and thereafter receives a judgment at trial that, as between the offeror and the offeree, is significantly less favorable than the terms of settlement in that offer, that offeree is responsible for those litigation costs reasonably incurred, after the deadline stated in the offer, by the offeror to respond to the claims of the offeree. (d) Litigation costs defined In this section, the term litigation costs include court costs, filing fees, expert witness fees, attorney fees, and any other costs directly related to carrying out the litigation. (e) Significantly less favorable defined For purposes of this section, a judgment is significantly less favorable than the terms of settlement if— (1) in the case of an offeree seeking damages, the offeree’s award at trial is less than 80 percent of the value of the terms of settlement; and (2) in the case of an offeree against whom damages are sought, the offeror’s award at trial is more than 120 percent of the value of the terms of settlement. 313. Statute of limitations; statute of repose (a) Statute of limitations When an individual is injured or dies as the result of health care, the statute of limitations shall be as follows: (1) Individuals of age 12 and over If the individual has attained the age of 12 years, the claim must be brought either— (A) within 2 years after the negligence occurred; or (B) within 2 years after the health care on which the claim is based is completed. (2) Individuals under age 12 If the individual has not attained the age of 12 years, the claim must be brought before the individual attains the age of 14 years. (b) Statute of repose When an individual is injured or dies as the result of health care, the statute of repose shall be as follows: The claim must be brought within 10 years after the act or omission on which the claim is based is completed. (c) Tolling (1) Statute of limitations The statute of limitations required by subsection (a) may be tolled if applicable law so provides, except that it may not be tolled on the basis of minority. (2) Statute of repose The statute of repose required by subsection (b) may not be tolled for any reason. 314. Limitation on liability for Good Samaritans providing emergency health care (a) Willful or wanton negligence required A health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis is not liable for damages caused by that care except for willful or wanton negligence or more culpable misconduct. (b) Good Samaritan basis For purposes of this section, care is provided on a Good Samaritan basis if it is not provided for or in expectation of remuneration. Being entitled to remuneration is relevant to, but is not determinative of, whether it is provided for or in expectation of remuneration. 315. Definitions In this division: (1) Health care institution The term health care institution includes institutions such as— (A) an ambulatory surgical center; (B) an assisted living facility; (C) an emergency medical services provider; (D) a home health agency; (E) a hospice; (F) a hospital; (G) a hospital system; (H) an intermediate care facility for the mentally retarded; (I) a nursing home; and (J) an end stage renal disease facility. (2) Health care practitioner The term health care practitioner includes a physician and a physician entity. (3) Physician entity The term physician entity includes— (A) a partnership or limited liability partnership created by a group of physicians; (B) a company created by physicians; and (C) a nonprofit health corporation whose board is composed of physicians. D Protecting the Doctor-Patient Relationship 401. Rule of construction Nothing in this Act shall be construed to interfere with the doctor-patient relationship or the practice of medicine. 402. 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. E Incentivizing Wellness and Quality Improvements 501. Incentives for prevention and wellness programs (a) Employee Retirement Income Security Act of 1974 limitation on exception for wellness programs under HIPAA discrimination rules (1) In general Section 702(b)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1182(b)(2) ), as restored by section 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 in a standards-based wellness program. . (2) Effective date The amendment made by paragraph (1) shall apply to plan years beginning more than 1 year after the date of the enactment of this Act. (b) Conforming amendments to PHSA (1) Group market rules (A) In general Section 2702(b)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b)(2) ), as restored by section 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 in a standards-based wellness program. . (B) Effective date The amendment made by subparagraph (A) shall apply to plan years beginning more than 1 year after the date of the enactment of this Act. (2) Individual market rules relating to guaranteed availability (A) In general Section 2741(f) of the Public Health Service Act ( 42 U.S.C. 300gg–1(b)(2) ), as restored by section 2, is amended by adding after and below paragraph (1) the following: In applying paragraph (2), a health insurance issuer may vary premiums and cost-sharing under health insurance coverage by up to 50 percent of the value of the benefits under the coverage based on participation in a standards-based wellness program. . (B) Effective date The amendment made by paragraph (1) shall apply to health insurance coverage offered or renewed on and after the date that is 1 year after the date of the enactment of this Act. (c) Conforming amendments to IRC (1) In general Section 9802(b)(2) of the Internal Revenue Code of 1986,as restored by section 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 in a standards-based wellness program. . (2) Effective date The amendment made by paragraph (1) shall apply to plan years beginning more than 1 year after the date of the enactment of this Act. F Protecting Taxpayers 601. Permanently prohibiting taxpayer funded abortions and ensuring conscience protections Title 1 of the United States Code is amended by adding at the end the following new chapter: 4 Permanently prohibiting taxpayer funded abortions and ensuring conscience protections 301. Prohibition on funding for abortions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. 302. Prohibition on funding for health benefits plans that cover abortion None of the funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for a health benefits plan that includes coverage of abortion. 303. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in sections 301 and 302 shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) 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 itself. 304. Construction relating to supplemental coverage Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate supplemental abortion plan or coverage that includes abortion so long as such plan or coverage is paid for entirely using only funds not authorized or appropriated by federal law and such plan or coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 305. Construction relating to the use of non-Federal funds for health coverage Nothing in this chapter shall be construed as restricting the ability of any managed care provider or other organization from offering abortion coverage or the ability of a State to contract separately with such a provider or organization for such coverage with funds not authorized or appropriated by federal law and such plan or coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 306. No government discrimination against certain health care entities (a) In general No funds authorized or appropriated by federal law may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (b) Health care entity defined For purposes of this section, the term health care entity includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. . 602. Improved enforcement of the Medicare and Medicaid secondary payer provisions (a) Medicare (1) In general The Secretary of Health and Human Services, in coordination with the Inspector General of the Department of Health and Human Services, shall provide through the Coordination of Benefits Contractor for the identification of instances where the Medicare program should be, but is not, acting as a secondary payer to an individual’s private health benefits coverage under section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ). (2) Updating procedures The Secretary shall update procedures for identifying and resolving credit balance situations which occur under the Medicare program when payment under such title and from other health benefit plans exceed the providers’ charges or the allowed amount. (3) Report on improved enforcement Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to Congress on progress made in improved enforcement of the Medicare secondary payer provisions, including recoupment of credit balances. (b) Medicaid Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (aa) Enforcement of payer of last resort provisions (1) Submission of state plan amendment Each State shall submit, not later than 1 year after the date of the enactment of this subsection, a State plan amendment that details how the State will become fully compliant with the requirements of section 1902(a)(25). (2) Bonus for compliance If a State submits a timely State plan amendment under paragraph (1) that the Secretary determines provides for full compliance of the State with the requirements of section 1902(a)(25), the Secretary shall provide for an additional payment to the State of $1,000,000. If a State certifies, to the Secretary’s satisfaction, that it is already fully compliant with such requirements, such amount shall be increased to $2,000,000. (3) Reduction for noncompliance If a State does not submit such an amendment, the Secretary shall reduce the Federal medical assistance percentage otherwise applicable under this title by 1 percentage point until the State submits such an amendment. (4) Ongoing reduction If at any time the Secretary determines that a State is not in compliance with section 1902(a)(25), regardless of the status of the State’s submission of a State plan amendment under this subsection or previous determinations of compliance such requirements, the Secretary shall reduce the Federal medical assistance percentage otherwise applicable under this title for the State by 1 percentage point during the period of non-compliance as determined by the Secretary. . 603. Strengthen Medicare provider enrollment standards and safeguards (a) Protecting against the fraudulent use of Medicare provider numbers Subject to subsection (c)(2)— (1) Screening new providers As a condition of a provider of services or a supplier, including durable medical equipment suppliers and home health agencies, applying for the first time for a provider number under the Medicare program under title XVIII of the Social Security Act and before granting billing privileges under such title, the Secretary of Health and Human Services shall screen the provider or supplier for a criminal background or other financial or operational irregularities through fingerprinting, licensure checks, site-visits, other database checks. (2) Application fees The Secretary shall impose an application charge on such a provider or supplier in order to cover the Secretary’s costs in performing the screening required under paragraph (1) and that is revenue neutral to the Federal government. (3) Provisional approval During an initial, provisional period (specified by the Secretary) in which such a provider or supplier has been issued such a number, the Secretary shall provide enhanced oversight of the activities of such provider or supplier under the Medicare program, such as through prepayment review and payment limitations. (4) Penalties for false statements In the case of a provider or supplier that makes a false statement in an application for such a number, the Secretary may exclude the provider or supplier from participation under the Medicare program, or may impose a civil money penalty (in the amount described in section 1128A(a)(4) of the Social Security Act), in the same manner as the Secretary may impose such an exclusion or penalty under sections 1128 and 1128A, respectively, of such Act in the case of knowing presentation of a false claim described in section 1128A(a)(1)(A) of such Act. (5) Disclosure requirements With respect to approval of such an application, the Secretary— (A) shall require applicants to disclose previous affiliation with enrolled entities that have uncollected debt related to the Medicare or Medicaid programs; (B) may deny approval if the Secretary determines that these affiliations pose undue risk to the Medicare or Medicaid program, subject to an appeals process for the applicant as determined by the Secretary; and (C) may implement enhanced safeguards (such as surety bonds). (b) Moratoria The Secretary of Health and Human Services may impose moratoria on approval of provider and supplier numbers under the Medicare program for new providers of services and suppliers as determined necessary to prevent or combat fraud a period of delay for any one applicant cannot exceed 30 days unless cause is shown by the Secretary. (c) Funding (1) In general There are authorized to be appropriated to carry out this section such sums as may be necessary. (2) Condition The provisions of paragraphs (1) and (2) of subsection (a) shall not apply unless and until funds are appropriated to carry out such provisions. 604. Tracking banned providers across State lines (a) Greater coordination The Secretary of Health and Human Services shall provide for increased coordination between the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as CMS ) and its regional offices to ensure that providers of services and suppliers that have operated in one State and are excluded from participation in the Medicare program are unable to begin operation and participation in the Medicare program in another State. (b) Improved information systems (1) In general The Secretary shall improve information systems to allow greater integration between databases under the Medicare program so that— (A) Medicare administrative contractors, fiscal intermediaries, and carriers have immediate access to information identifying providers and suppliers excluded from participation in the Medicare and Medicaid program and other Federal health care programs; and (B) such information can be shared across Federal health care programs and agencies, including between the Departments of Health and Human Services, the Social Security Administration, the Department of Veterans Affairs, the Department of Defense, the Department of Justice, and the Office of Personnel Management. (c) Medicare/Medicaid One PI database The Secretary shall implement a database that includes claims and payment data for all components of the Medicare program and the Medicaid program. (d) Authorizing expanded data matching Notwithstanding any provision of the Computer Matching and Privacy Protection Act of 1988 to the contrary— (1) the Secretary and the Inspector General in the Department of Health and Human Services may perform data matching of data from the Medicare program with data from the Medicaid program; and (2) the Commissioner of Social Security and the Secretary may perform data matching of data of the Social Security Administration with data from the Medicare and Medicaid programs. (e) Consolidation of databases The Secretary shall consolidate and expand into a centralized database for individuals and entities that have been excluded from Federal health care programs the Healthcare Integrity and Protection Data Bank, the National Practitioner Data Bank, the List of Excluded Individuals/Entities, and a national patient abuse/neglect registry. (f) Comprehensive provider database (1) Establishment The Secretary shall establish a comprehensive database that includes information on providers of services, suppliers, and related entities participating in the Medicare program, the Medicaid program, or both. Such database shall include, information on ownership and business relationships, history of adverse actions, results of site visits or other monitoring by any program. (2) Use Prior to issuing a provider or supplier number for an entity under the Medicare program, the Secretary shall obtain information on the entity from such database to assure the entity qualifies for the issuance of such a number. (g) Comprehensive sanctions database The Secretary shall establish a comprehensive sanctions database on sanctions imposed on providers of services, suppliers, and related entities. Such database shall be overseen by the Inspector General of the Department of Health and Human Services and shall be linked to related databases maintained by State licensure boards and by Federal or State law enforcement agencies. (h) Access to claims and payment databases The Secretary shall ensure that the Inspector General of the Department of Health and Human Services and Federal law enforcement agencies have direct access to all claims and payment databases of the Secretary under the Medicare or Medicaid programs. (i) Civil money penalties for submission of erroneous information In the case of a provider of services, supplier, or other entity that submits erroneous information that serves as a basis for payment of any entity under the Medicare or Medicaid program, the Secretary may impose a civil money penalty of not to exceed $50,000 for each such erroneous submission. A civil money penalty under this subsection shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A of the Social Security Act is imposed and collected under that section.

https://www.govinfo.gov/content/pkg/BILLS-113hr3165ih/xml/BILLS-113hr3165ih.xml

113-hr-3166

I 113th CONGRESS 1st Session H. R. 3166 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Latham introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Armed Services , Energy and Commerce , Agriculture , House Administration , Oversight and Government Reform , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To appropriate such funds as may be necessary to ensure certain important functions of the Government continue during a Governmentwide shutdown, and for other purposes. 1. Emergency appropriation of funds During a Governmentwide shutdown, the Secretary of the Treasury shall make available, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as are necessary to provide for the following: (1) Amounts to provide pay and allowances to Members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the funding gap. (2) At the discretion of the Secretary of Defense, amounts to provide pay and allowances to such civilian personnel of the Department of Defense who are providing support to the members of the Armed Forces described in paragraph (1) as the Secretary considers appropriate. (3) At the discretion of the Secretary of Defense, amounts to provide pay and allowances to such personnel of contractors of the Department of Defense who are providing direct support to the members of the Armed Forces described in paragraph (1) as the Secretary considers appropriate. (4) Amounts necessary to carry out the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (5) Such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities. (6) Amounts necessary to make payments under the Medicare program under title XVIII of the Social Security Act. (7) Amounts necessary to make payments under the Supplemental Nutrition Assistance Program. (8) Such amounts as the President certifies to the Congress are necessary to carry out Government functions necessary for protecting public health and public safety. 2. Emergency funds to ensure Social Security benefits are provided During a Governmentwide shutdown, the Managing Trustee of the Trust Funds (as such term is used in section 201(g)(1)(A) of the Social Security Act) shall make available to the Commissioner of Social Security, out of any or all of the Trust Funds, such amounts as the Commissioner determines to be necessary to provide for the uninterrupted payment of monthly insurance benefits under title II of such Act and payment of benefits under the Supplemental Security Income Program under title XVI of such Act. 3. Prohibition on Congressional and Presidential pay during Governmentwide shutdown (a) In general Members of Congress and the President shall not receive basic pay during a Governmentwide shutdown. (b) Retroactive pay prohibited No pay forfeited in accordance with subsection (a) may be paid retroactively. 4. Governmentwide shutdown defined In this Act, the term Governmentwide shutdown means any portion of a fiscal year during which none of the appropriation bills for the fiscal year have become law and an Act or joint resolution making continuing appropriations for the fiscal year is not in effect.

https://www.govinfo.gov/content/pkg/BILLS-113hr3166ih/xml/BILLS-113hr3166ih.xml

113-hr-3167

I 113th CONGRESS 1st Session H. R. 3167 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Terry introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the bases for ineligibility for designation of countries as beneficiary developing countries under title V of the Trade Act of 1974, and for other purposes. 1. Short title This Act may be cited as the Playing Fair on Trade and Innovation Act . 2. Designation of beneficiary developing countries under the Generalized System of Preferences program (a) Countries ineligible for designation Section 502(b)(2) of the Trade Act of 1974 ( 19 U.S.C. 2462(b)(2) ) is amended— (1) by inserting after subparagraph (H) the following new subparagraphs: (I) Such country fails to provide adequate and effective protection for intellectual property rights. (J) Such country maintains local content requirements, other than requirements that apply only to the procurement by governmental agencies of products purchased for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial sale. ; and (2) in the matter following subparagraph (J) (as added by paragraph (1) of this subsection)— (A) by striking and (H) and inserting (H) ; and (B) by striking shall not and inserting , (I), and (J) shall not . (b) Factors affecting country designation Section 502(c) of the Trade Act of 1974 ( 19 U.S.C. 2462(c) ) is amended— (1) by striking paragraph (5); and (2) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. (c) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to the designation of any country as a beneficiary developing country under title V of the Trade Act of 1974 on or after such date of enactment.

https://www.govinfo.gov/content/pkg/BILLS-113hr3167ih/xml/BILLS-113hr3167ih.xml

113-hr-3168

I 113th CONGRESS 1st Session H. R. 3168 IN THE HOUSE OF REPRESENTATIVES September 20, 2013 Mr. Williams (for himself, Mr. Flores , Ms. Granger , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for a Medicare established provider system under which providers of services and suppliers representing a low risk for submitting fraudulent Medicare claims are provided certain claim review protections. 1. Short title This Act may be cited as the Medicare Established Provider Act of 2013 . 2. Medicare established provider system Title XVIII of the Social Security Act is amended by inserting after section 1893 of such Act ( 42 U.S.C. 1395ddd ) the following new section: 1893A. Medicare established provider system (a) In general The Secretary shall develop and implement a system (in this section referred to as the Medicare Established Provider System ) to designate providers of services and suppliers who represent a low risk for submitting fraudulent claims for payment under this title as established providers for purposes of applying the protections described in subsection (c). Under such system— (1) the Secretary shall establish a process, in accordance with subsection (c), under which— (A) providers of services and suppliers may apply for designation as established providers; (B) such providers and suppliers who qualify, in accordance with subsection (b), as established providers are so designated (including through the use of entities trained by an Internet training course of the Centers for Medicare & Medicaid Services or through training provided by other specified organizations); and (C) such providers and suppliers who no longer qualify as established providers lose such designation; and (2) the Secretary shall establish an electronic system for the submission of documentation by providers of services, suppliers, or third parties, with respect to a claim for payment under this title that is under review, for each level of review applicable to such claim. (b) Qualifying as established providers Under such system, to qualify as an established provider for a period with respect to a reporting period (as specified by the Secretary), a provider of services or supplier shall demonstrate, as specified by the Secretary, that— (1) with respect to the reporting period beginning after the date of the enactment of this section but before the date described in paragraph (2), at least 75 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment under this title; (2) with respect to a reporting period beginning after the date that is 2 years after the date of enactment of this section, at least 80 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment under this title; and (3) of all claims for payment under this title for items and services furnished by such provider or supplier for which an initial determination was made that payment may not be made under this title, at least 90 percent were appealed by such provider or supplier. (c) Designation process The process under subsection (a)(1)— (1) shall allow a provider of services or supplier designated as an established provider under this section to demonstrate that the provider or supplier maintains compliance with the qualification requirements under subsection (b) based on annual updates on the status of claims for payment under this title for items and services furnished by such provider or supplier with respect to each level of review, including the number of such claims within each such level of review for which a determination was made that payment should be made, should be partially made, or should not be made under this title; (2) shall provide a method through which it may be determined whether or not the qualifying requirements under subsection (b) have been satisfied and maintained by a provider of services or supplier with respect to a period; (3) provide for the identification of established providers within appropriate systems of the Centers of Medicare & Medicaid Services; and (4) provide for a global track record of compliance by providers of services and suppliers with the qualifying requirements under subsection (b), including by identifying such providers and suppliers by the management company provider number rather than by each individual provider, supplier, or facility, for purposes of efficiency. (d) Protections for established providers Notwithstanding any other provision of law, in the case of a provider of services or supplier designated as an established provider under this section with respect to a period the following protections shall apply: (1) With respect to a claim submitted during such period for payment under this title for items or services furnished by such provider or supplier, which is subject to review for whether or not payment should be made under such title and with respect to which an additional documentation request has been issued, payment under this title for such claim may not be withheld unless a final determination has been made that such payment should not be made. (2) In the case that a final determination has been made that payment under this title should not have been made with respect to a claim described in paragraph (1), repayment of such payment shall be made electronically by the provider not later than 45 days after notification of such decision. In applying the previous sentence, if the Secretary determines that repayment within such 45-day period would result in a significant hardship to the provider involved, the Secretary may, on a case-by-case basis, extend the 45-day period described in such sentence by such number of days as the Secretary determines appropriate in accordance with a specified repayment plan. (3) The Secretary shall provide for a method to apply section 1869 with respect to an initial determination of any claim submitted during such period for payment under this title for items and services furnished by such provider or supplier, without the application of paragraph (3) of section 1869(a) (relating to redeterminations). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3168ih/xml/BILLS-113hr3168ih.xml

113-hr-3169

I 113th CONGRESS 1st Session H. R. 3169 IN THE HOUSE OF REPRESENTATIVES September 23, 2013 Mr. Michaud (for himself and Mr. Denham ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 clarify the application of the Small Business Regulatory Enforcement Fairness Act to the Internal Revenue Service, to require the Service to convene a regulatory review panel for certain rules, and for other purposes. 1. Short title This Act may be cited as the IRS Rulemaking Fairness Act of 2013 . 2. Clarification of application of G to Internal Revenue Service (a) In general Section 603(a) of title 5, United States Code, is amended— (1) by inserting after to the extent that such interpretative rules the following: , or the statutes under which such rules are made, ; and (2) by inserting before the period at the end the following: or recordkeeping requirement . (b) Definitions Section 601 of title 5, United States Code, is amended— (1) in paragraph (1), by striking ‘‘and’’ at the end; and (2) in paragraphs (7) and (8) to read as follows: (7) the term collection of information has the meaning given such term in section 3502(3) of title 44, United States Code; and (8) the term recordkeeping requirement has the meaning given such term in section 3502(13) of title 44, United States Code. . 3. Internal Revenue Service required to convene regulatory review panel Section 609(d) of title 5, United States Code, is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end; and (3) by adding at the end the following: (4) the Internal Revenue Service. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3169ih/xml/BILLS-113hr3169ih.xml

113-hr-3170

I 113th CONGRESS 1st Session H. R. 3170 IN THE HOUSE OF REPRESENTATIVES September 23, 2013 Mr. Posey (for himself, Mr. Rooney , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Energy and Commerce , House Administration , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that the only health plans that the Federal Government may make available to Federal employees responsible for the administration of the Patient Protection and Affordable Care Act are those created under such Act or offered through a health insurance exchange, and for other purposes. 1. Short title This Act may be cited as the Health Care Regulator Accountability Act . 2. Health plans created under PPACA or offered through Exchanges to be only health plans Federal Government may make available to Federal employees responsible for administration of PPACA 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 the subparagraph heading, by striking Members of Congress and inserting Members of Congress and certain Federal employees ; (2) in clause (i), in the matter preceding subclause (I)— (A) by striking after the effective date of this subtitle, and inserting after December 31, 2013, ; (B) by striking Members of Congress and congressional staff and inserting Members of Congress, congressional staff, and Federal employees responsible for the administration of this Act ; and (C) by striking a Member of Congress or congressional staff and inserting a Member of Congress, congressional staff, or Federal employee responsible for the administration of this Act ; and (3) in clause (ii), by adding at the end the following: (III) Federal employee responsible for the administration of this Act The term Federal employee responsible for the administration of this Act , as used with respect to a year, means a Federal employee— (aa) who holds a position in the Department of Health and Human Services, the Internal Revenue Service, or any other Executive agency (as defined by section 105 of title 5, United States Code) during such year; and (bb) the duties and responsibilities of whose position (as described in item (aa)) during such year— (AA) involves the promulgation of rules or regulations to carry out this Act (or amendments made by this Act); (BB) involves the enforcement of this Act (or amendments made by this Act); or (CC) otherwise involves the administration of this Act (or amendments made by this Act), as determined under regulations promulgated by the head of the employing agency. (IV) Federal employee The term Federal employee means an employee , as defined in section 2105 of title 5, United States Code, and includes an individual to whom subsection (c) or (f) of such section 2105 pertains (whether or not such individual otherwise satisfies such section). . 3. Enforcement (a) In general The Secretary of Health and Human Services, the Director of the Internal Revenue Service, and the head of any other agency involved in promulgating rules or regulations to carry out or to enforce the Patient Protection and Affordable Care Act or any amendments made by such Act (as described in the amendment made by section 2(3)) may not, in any fiscal year, obligate or expend more than 90 percent of the funds made available for the salaries and expenses of the office of the Secretary, Director, or head (as the case may be) for such fiscal year unless such regulations are promulgated and take effect before the close of such fiscal year. (b) Rescission Any amounts which (by virtue of subsection (a)) remain precluded from obligation or expenditure on the last day of any fiscal year shall be rescinded on the close of such last day. (c) Limitation Nothing in this section shall be considered to affect any funds or other amounts to the extent that such amounts would (disregarding this section) otherwise be available for purposes apart from salaries or other administrative expenses of the office involved.

https://www.govinfo.gov/content/pkg/BILLS-113hr3170ih/xml/BILLS-113hr3170ih.xml

113-hr-3171

I 113th CONGRESS 1st Session H. R. 3171 IN THE HOUSE OF REPRESENTATIVES September 23, 2013 Mr. Womack introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Health and Human Services to approve waivers under the Medicaid Program under title XIX of the Social Security Act that are related to State provider taxes that exempt certain retirement communities. 1. Short title This Act may be cited as the Provider Tax Administrative Simplification Act of 2013 . 2. Provider tax rule exemption for certain continuing care retirement communities In the case of a State that has a provider tax that does not apply to continuing care retirement communities or life care communities (as such terms are used for purposes of section 1917(g) of the Social Security Act ( 42 U.S.C. 1396p(g) ) that have no beds that are certified to provide medical assistance (as such term is defined under section 1905(a) of such Act) under title XIX of the Social Security Act or that do not provide services for which payment may be made under title XIX of the Social Security Act, the Secretary of Health and Human Services shall approve a waiver under section 433.68(e)(2)(iii) of title 42 of the Code of Federal Regulations regardless of whether the Secretary determines that the State satisfies the requirements of section 433.68(e)(2)(iii)(B) of such title.

https://www.govinfo.gov/content/pkg/BILLS-113hr3171ih/xml/BILLS-113hr3171ih.xml

113-hr-3172

I 113th CONGRESS 1st Session H. R. 3172 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Johnson of Georgia (for himself, Mr. Fitzpatrick , Mr. Carson of Indiana , Ms. Speier , and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require the Secretary of Defense to use only human-based methods for training members of the Armed Forces in the treatment of severe combat injuries. 1. Short title This Act may be cited as the Battlefield Excellence through Superior Training Practices Act or BEST Practices Act . 2. Findings Congress finds the following: (1) The Department of Defense has made impressive strides in the development and use of methods of medical training and troop protection, such as the use of tourniquets and improvements in body armor, that have led to decreased battlefield fatalities. (2) The Department of Defense uses more than 6,000 live animals each year to train physicians, medics, corpsmen, and other personnel methods of responding to severe battlefield injuries. (3) The civilian sector has almost exclusively phased in the use of superior human-based training methods for numerous medical procedures currently taught in military courses using animals. (4) Human-based medical training methods such as simulators replicate human anatomy and can allow for repetitive practice and data collection. (5) According to scientific, peer-reviewed literature, medical simulation increases patient safety and decreases errors by healthcare providers. (6) The Army Research, Development and Engineering Command and other entities of the Department of Defense have made impressive strides in the development of methods for the replacement of live animal-based training. (7) According to the report by the Department of Defense titled Final Report on the use of Live Animals in Medical Education and Training Joint Analysis Team published on July 12, 2009— (A) validated, high-fidelity simulators will be available for nearly every high-volume or high-value battlefield medical procedure by the end of 2011, and many were available as of 2009; and (B) validated, high-fidelity simulators will be available to teach all other procedures to respond to common battlefield injuries by 2014. 3. Requirement to use human-based methods for certain medical training (a) In general Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2017. Requirement to use human-based methods for certain medical training (a) Combat trauma injuries (1) Not later than October 1, 2016, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods. (2) Not later than October 1, 2018, the Secretary— (A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and (B) may not use animals for such purpose. (b) Annual reports Not later than October 1, 2014, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section. (c) Definitions In this section: (1) The term combat trauma injuries means severe injuries likely to occur during combat, including— (A) hemorrhage; (B) tension pneumothorax; (C) amputation resulting from blast injury; (D) compromises to the airway; and (E) other injuries. (2) The term human-based training methods means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including— (A) simulators; (B) partial task trainers; (C) moulage; (D) simulated combat environments; (E) human cadavers; and (F) rotations in civilian and military trauma centers. (3) The term partial task trainers means training aids that allow individuals to learn or practice specific medical procedures. . (b) Clerical amendment The table of sections at the beginning of chapter 101 of title 10, United States Code, is amended by adding at the end the following new item: 2017. Requirement to use human-based methods for certain medical training. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3172ih/xml/BILLS-113hr3172ih.xml

113-hr-3173

I 113th CONGRESS 1st Session H. R. 3173 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify that volunteers at a children’s consignment event are not employees under the Fair Labor Standards Act of 1938. 1. Short title This Act may be cited as the Children’s Consignment Event Recognition Act of 2013 . 2. Purpose The purpose of this Act is to ensure that individuals and families may pool their resources, time, efforts, and energies, with or without the assistance of a facilitator, to sell, purchase, and otherwise exchange children’s clothing, toys, bedding, furniture, and related accessories, and maternity clothing and accessories without fear that they will be deemed to be employees under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). 3. Amendments to the Fair Labor Standards Act of 1938 Section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is amended— (1) in paragraph (1), by striking and (4) and inserting , (4), (5), and (6) ; and (2) by adding at the end the following: (6) (A) The term employee does not include— (i) individuals who volunteer their services before, during, or after a children’s consignment event with or without the assistance of a facilitator and— (I) provide not less than 15 items for sale at such children’s consignment event; (II) receive a right to shop from the facilitator at such children’s consignment event before such event is open to the general public; or (ii) the spouse, children, spouses of children, grandchildren, parents, and parents of spouses of the individuals described in clause (i). (B) For purposes of this paragraph, the term children’s consignment event means a sale or other event in which— (i) not less than 90 percent of the fair market value, in the aggregate, of the items offered for sale at such event are— (I) children’s or maternity items; and (II) resale items offered for sale on consignment by consignors; and (ii) such event is held in a single physical location and is open to the public for the sale of goods for 8 or fewer sale days within any 30-day period. (C) For purposes of this paragraph, the term facilitator means a person that organizes or hosts a children’s consignment event, or otherwise actively provides an opportunity for individuals described in subparagraph (A) to volunteer at a children’s consignment event. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3173ih/xml/BILLS-113hr3173ih.xml

113-hr-3174

I 113th CONGRESS 1st Session H. R. 3174 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize the Secretary of Transportation to obligate funds for emergency relief projects arising from damage caused by severe weather events in 2013, and for other purposes. 1. Emergency relief projects The Secretary of Transportation may obligate any funds made available to implement section 125 of title 23, United States Code, for emergency relief projects arising from damage caused by severe weather events in 2013, without any limitation on obligations for such projects resulting from a single natural disaster or a single catastrophic failure in a State. Passed the House of Representatives September 30, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr3174eh/xml/BILLS-113hr3174eh.xml

113-hr-3175

I 113th CONGRESS 1st Session H. R. 3175 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Amash introduced the following bill; which was referred to the Committee on Appropriations A BILL Making appropriations for fiscal year 2014 to ensure that members of the Armed Forces, including reserve components thereof, continue to receive pay and allowances for active service performed during a Government shutdown. 1. Emergency appropriation of funds to provide pay and allowances for members of the Armed Forces during Government shutdown (a) Appropriation of funds for military pay and allowances If a funding gap occurs during fiscal year 2014 impacting the Armed Forces, amounts are hereby appropriated, out of any money in the Treasury not otherwise appropriated, at a rate for operations as provided for military personnel accounts by the Department of Defense Appropriations Act, 2013 (division C of Public Law 113–6 ), for the purpose of providing pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the funding gap. (b) Funding gap defined In this section, the term funding gap means any period of time after September 30, 2013, for which interim or full-year appropriations for the military personnel accounts of the Armed Forces for fiscal year 2014 have not been enacted by a law other than this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3175ih/xml/BILLS-113hr3175ih.xml

113-hr-3176

I 113th CONGRESS 1st Session H. R. 3176 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. DeFazio (for himself, Mrs. Napolitano , Mr. Costa , Mr. Ben Ray Luján of New Mexico , Mr. Sablan , Ms. Chu , Mr. Hinojosa , Mr. Holt , Mr. Rangel , Mr. Grijalva , and Ms. Hanabusa ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Reclamation States Emergency Drought Relief Act of 1991, and for other purposes. 1. Extension of Reclamation States Emergency Drought Relief Act of 1991 (a) Termination of authority Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) is amended by striking 2012 and inserting 2018 . (b) Authorization of Appropriations Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) is amended by striking 2012 and inserting 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3176ih/xml/BILLS-113hr3176ih.xml

113-hr-3177

I 113th CONGRESS 1st Session H. R. 3177 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Engel (for himself, Mr. Royce , Ms. Lee of California , and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To extend authorities related to global HIV/AIDS and to promote oversight of United States programs. 1. Short title This Act may be cited as the PEPFAR Stewardship and Oversight Act of 2013 . 2. Inspector General oversight Section 101(f)(1) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7611(f)(1) ) is amended— (1) in subparagraph (A), by striking 5 coordinated annual plans for oversight activity in each of the fiscal years 2009 through 2013 and inserting coordinated annual plans for oversight activity in each of the fiscal years 2009 through 2018 ; and (2) in subparagraph (C)— (A) in clause (ii)— (i) in the heading, by striking Subsequent and inserting 2010 through 2013 ; and (ii) by striking the last four plans and inserting the plans for fiscal years 2010 through 2013 ; and (B) by adding at the end the following new clause: (iii) 2014 plan The plan developed under subparagraph (A) for fiscal year 2014 shall be completed not later than 60 days after the date of the enactment of the PEPFAR Stewardship and Oversight Act of 2013. (iv) Subsequent plans Each of the last four plans developed under subparagraph (A) shall be completed not later than 30 days before each of the fiscal years 2015 through 2018, respectively. . 3. Annual treatment study (a) Annual study; message Section 101(g) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7611(g) ) is amended— (1) in paragraph (1), by striking through September 30, 2013 and inserting through September 30, 2019 ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following new paragraph: (2) 2013 through 2018 studies The studies required to be submitted by September 30, 2014, and annually thereafter through September 30, 2018, shall include, in addition to the elements set forth under paragraph (1), the following elements: (A) A plan for conducting cost studies of United States assistance under section 104A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2 ) in partner countries, taking into account the goal for more systematic collection of data, as well as the demands of such analysis on available human and fiscal resources. (B) A comprehensive and harmonized expenditure analysis by partner country, including— (i) an analysis of Global Fund spending and partner country spending and comparable data across United States spending, Global Fund spending, and partner country spending at the national level; or (ii) where providing such comparable data is not currently practicable, an explanation of why it is not currently practicable, and when it will be practicable. ; and (4) by adding at the end the following new paragraph: (4) Definition In this subsection, the term partner country means a country that received not less than $5,000,000 in United States HIV/AIDS assistance under section 104A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2 ) during the immediately preceding fiscal year. . 4. Participation in the Global Fund to fight AIDS, Tuberculosis, and Malaria (a) Limitation Section 202(d)(4) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7622(d)(4) ) is amended— (1) by striking 2013 each place it appears and inserting 2018 ; (2) in subparagraph (A)(ii), by striking the last two sentences; (3) in subparagraph (B)— (A) in each of clauses (i) through (iv), by striking under this subsection and inserting for a contribution to the Global Fund ; and (B) in clause (ii), by striking pursuant to the authorization of appropriations under section 401 and inserting to carry out section 104A of the Foreign Assistance Act of 1961 . (b) Withholding funds Section 202(d)(5) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7622(d)(5) ) is amended— (1) by striking 2013 and inserting 2018 ; (2) in subparagraph (C)— (A) by inserting in an open, machine readable format after site ; (B) by striking clause (v) and inserting the following: (v) a regular collection, analysis, and reporting of performance data and funding of grants of the Global Fund, which covers all principal recipients and all sub-recipients on the fiscal cycle of each grant, and includes the distribution of resources, by grant and principal recipient and sub-recipient, for prevention, care, treatment, drugs, and commodities purchase, and other purposes, as practicable; ; (3) in subparagraph (D)(ii), by inserting , in an open machine readable format, after audits ; (4) in subparagraph (E), by inserting , in an open machine readable format, after publicly ; (5) in subparagraph (F)— (A) in clause (i), by striking and at the end; and (B) by striking clause (ii) and inserting the following: (ii) all principal recipients and sub-recipients and the amount of funds disbursed to each principal recipient and subrecipient on the fiscal cycle of the grant; (iii) expenditure data— (I) tracked by principal recipients and sub-recipients by program area, where practicable, in prevention, care, and treatment, reported in a format that allows comparison with other funding streams in each country; or (II) if expenditure data is not available, outlay or disbursement data, and each public report shall include an explanation of progress made toward providing expenditure data; and (iv) high-quality grant performance evaluations measuring inputs, outputs, and outcomes, as appropriate, with the goal of achieving outcome reporting; ; and (6) by striking subparagraph (G) and inserting the following: (G) has published an annual report on a publicly available Web site in an open, machine readable format, that includes— (i) a list of all countries imposing import duties and internal taxes on any goods or services financed by the Global Fund; (ii) a description of the types of goods or services on which import duties and internal taxes are levied; (iii) the total cost of the import duties and internal taxes; (iv) recovered import duties or internal taxes; and (v) the status of country status-agreements; . 5. Annual report (a) In general Section 104A(f) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2(f) ) is amended to read as follows: (f) Annual report (1) In general Not later than February 15, 2014, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report in an open, machine readable format, on the implementation of this section for the prior fiscal year. (2) Report elements Each report submitted after February 15, 2014, shall include the following: (A) A description based on internationally available data, using high-quality country-based data where practicable, of the total global burden and need for HIV/AIDS prevention, treatment, and care, including— (i) estimates by partner country of the global burden and need; and (ii) HIV incidence, prevalence, and AIDS deaths for the reporting period. (B) Reporting on targets across prevention, treatment, and care interventions in partner countries, including— (i) a description of how those targets are designed to— (I) ensure that the annual increase in new patients on an­ti­re­tro­vi­ral treatment exceeds the number of annual new HIV infections; (II) reduce the number of new HIV infections so that it falls below number of deaths among persons infected with HIV; and (III) achieve an AIDS-free generation; (ii) national targets across prevention, treatment, and care that are— (I) established by partner countries; or (II) where such national partner country-developed targets are unavailable, a description of progress towards developing national partner country targets; and (iii) bilateral programmatic targets across prevention, treatment, and care, including— (I) the number of adults and children to be directly supported on HIV treatment under this section; (II) the number of adults and children to be otherwise supported on HIV treatment under this section; and (III) other programmatic targets for activities directly and otherwise supported by United States-funded programs. (C) A description, by partner country, of HIV/AIDS funding from all sources, including funding levels from partner countries, other donors, and the private sector, as practicable. (D) A description of how United States bilateral programs, in conjunction with the Global Fund, other donors, and partner countries together set targets, measure progress, and achieve positive outcomes in partner countries. (E) An annual assessment of outcome indicator development, dissemination, and performance for programs supported under this section, including ongoing corrective actions to improve reporting. (F) A description and explanation of changes in related guidance or policies related to implementation of programs supported under this section. (G) An assessment and quantification of progress over the reporting period toward achieving the targets described in subparagraph (B), including— (i) the number, by partner country, of persons on HIV treatment, including specifically— (I) the number of adults and children on HIV treatment directly supported by United States-funded programs; (II) the number of adults and children on HIV treatment otherwise supported by United States-funded programs; (ii) HIV treatment coverage rates by country; (iii) the net increase in persons on HIV treatment by partner country; (iv) new infections of HIV by country; (v) the number of HIV infections averted; (vi) antiretroviral treatment program retention rates, by partner country, including— (I) performance against annual targets for program retention; and (II) the retention rate of persons on HIV treatment directly supported by United States-funded programs; and (vii) a description of supportive care, including management of co-morbidities. (H) A description of partner country and United States-funded HIV/AIDS prevention programs and policies, including— (i) an assessment, by partner country, of progress to achieve the targets described in subparagraph (B), with a detailed description of the metrics used to assess— (I) programs to prevent mother to child transmission of HIV/AIDS, including coverage rates; (II) programs to provide or promote voluntary medical male circumcision, including coverage rates; (III) programs for behavior-change; and (IV) other programmatic activities to prevent the transmission of HIV; (ii) a description of antiretroviral treatment as prevention; and (iii) a description of any new preventative interventions or methodologies. (I) A description of the goals, scope, and measurement of program efforts aimed at women and girls. (J) A description of the goals, scope, and measurement of program efforts aimed at orphans, vulnerable children, and youth. (K) A description of the indicators and milestones used to assess effective, strategic, and appropriately timed partner country ownership, including— (i) an explanation of the metrics used to determine whether the pace of any transition to such ownership is appropriate for such partner country, given that country’s level of readiness for such transition; (ii) an analysis of governmental and local nongovernmental capacity to sustain positive outcomes; (iii) a description of measures taken to improve partner country capacity to sustain positive outcomes where needed; and (iv) for partner countries undergoing a transition to greater country ownership, a description of strategies to assess and mitigate programmatic and financial risk to ensure continued quality of care for essential services. (L) A description, globally and by partner country, of specific efforts to achieve and incentivize greater programmatic and cost effectiveness, including— (i) progress toward establishing common economic metrics across prevention, care and treatment with partner counties and the Global Fund; (ii) average costs, by partner country and by core intervention; (iii) expenditure reporting in all program areas, supplemented with targeted analyses of the cost-effectiveness of specific interventions; and (iv) import duties and internal taxes imposed on program commodities and services, by partner country. (M) A description of partnership framework agreements with countries and regions, where applicable, including— (i) the objectives and structures of such agreements, including— (I) how such agreements are aligned with national HIV/AIDS plans, public health strategies, and commitments of such countries and regions; and (II) how such agreements incorporate a role for civil society; and (ii) what has been learned in advancing partnership framework agreements with countries, and regions as applicable, in terms of improved coordination and collaboration, definition of clear roles and responsibilities and implications for how to further strengthen these agreements with mutually accountable measures of prog­ress. (N) A description of efforts and activities to engage new partners, including faith-based, community-based, and United States minority-serving institutions. (O) A definition and description of the differentiation between directly and otherwise supported activities, including specific efforts to clarify programmatic attribution and contribution, as well as timelines for dissemination and implementation. (3) Definition In this subsection, the term partner country means a country that received not less than $5,000,000 in United States HIV/AIDS assistance under this section during the immediately preceding fiscal year. . (b) Report elements for fiscal year 2013 report The annual report required to be submitted by not later than February 15, 2014, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under section 104A(f) of the Foreign Assistance Act of 1961, as amended by subsection (a) of this section, shall include the report elements contained in paragraph (2) of such section 104A(f) as such section was in effect on the day before the date of the enactment of this Act. 6. Allocation of funding (a) Orphans and vulnerable children Section 403(b) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7673(b) ) is amended— (1) by striking 2013 and inserting 2018 ; and (2) by striking amounts appropriated pursuant to the authorization of appropriations under section 401 and inserting amounts appropriated or otherwise made available to carry out the provisions of section 104A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2 ) . (b) Funding allocation Section 403(c) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7673(c) ) is amended— (1) by striking 2013 and inserting 2018 ; (2) by striking amounts appropriated and inserting amounts appropriated or otherwise made available to carry out the provisions of section 104A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–2 ) ; and (3) by striking pursuant to section 401 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3177ih/xml/BILLS-113hr3177ih.xml

113-hr-3178

I 113th CONGRESS 1st Session H. R. 3178 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Historic Preservation Act to direct the Secretary of the Interior to provide technical or financial assistance to Hispanic-serving institutions for the establishment of historic preservation training and degree programs. 1. Short title This Act may be cited as the Preservation Research at Institutions Serving Minorities Act or PRISM Act . 2. Historic preservation training and degree programs for Hispanic-serving institutions Subparagraph (C) of section 101(j)(2) of the National Historic Preservation Act ( 16 U.S.C. 470a(j)(2) ) is amended— (1) by striking and after tribal colleges, ; and (2) by inserting after Hawaiians, the following: and to Hispanic-serving institutions as defined in section 502(a)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a)(5) ), .

https://www.govinfo.gov/content/pkg/BILLS-113hr3178ih/xml/BILLS-113hr3178ih.xml

113-hr-3179

I 113th CONGRESS 1st Session H. R. 3179 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Hudson (for himself, Mr. Hastings of Florida , Mr. Payne , Mr. McKeon , Mr. McIntyre , Mr. Bachus , Mr. Garcia , Ms. Wilson of Florida , Mr. Enyart , Mr. Wilson of South Carolina , Mr. Hunter , Mr. Rooney , Ms. Wasserman Schultz , Mr. Salmon , Mr. Andrews , Mr. Bishop of New York , Mr. Cole , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to provide a specific limited exemption from the overtime pay requirements of such Act for work related to disaster or catastrophe claims adjustment after a major disaster. 1. Limited exemption for disaster or catastrophe claims adjusters Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended by adding at the end the following: (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) Notwithstanding any other provision of section 18, in the event of a major disaster, this Act exclusively shall govern all such employers in lieu of any State or other Federal law or regulation or local law or regulation, with respect to the employees described in paragraph (1). (3) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (4) For purposes of this subsection— (A) the term major disaster means any natural catastrophe, including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, any other catastrophe, including fire, flood, explosion, land collapse, avalanche, or pollutant or chemical release; (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term affiliate means a company that, by reason of ownership or control of twenty-five percent (25%) or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3179ih/xml/BILLS-113hr3179ih.xml

113-hr-3180

I 113th CONGRESS 1st Session H. R. 3180 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Ms. Kaptur (for herself, Mr. Johnson of Ohio , and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to include contracts and grants for residential care for veterans in the exception to the requirement that the Federal Government recover a portion of the value of certain projects. 1. Inclusion of contracts and grants for residential care for veterans in exception to certain recapture requirements Section 8136(b) of title 38, United States Code, is amended by inserting , or the provision by the Secretary of a contract or grant for residential care for veterans, after outpatient clinic .

https://www.govinfo.gov/content/pkg/BILLS-113hr3180ih/xml/BILLS-113hr3180ih.xml

113-hr-3181

I 113th CONGRESS 1st Session H. R. 3181 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Michaud introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to clarify the treatment of administrative expenses of the Department of Veterans Affairs during sequestration. 1. Short title This Act may be cited as the Defending Veterans from Sequestration Act of 2013 . 2. Treatment of administrative expenses of Department of Veterans Affairs during sequestration Section 256(h)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 906(h)(4) ) is amended by adding at the end the following new subparagraph: (G) Department of Veterans Affairs. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3181ih/xml/BILLS-113hr3181ih.xml

113-hr-3182

I 113th CONGRESS 1st Session H. R. 3182 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Peters of California (for himself, Mr. Vargas , and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide grants to construct transportation and supporting infrastructure improvements at existing and new international border crossings. 1. Short title This Act may be cited as the Safe and Secure Border Infrastructure Act . 2. Establishment of safe and secure border infrastructure grants The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the governors of the border States, shall establish a grant program, which shall be administered by the Secretary of Transportation and the Administrator of General Services, to construct transportation and supporting infrastructure improvements at existing and new international border crossings to facilitate the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. 3. Eligibility The projects eligible to receive a grant under this Act shall include— (1) highway or bridge projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States Code; (3) demonstration and pilot projects related to innovative cross border systems management; and (4) passenger and freight rail transportation projects. 4. Applications To be eligible to receive a grant under this Act, a State or metropolitan planning organization located in a border region shall submit to the Secretary of Transportation an application that demonstrates— (1) an established master plan for border infrastructure investments that demonstrates awareness of the relevant border stakeholder interests at the Federal, State, and regional level; (2) that receipt of the grant applied for under this Act would complete an overall financing package; (3) the ability to provide a non-Federal match of 50 percent of the total cost of the project; (4) the satisfaction of all Federal and State environmental requirements prior to the submission of the application for the grant; and (5) a plan to obligate any funds received under this Act by the end of the fiscal year following the year in which those funds are awarded. 5. Primary selection criteria In awarding a grant under this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall give priority to projects that accomplish one or more of the following objectives: (1) Improve the safety and security at facilities in the United States, including ports of entry. (2) Facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) Implement innovative technologies that enhance safety, security, or efficiency at the border. (4) Coordinate a system of projects that improve security and systems efficiencies at ports of entry. (5) Facilitate economic development strategies with respect to safety and security. (6) Implement congestion relief and air quality management strategies to improve the environment. 6. Apportionment of funds Of the amounts appropriated to carry out this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall apportion such amounts as follows: (1) 20 percent in the ratio that—— (A) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (2) 30 percent in the ratio that— (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of all eligible border States. (3) 25 percent in the ratio that— (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (4) 25 percent of the ratio that— (A) the total number of land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of land border ports of entry within the boundaries of all eligible border States. 7. Definitions In this Act— (1) the term border region means any portion of a border State within 10 miles of an international land border with Canada or Mexico; (2) the term border State means any State that has an international land border with Canada or Mexico; (3) the term commercial truck means a commercial vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code; (4) the term motor vehicle has the meaning such term has under Section 154(a)(2) of title 23, United States Code; and (5) the term State has the meaning such term has in section 101(a)(25) of title 23.

https://www.govinfo.gov/content/pkg/BILLS-113hr3182ih/xml/BILLS-113hr3182ih.xml

113-hr-3183

I 113th CONGRESS 1st Session H. R. 3183 IN THE HOUSE OF REPRESENTATIVES September 25, 2013 Mr. Westmoreland (for himself, Mr. Renacci , Mr. Grimm , Mr. Jones , Mr. Lankford , Mr. Campbell , Mr. Luetkemeyer , Mr. Duffy , Mr. Bachus , Mr. Barr , Mr. Rothfus , Mrs. Wagner , Mr. Posey , Mr. Pearce , Mr. Fincher , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to provide consumers with a free annual disclosure of information the Bureau of Consumer Financial Protection maintains on them, and for other purposes. 1. Annual disclosure to consumers (a) In general Section 1022(c)(9) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(c)(9) ) is amended by adding at the end the following: (C) Annual disclosure to consumers (i) In general Once during any 12-month period, upon request of a consumer and without charge to the consumer, the Bureau shall clearly and accurately disclose to the consumer, before the end of the 15-day period beginning on the day the request is made, the following: (I) All information with respect to the consumer held by the Bureau at the time of the request, except that if the consumer to whom the information relates requests that the first 5 digits of the social security number (or similar identification number) of the consumer not be included in the disclosure, and the Bureau has received appropriate proof of the identity of the requester, the Bureau shall so truncate such number in such disclosure. (II) The sources of the information. (III) Any person or other Federal department or agency to which the Bureau disclosed information described under subclause (I). (ii) Method of request The Bureau shall allow consumers to make a request under clause (i)— (I) online, with a link prominently displayed on the Bureau’s website; (II) via United States mail; and (III) via a toll-free telephone number established by the Bureau for such purpose. . (b) Effective date Section 1022(c)(9)(C) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(c)(9)(C) ), as added by subsection (a), shall take effect with respect to consumer requests made after the 1-year period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3183ih/xml/BILLS-113hr3183ih.xml

113-hr-3184

I 113th CONGRESS 1st Session H. R. 3184 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Coffman (for himself and Mr. Cooper ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for auditable financial statements for the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Audit the Pentagon Act of 2013 . 2. Findings Congress makes the following findings: (1) Section 9 of Article I of the Constitution of the United States requires all agencies of the Federal Government, including the Department of Defense, to publish a regular statement and account of the receipts and expenditures of all public money . (2) Section 3515 of title 31, United States Code, requires the agencies of the Federal Government, including the Department of Defense, to present auditable financial statements beginning not later than March 1, 1997. The Department has not complied with this law. (3) The Federal Financial Management Improvement Act of 1996 ( 31 U.S.C. 3512 note) requires financial systems acquired by the Federal Government, including the Department of Defense, to be able to provide information to leaders to manage and control the cost of Government. The Department has not complied with this law. (4) The financial management of the Department of Defense has been on the High-Risk list of the Government Accountability Office, which means that the Department is not consistently able to control costs; ensure basic accountability; anticipate future costs and claims on the budget; measure performance; maintain funds control; [and] prevent and detect fraud, waste, and abuse . (5) The National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ) requires the Secretary of Defense to report to Congress annually on the reliability of the financial statements of the Department of Defense, to minimize resources spent on producing unreliable financial statements, and to use resources saved to improve financial management policies, procedures, and internal controls. (6) In 2005, the Department of Defense created a Financial Improvement and Audit Readiness (FIAR) Plan, overseen by a directorate within the office of the Under Secretary of Defense (Comptroller), to improve Department business processes with the goal of producing timely, reliable, and accurate financial information that could generate an audit-ready annual financial statement. In December 2005, that directorate, known as the FIAR Directorate, issued the first of a series of semiannual reports on the status of the Financial Improvement and Audit Readiness Plan. (7) The National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ) requires regular status reports on the Financial Improvement and Audit Readiness Plan described in paragraph (6), and codified as a statutory requirement the goal of the Plan in ensuring that Department of Defense financial statements are validated as ready for audit not later than September 30, 2017. In addition, the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ) requires that the statement of budgetary resources of the Department of Defense be validated as ready for audit by not later than September 30, 2014. (8) At a September 2010 hearing of the Senate, the Government Accountability Office stated that past expenditures by the Department of Defense of $5,800,000,000 to improve financial information, and billions of dollars more of anticipated expenditures on new information technology systems for that purpose, may not suffice to achieve full audit readiness of the financial statements of the Department. At that hearing, the Government Accountability Office could not predict when the Department would achieve full audit readiness of such statements. 3. Cessation of applicability of reporting requirements regarding the financial statements of the Department of Defense (a) Cessation of applicability (1) Military departments The financial statements of a military department shall cease to be covered by the reporting requirements specified in subsection (b) upon the issuance of an unqualified audit opinion on such financial statements. (2) Department of Defense The reporting requirements specified in subsection (b) shall cease to be effective when an unqualified audit opinion is issued on the financial statements of the Department of Defense, including each of the military departments and the other reporting entities defined by the Office of Management and Budget. (b) Reporting requirements The reporting requirements specified in this subsection are the following: (1) The requirement for annual reports in section 892(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 124 Stat. 4311; 10 U.S.C. 2306a note). (2) The requirement for semi-annual reports in section 1003(b) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2440; 10 U.S.C. 2222 note). (3) The requirement for annual reports in section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( 10 U.S.C. 2306a note). (4) The requirement for annual reports in section 1008(a) of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1204; 10 U.S.C. 113 note). (5) The requirement for periodic reports in section 908(b) of the Defense Acquisition Improvement Act of 1986 ( Public Law 99–500 ; 100 Stat. 1783–140; 10 U.S.C. 2326 note) and duplicate requirements as provided for in section 6 of the Defense Technical Corrections Act of 1987 ( Public Law 100–26 ; 101 Stat. 274; 10 U.S.C. 2302 note). 4. Enhanced reprogramming authority following achievement by Department of Defense and military departments of audit with unqualified opinion of statement of budgetary resources for fiscal years after fiscal year 2014 (a) Department of Defense generally Subject to section 6(1), if the Department of Defense obtains an audit with an unqualified opinion on its statement of budgetary resources for any fiscal year after fiscal year 2014, the limitation on the total amount of authorizations that the Secretary of Defense may transfer pursuant to general transfer authority available to the Secretary in the national interest in the succeeding fiscal year shall be $8,000,000,000. (b) Military departments, Defense Agencies, and defense field activities Subject to section 7(a), if a military department, Defense Agency, or defense field activity obtains an audit with an unqualified opinion on its statement of budgetary resources for any fiscal year after fiscal year 2014, the thresholds for reprogramming of funds of such military department, Defense Agency, or defense field activity, as the case may be, without prior notice to Congress for the succeeding fiscal year shall be deemed to be the thresholds as follows: (1) In the case of an increase or decrease to the program base amount for a procurement program, $60,000,000. (2) In the case of an increase or decrease to the program base amount for a research program, $30,000,000. (3) In the case of an increase or decrease to the amount for a budget activity for operation and maintenance, $45,000,000. (4) In the case of an increase or decrease to the amount for a budget activity for military personnel, $30,000,000. (c) Construction Nothing in this section shall be construed to alter or revise any requirement (other than a threshold amount) for notice to Congress on transfers covered by subsection (a) or reprogrammings covered by subsection (b) under any other provision of law. (d) Definitions In this section, the terms program base amount , procurement program , research program , and budget activity have the meanings given such terms in chapter 6 of volume 3 of the Financial Management Regulation of the Department of Defense (DoD 7000.14R), dated March 2011, or any successor document. 5. Failure to obtain audits with unqualified opinion of fiscal year 2015 general fund statement of budgetary resources of the Department of Defense (a) In general If the Department of Defense fails to obtain an audit with an unqualified opinion on its general fund statement of budgetary resources for fiscal year 2015 by December 31, 2015, the following shall take effect on January 1, 2016: (1) Additional qualifications and duties of USD (Comptroller) (A) Qualifications Any individual nominated for appointment to the position of Under Secretary of Defense (Comptroller) under section 135 of title 10, United States Code, shall be an individual who has served— (i) as the chief financial officer of a Federal or State agency that has received an audit with an unqualified opinion on such agency's financial statements during the time of such individual's service; or (ii) as the chief financial officer of a public company that has received an audit with an unqualified opinion on such company's financial statements during the time of such individual's service. (B) Duties and powers The duties and powers of the individual serving as Under Secretary of Defense (Comptroller) shall include, in addition to the duties and powers specified in section 135(c) of title 10, United States Code, such duties and powers with respect to the financial management of the Department of Defense as the Deputy Secretary of Defense (acting in the capacity of Chief Management Officer of the Department of Defense) or a successor official in the Department of Defense (acting in such capacity) may prescribe. (2) Additional qualifications and responsibilities of ASA for Financial Management (A) Qualifications Any individual nominated for appointment to the position of Assistant Secretary of the Army for Financial Management under section 3016 of title 10, United States Code, shall be an individual who has served— (i) as the chief financial officer of a Federal or State agency that has received an audit with an unqualified opinion on such agency's financial statements during the time of such individual's service; or (ii) as the chief financial officer of a public company that has received an audit with an unqualified opinion on such company's financial statements during the time of such individual's service. (B) Responsibilities The responsibilities of the individual serving as Assistant Secretary of the Army for Financial Management shall include, in addition to the responsibilities specified in section 3016(b)(4) of title 10, United States Code, such responsibilities as the Deputy Secretary of Defense (acting in the capacity of Chief Management Officer of the Department of Defense) or a successor official in the Department of Defense (acting in such capacity) may prescribe. (3) Additional qualifications and responsibilities of ASN for Financial Management (A) Qualifications Any individual nominated for appointment to the position of Assistant Secretary of the Navy for Financial Management under section 5016 of title 10, United States Code, shall be an individual who has served— (i) as the chief financial officer of a Federal or State agency that has received an audit with an unqualified opinion on such agency's financial statements during the time of such individual's service; or (ii) as the chief financial officer of a public company that has received an audit with an unqualified opinion on such company's financial statements during the time of such individual's service. (B) Responsibilities The responsibilities of the individual serving as Assistant Secretary of the Navy for Financial Management shall include, in addition to the responsibilities specified in section 5016(b)(3) of title 10, United States Code, such responsibilities as the Deputy Secretary of Defense (acting in the capacity of Chief Management Officer of the Department of Defense) or a successor official in the Department of Defense (acting in such capacity) may prescribe. (4) Additional qualifications and responsibilities of ASAF for Financial Management (A) Qualifications Any individual nominated for appointment to the position of Assistant Secretary of the Air Force for Financial Management under section 8016 of title 10, United States Code, shall be an individual who has served— (i) as the chief financial officer of a Federal or State agency that has received an audit with an unqualified opinion on such agency's financial statements during the time of such individual's service; or (ii) as the chief financial officer of a public company that has received an audit with an unqualified opinion on such company's financial statements during the time of such individual's service. (B) Responsibilities The responsibilities of the individual serving as Assistant Secretary of the Air Force for Financial Management shall include, in addition to the responsibilities specified in section 8016(b)(3) of title 10, United States Code, such responsibilities as the Deputy Secretary of Defense (acting in the capacity of Chief Management Officer of the Department of Defense) or a successor official in the Department of Defense (acting in such capacity) may prescribe. (b) Public company defined In this section, the term public company has the meaning given the term issuer in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201(7) ). 6. Failure of the Department of Defense to obtain audits with unqualified opinion of fiscal year 2018 financial statements If the Department of Defense fails to obtain an audit with an unqualified opinion on its general fund statement of budgetary resources for fiscal year 2018 by December 31, 2018: (1) Permanent cessation of enhanced general transfer authority Effective as of January 1, 2019, the authority in section 4(a) shall cease to be available to the Department of Defense for fiscal year 2018 and any fiscal year thereafter. (2) Reorganization of responsibilities of chief management officer Effective as of April 1, 2019: (A) Position of Chief Management Officer Section 132a of title 10, United States Code, is amended to read as follows: 132a. Chief Management Officer (a) In general (1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) Any individual nominated for appointment as Chief Management Officer shall be an individual who has— (A) extensive executive level leadership and management experience in the public or private sector; (B) strong leadership skills; (C) a demonstrated ability to manage large and complex organizations; and (D) a proven record in achieving positive operational results. (b) Powers and duties The Chief Management Officer shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. (c) Service as Chief Management Officer (1) The Chief Management Officer is the Chief Management Officer of the Department of Defense. (2) In serving as the Chief Management Officer of the Department of Defense, the Chief Management Officer shall be responsible for the management and administration of the Department of Defense with respect to the following: (A) The expenditure of funds, accounting, and finance. (B) Procurement, including procurement of any enterprise resource planning (ERP) system and any information technology (IT) system that is a financial feeder system, human resources system, or logistics system. (C) Facilities, property, nonmilitary equipment, and other resources. (D) Strategic planning, annual performance planning, and identification and tracking of performance measures. (E) Internal audits and management analyses of the programs and activities of the Department, including the Defense Contract Audit Agency. (F) Such other areas or matters as the Secretary of Defense may designate. (3) The head of the Defense Contract Audit Agency shall be under the supervision of, and shall report directly to, the Chief Management Officer. (d) Precedence The Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. . (B) Conforming amendments (i) Section 131(b) of title 10, United States Code, is amended— (I) by striking paragraph (3); (II) by redesignating paragraph (2) as paragraph (3); and (III) by inserting after paragraph (1) the following new paragraph (2): (2) The Chief Management Officer of the Department of Defense. . (ii) Section 132 of such title is amended— (I) by striking subsection (c); and (II) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (iii) Section 133(e)(1) of such title is amended by striking and the Deputy Secretary of Defense and inserting , the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense . (iv) Such title is further amended by inserting the Chief Management Officer of the Department of Defense, after the Deputy Secretary of Defense, each place it appears in the provisions as follows: (I) Section 133(e)(2). (II) Section 134(c). (v) Section 137a(d) of such title is amended by striking the Secretaries of the military departments, and all that follows and inserting the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense. . (vi) Section 138(d) of such title is amended by striking the Secretaries of the military departments, and all that follows through the period and inserting the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Director of Defense Research and Engineering. . (C) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 132a and inserting the following new item: 132a. Chief Management Officer. . (D) Executive schedule Section 5313 of title 5, United States Code, is amended by adding at the end the following: Chief Management Officer of the Department of Defense. . (E) Reference in law Any reference in any provision of law to the Chief Management Officer of the Department of Defense shall be deemed to refer to the Chief Management Officer of the Department of Defense under section 132a of title 10, United States Code (as amended by this paragraph). (3) Jurisdiction of DFAS Effective as of April 1, 2019: (A) Transfer to Department of the Treasury Jurisdiction of the Defense Finance and Accounting Service (DFAS) is transferred from the Department of Defense to the Department of the Treasury. (B) Administration The Secretary of the Treasury shall administer the Defense Finance and Accounting Service following transfer under this paragraph through the Financial Management Service of the Department of the Treasury. (C) Memorandum of understanding The Secretary of Defense and the Secretary of the Treasury shall jointly enter into a memorandum of understanding regarding the transfer of jurisdiction of the Defense Finance and Accounting Service under this paragraph. The memorandum of understanding shall provide for the transfer of the personnel and other resources of the Service to the Department of the Treasury and for the assumption of responsibility for such personnel and resources by the Department of the Treasury. (D) Construction Nothing in this paragraph shall be construed as terminating, altering, or revising any responsibilities or authorities of the Defense Finance and Accounting Service (other than responsibilities and authorities in connection with the exercise of jurisdiction of the Service following transfer under this paragraph). 7. Failure of the military departments to obtain audits with unqualified opinion of financial statements for fiscal years after fiscal year 2017 (a) Permanent cessation of authorities on reprogramming of funds If a military department fails to obtain an audit with an unqualified opinion on its financial statements for fiscal year 2018 by December 31, 2018, effective as of January 1, 2019, the authorities in section 4(b) shall cease to be available to the military department for fiscal year 2018 and any fiscal year thereafter. (b) Annual prohibition on expenditure of funds for certain MDAPs past Milestone B in connection with failure (1) Prohibition Effective for fiscal years after fiscal year 2017, if a military department fails to obtain an audit with an unqualified opinion on its financial statements for any fiscal year, effective as of the date of the issuance of the opinion on such audit, amounts available to the military department for the following fiscal year may not be obligated by the military department for a weapon or weapon system or platform being acquired as a major defense acquisition program for any activity beyond Milestone B approval unless such program has already achieved Milestone B approval as of the date of the issuance of the opinion on such audit. (2) Definitions In this subsection: (A) The term major defense acquisition program has the meaning given that term in section 2430 of title 10, United States Code. (B) The term Milestone B approval has the meaning given that term in section 2366(e)(7) of title 10, United States Code. 8. Enterprise resource planning The Secretary of Defense shall amend the acquisition guidance of the Department of Defense to provide for the following: (1) The Defense Business System Management Committee may not approve procurement of any Enterprise Resource Planning (ERP) business system that is independently estimated to take longer than three years to procure from initial obligation of funds to full deployment and sustainment. (2) Any contract for the acquisition of an Enterprise Resource Planning business system shall include a provision authorizing termination of the contract at no cost to the Government if procurement of the system takes longer than three years from initial obligation of funds to full deployment and sustainment. (3) Any implementation of an Enterprise Resource Planning system shall comply with each of the following: (A) The current Business Enterprise Architecture established by the Chief Management Officer of the Department of Defense. (B) The provisions of section 2222 of title 10, United States Code. (4) The Deputy Secretary of Defense (acting in the capacity of Chief Management Officer of the Department of Defense) or a successor official in the Department of Defense (acting in such capacity) shall have the authority to replace any program manager (whether in a military department or a Defense Agency) for the procurement of an Enterprise Resource Planning business system if procurement of the system takes longer than three years from initial obligation of funds to full deployment and sustainment. (5) Any integrator contract for the implementation of an Enterprise Resource Planning business system shall only be awarded to companies that have a history of successful implementation of other Enterprise Resource Planning business systems for the Federal Government (whether with the Department of Defense or another department or agency of the Federal Government), including meeting cost and schedule goals.

https://www.govinfo.gov/content/pkg/BILLS-113hr3184ih/xml/BILLS-113hr3184ih.xml

113-hr-3185

I 113th CONGRESS 1st Session H. R. 3185 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Gene Green of Texas (for himself, Ms. Jackson Lee , Mr. Al Green of Texas , Mr. Olson , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Buffalo Bayou National Heritage Area in the State of Texas, and for other purposes. 1. Short title This Act may be cited as the Buffalo Bayou National Heritage Area Act . 2. Definitions In this Act: (1) Heritage area The term Heritage Area means the Buffalo Bayou National Heritage Area, established in this Act. (2) Management entity The term management entity means the management entity for the Heritage Area designated by this Act. (3) Management plan The term management plan means the management plan for the Heritage Area required under this Act. (4) Map The term map means the map entitled Buffalo Bayou National Heritage Area Proposed Boundary , numbered T11/101,592, and dated March 2010. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Texas. 3. Buffalo Bayou National Heritage Area (a) Establishment There is established in the State the Buffalo Bayou National Heritage Area. (b) Boundaries The Heritage Area shall consist of areas included in the map in Harris County, Texas. (c) Map A map of the Heritage Area shall be— (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management entity The management entity for the Heritage Area shall be the Buffalo Bayou National Heritage Area Corporation. 4. Administration The management entity shall— (1) in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; and (5) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made). 5. Management plan (a) In general Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan shall— (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include— (A) an inventory of— (i) the resources located in the core area described in section 4(b); and (ii) any other property in the core area that— (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, and cultural resources of the Heritage Area; (D) a program of implementation for the management plan by the management entity that includes a description of actions to facilitate ongoing collaboration among partners to— (i) promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive the designation of a National Heritage Area under this Act until the date that the Secretary receives and approves the management plan. (d) Approval or disapproval of management plan (1) In general Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval If the Secretary disapproves the management plan under paragraph (1), the Secretary shall— (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan. 6. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 7. Private property protection Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 8. Water rights (a) Statement of policy Nothing in this Act is meant to modify the Rio Grande Natural Area Act. (b) Applicability Nothing in this Act— (1) amends, modifies, or is in conflict with the Act of May 31, 1939 (53 Stat. 785, chapter 155); (2) authorizes the regulation of private land in the Heritage Area; (3) authorizes the imposition of any mandatory streamflow requirements; (4) creates an express or implied Federal reserved water right; (5) imposes any Federal water quality standard within or upstream of the Heritage Area that is more restrictive than would be applicable had the Heritage Area not been established; or (6) prevents the State of Texas from acquiring an instream flow through the Heritage Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law. 9. Evaluation Report (a) In general Ten years after the establishment of the Heritage Area, the Secretary shall— (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the management entity with respect to— (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report (1) In general Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Submission to congress On completion of the report, the Secretary shall submit the report to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives.

https://www.govinfo.gov/content/pkg/BILLS-113hr3185ih/xml/BILLS-113hr3185ih.xml

113-hr-3186

I 113th CONGRESS 1st Session H. R. 3186 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Kind (for himself and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to Hank Aaron, in recognition of his contributions to the national pastime of baseball and his perseverance in overcoming discrimination and adversity to become a role model for all Americans. 1. Short title This Act may be cited as the Hank Aaron Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Henry Louis Hank Aaron was born in Mobile, Alabama, on February 5, 1934, to Herbert and Estella Aaron. (2) One of baseball’s greatest players, Hank Aaron broke many of the sport’s most distinguished records including the career home run record, which he held for over 33 years. (3) Hank Aaron began his baseball career while still in high school, playing semi-professionally for the Mobile Black Bears. He continued on to the Indianapolis Clowns whom he helped lead to victory in the Negro League World Series. (4) Hank Aaron rocketed through the Minor Leagues, being named the Northern League Rookie of the Year playing for the Eau Claire Bears in 1952 and MVP of the South Atlantic League playing for the Jacksonville Tars in 1953. (5) In 1954 Hank Aaron started his 23-year career in Major League Baseball playing for the Milwaukee Braves. He played with the Braves for 21 years, following them to Atlanta when they moved in 1966. In his final two years in the Major League, he played for the Milwaukee Brewers. (6) To this day, Hank Aaron holds several Major League records, including most career RBIs (2,297), most career extra base hits (1,477), most career total bases (6,856), and most consecutive seasons with 150 or more hits (17). (7) On April 8, 1974, Hank Aaron broke Babe Ruth's career home run record. At the end of his career, Hank Aaron had 755 home runs, a record that was not beaten until 2007 by Barry Bonds. (8) Hank Aaron made the All Star Team for 21 consecutive years, from 1955 to 1975. (9) Hank Aaron has received numerous awards for his prowess in Major League baseball, including 3 Golden Gloves, 2 National League batting titles, 4 National League home run champion titles, and the Major League Lou Gehrig Memorial Award. He was also named National League MVP in 1957. (10) Hank Aaron has been recognized for his success by many people and institutions. He was inducted into the Baseball Hall of Fame in 1982, received a Presidential Citizens Medal from President Bill Clinton, and a Presidential Medal of Freedom from President George W. Bush. He was awarded the Spingarn Medal from the NAACP (’76) for outstanding achievement by an African-American. (11) A great sportsman who constantly pushed the limits of the game, as well as the cultural limits of the time, Hank Aaron is a true American role model and will inspire Americans for generations to come. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Hank Aaron, in recognition of his contributions to the national pastime of baseball and his perseverance in overcoming discrimination and adversity to become a role model for all Americans. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter 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 The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 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 costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr3186ih/xml/BILLS-113hr3186ih.xml

113-hr-3187

I 113th CONGRESS 1st Session H. R. 3187 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Ms. Sinema (for herself and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To appropriate such funds as may be necessary to ensure that members of the Armed Forces, including reserve components thereof, and supporting civilian and contractor personnel continue to receive pay and allowances for active service performed when a Governmentwide shutdown occurs, and for other purposes. 1. Short title This Act may be cited as the Military Pay Protection Act of 2013 . 2. Emergency appropriation of funds to provide pay and allowances for members of the Armed Forces and supporting civilian and contractor personnel during Governmentwide shutdown During a Governmentwide shutdown, the Secretary of the Treasury shall make available to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard), out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide the following: (1) Pay and allowances (without interruption) to the following: (A) Members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the Governmentwide shutdown. (B) At the discretion of the Secretary of Defense, such civilian personnel of the Department of Defense who are providing support to the members of the Armed Forces described in paragraph (1) as the Secretary considers appropriate. (C) At the discretion of the Secretary of Defense, such personnel of contractors of the Department of Defense who are providing direct support to the members of the Armed Forces described in paragraph (1) as the Secretary considers appropriate. (2) Funding necessary to prevent interruptions or delays in the performance of domestic disaster relief and recovery operations during the Governmentwide shutdown. 3. Governmentwide shutdown defined In this Act, the term Governmentwide shutdown means any portion of a fiscal year during which none of the appropriation bills for the fiscal year have become law and an Act or joint resolution making continuing appropriations for the fiscal year is not in effect.

https://www.govinfo.gov/content/pkg/BILLS-113hr3187ih/xml/BILLS-113hr3187ih.xml

113-hr-3188

I 113th CONGRESS 1st Session H. R. 3188 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. McClintock (for himself, Mr. Bishop of Utah , Mrs. Lummis , Mr. LaMalfa , Mr. Walden , Mr. McCarthy of California , Mr. Nunes , Mr. Cook , Mr. Denham , Mr. Hastings of Washington , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expedite the planning and implementation of salvage timber sales as part of Forest Service and Department of the Interior restoration and rehabilitation activities for lands within the Stanislaus National Forest and Yosemite National Park and Bureau of Land Management lands adversely impacted by the 2013 Rim Fire in California. 1. Short title This Act may be cited as the Yosemite Rim Fire Emergency Salvage Act . 2. Expedited salvage timber sales in response to the California Rim Fire (a) Salvage timber sales required As part of the restoration and rehabilitation activities undertaken on the lands within the Stanislaus National Forest and Yosemite National Park and the Bureau of Land Management lands adversely impacted by the 2013 Rim Fire in California, the Secretary of Agriculture, with respect to affected Stanislaus National Forest lands, and the Secretary of the Interior, with respect to affected Yosemite National Park and Bureau of Land Management lands, shall promptly plan and implement salvage timber sales of dead, damaged, or downed timber resulting from that wildfire. (b) Expedited implementation (1) Legal sufficiency Due to the extraordinary severity of the Rim Fire occurring on the Federal lands described in subsection (a), salvage timber sales conducted under such subsection shall proceed immediately and to completion notwithstanding any other provision of law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and laws related to the management of timber within Yosemite National Park ( 16 U.S.C. 53 et seq. ). (2) Administrative and judicial review Salvage timber sales conducted under subsection (a) shall not be subject to— (A) administrative review, including, in the case of the Forest Service, the notice, comment, and appeal requirements of section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 ( Public Law 102–381 ; 16 U.S.C. 1612 note); or (B) judicial review in any court of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3188ih/xml/BILLS-113hr3188ih.xml

113-hr-3189

I 113th CONGRESS 1st Session H. R. 3189 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Tipton (for himself, Mr. Bishop of Utah , Mr. McClintock , Mr. Amodei , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the conditioning of any permit, lease, or other use agreement on the transfer, relinquishment, or other impairment of any water right to the United States by the Secretaries of the Interior and Agriculture. 1. Short title This Act may be cited as the Water Rights Protection Act . 2. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture— (1) shall not condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer or relinquishment of any water right directly to the United States, in whole or in part, granted under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact and the Secretary of the Interior and the Secretary of Agriculture; and (2) shall not require any water user to apply for a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement.

https://www.govinfo.gov/content/pkg/BILLS-113hr3189ih/xml/BILLS-113hr3189ih.xml

113-hr-3190

I 113th CONGRESS 1st Session H. R. 3190 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Chabot (for himself, Mr. Goodlatte , Mr. Conyers , Mr. Sensenbrenner , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the continued performance of the functions of the United States Parole Commission, and for other purposes. 1. Short title This Act may be cited as the United States Parole Commission Extension Act of 2013 . 2. Amendment of Sentencing Reform Act of 1984 For purposes of section 235(b) of the Sentencing Reform Act of 1984 ( 18 U.S.C. 3551 note; Public Law 98–473 ; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to 26 years or 26-year period shall be deemed a reference to 31 years or 31-year period , respectively. 3. Parole Commission report (a) In general Not later than 180 days after the date of enactment of this Act, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the following for fiscal years 2012 and 2013: (1) The number of offenders in each type of case over which the Commission has jurisdiction, including the number of Sexual or Violent Offender Registry offenders and Tier Levels offenders. (2) The number of hearings, record reviews and National Appeals Board considerations conducted by the Commission in each type of case over which the Commission has jurisdiction. (3) The number of hearings conducted by the Commission by type of hearing in each type of case over which the Commission has jurisdiction. (4) The number of record reviews conducted by the Commission by type of consideration in each type of case over which the Commission has jurisdiction. (5) The number of warrants issued and executed compared to the number requested in each type of case over which the Commission has jurisdiction. (6) The number of revocation determinations by the Commission in each type of case over which the Commission has jurisdiction. (7) The distribution of initial offenses, including violent offenses, for offenders in each type of case over which the Commission has jurisdiction. (8) The distribution of subsequent offenses, including violent offenses, for offenders in each type of case over which the Commission has jurisdiction. (9) The percentage of offenders paroled or re-paroled compared with the percentage of offenders continued to expiration of sentence (less any good time) in each type of case over which the Commission has jurisdiction. (10) The percentage of cases (except probable cause hearings and hearings in which a continuance was ordered) in which the primary and secondary examiner disagreed on the appropriate disposition of the case (the amount of time to be served before release), the release conditions to be imposed, or the reasons for the decision in each type of case over which the Commission has jurisdiction. (11) The percentage of decisions within, above, or below the Commission’s decision guidelines for Federal initial hearings (28 C.F.R. 2.20) and Federal and D.C. Code revocation hearings (28 C.F.R. 2.21). (12) The percentage of revocation and non-revocation hearings in which the offender is accompanied by a representative in each type of case over which the Commission has jurisdiction. (13) The number of administrative appeals and the action of the National Appeals Board in relation to those appeals in each type of case over which the Commission has jurisdiction. (14) The projected number of Federal offenders that will be under the Commission’s jurisdiction as of October 31, 2018. (15) An estimate of the date on which no Federal offenders will remain under the Commission’s jurisdiction. (16) The Commission’s annual expenditures for offenders in each type of case over which the Commission has jurisdiction. (17) The annual expenditures of the Commission, including travel expenses and the annual salaries of the members and staff of the Commission. (b) Succeeding fiscal years For each of fiscal years 2014 through 2018, not later than 90 days after the end of the fiscal year, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the items in paragraphs (1) through (17) of subsection (a), for the fiscal year. (c) District of Columbia parole failure rate report Not later than 180 days after the date of enactment of this Act, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the following: (1) The parole failure rate for the District of Columbia for the last full fiscal year immediately preceding the date of the report. (2) The factors that cause that parole failure rate. (3) Remedial measures that might be undertaken to reduce that parole failure rate.

https://www.govinfo.gov/content/pkg/BILLS-113hr3190ih/xml/BILLS-113hr3190ih.xml

113-hr-3191

I 113th CONGRESS 1st Session H. R. 3191 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Cohen (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to increase the maximum loan amount for loans under the microloan program. 1. Short title This Act may be cited as the Expanding Opportunities to Underserved Businesses Act . 2. Microloan amount maximum Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) is amended— (1) in paragraph (1)(B)(iii), by striking $50,000 and inserting $75,000 ; (2) in paragraph (3)(E), by striking $50,000 each place it appears and inserting $75,000 ; and (3) in paragraph (11)(B), by striking $50,000 and inserting $75,000 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3191ih/xml/BILLS-113hr3191ih.xml

113-hr-3192

I 113th CONGRESS 1st Session H. R. 3192 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to bring the Bureau of Consumer Financial Protection into the regular appropriations process, and for other purposes. 1. Short title This Act may be cited as the Bureau of Consumer Financial Protection Accountability Act of 2013 . 2. Bringing the Bureau into the regular appropriations process Section 1017 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497 ) is amended— (1) in subsection (a)— (A) by amending the heading of such subsection to read as follows: Budget, financial management, and audit.— ; (B) by striking paragraphs (1), (2), and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated— (i) by striking subparagraph (E); and (ii) by redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; and (4) in subsection (c), as so redesignated— (A) by striking paragraphs (1), (2), and (3) and inserting the following: (1) Authorization of appropriations There is authorized to be appropriated such funds as may be necessary to carry out this title for fiscal year 2015. ; and (B) by redesignating paragraph (4) as paragraph (2).

https://www.govinfo.gov/content/pkg/BILLS-113hr3192ih/xml/BILLS-113hr3192ih.xml

113-hr-3193

I 113th CONGRESS 1st Session H. R. 3193 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to strengthen the review authority of the Financial Stability Oversight Council of regulations issued by the Bureau of Consumer Financial Protection, and for other purposes. 1. Short title This Act may be cited as the Consumer Financial Protection Safety and Soundness Improvement Act of 2013 . 2. Council voting procedure Section 1023(c)(3)(A) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5513(c)(3)(A) ) is amended— (1) by striking 2/3 and inserting a majority ; and (2) by inserting before the period the following: , excluding the Director of the Bureau . 3. Review authority of the Council Section 1023 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5513 ) is amended— (1) in subsection (a)— (A) by striking may and inserting shall ; and (B) by striking regulation or provision would put the safety and soundness of the United States banking system or the stability of the financial system of the United States at risk and inserting regulation which is the subject of the petition is inconsistent with the safe and sound operations of United States financial institutions ; and (2) in subsection (c)— (A) in paragraph (3)(B)(ii), by striking would put the safety and soundness of the United States banking system or the stability of the financial system of the United States at risk and inserting is inconsistent with the safe and sound operations of United States financial institutions ; (B) in paragraph (4)— (i) by striking subparagraph (B); and (ii) by redesignating subparagraph (C) as subparagraph (B); (C) by striking paragraph (5); and (D) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. 4. Safety and soundness check Section 1022(b)(2)(A) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(b)(2)(A) ) is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by adding and at the end; and (3) by adding at the end the following: (iii) the impact of such rule on the financial safety or soundness of an insured depository institution; .

https://www.govinfo.gov/content/pkg/BILLS-113hr3193ih/xml/BILLS-113hr3193ih.xml

113-hr-3194

I 113th CONGRESS 1st Session H. R. 3194 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services , 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 Dodd-Frank Wall Street Reform and Consumer Protection Act to remove certain special deference provided by courts to the Bureau of Consumer Financial Protection when the Bureau is interpreting provisions of a Federal consumer financial law. 1. Short title This Act may be cited as the Bureau of Consumer Financial Protection Judicial Fairness Act . 2. Removal of special deference Section 1022(b)(4) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5512(b)(4) ) is amended by striking subparagraph (B).

https://www.govinfo.gov/content/pkg/BILLS-113hr3194ih/xml/BILLS-113hr3194ih.xml

113-hr-3195

I 113th CONGRESS 1st Session H. R. 3195 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Israel 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 provide for the designation of Foreign Intelligence Surveillance Court judges by the President, majority of the Supreme Court, Speaker and minority leader of the House of Representatives, and majority leader and minority leader of the Senate, and to provide for the public disclosure of Foreign Intelligence Surveillance Court decisions. 1. Short title This Act may be cited as the FISA Court Oversight Underscoring Responsibility and Transparency Act or the FISA COURT Act . 2. Designation of Foreign Intelligence Surveillance Court judges Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(a) ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following new paragraph: (1) (A) There is established a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this Act. (B) The court established under paragraph (1) shall consist of 11 publicly designated district court judges, of whom— (i) 2 judges shall be designated by the President; (ii) 1 judge shall be designated by a majority of the Supreme Court; (iii) 2 judges shall be designated by the Speaker of the House of Representatives; (iv) 2 judges shall be designated by the minority leader of the House of Representatives; (v) 2 judges shall be designated by the majority leader of the Senate; and (vi) 2 judges shall be designated by the minority leader of the Senate. (C) No judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this Act which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this Act, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b). ; and (2) in subsection (b), by striking The Chief Justice and inserting A majority of the Supreme Court . 3. Public availability of significant opinions of the Foreign Intelligence Surveillance Court Section 601 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) is amended— (1) in subsection (c)— (A) in the heading, by striking Submissions to Congress and inserting Submissions to Congress and public availability of certain opinions ; and (B) in the matter preceding paragraph (1)— (i) by striking The Attorney General and inserting Subject to subsection (d), the Attorney General ; and (ii) by inserting and make publicly available after in subsection (a) ; and (2) in subsection (d)— (A) by striking Protection of National Security.— The Attorney General and inserting the following: Protection of National Security.— (1) Redaction of materials The Attorney General ; (B) in paragraph (1), as designated under subparagraph (A), by inserting and made publicly available after in subsection (a) ; and (C) by adding at the end the following new paragraph: (2) Waiver of public availability (A) Waiver The Attorney General, in consultation with the Director of National Intelligence, may waive the requirement to make a decision, order, or opinion described in subsection (c) publicly available under such subsection if the Attorney General determines the public disclosure of such decision, order, or opinion (including public disclosure in redacted form) would cause harm to the national security of the United States. (B) Report The Attorney General shall quarterly make publicly available an estimate of the number of decisions, orders, or opinions for which the Attorney General waived under subparagraph (A) the requirement under subsection (c) to make such decisions, orders, or opinions publicly available and the reasons for waiving such requirement. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3195ih/xml/BILLS-113hr3195ih.xml

113-hr-3196

I 113th CONGRESS 1st Session H. R. 3196 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Latta (for himself and Mr. Gene Green of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to prohibit the Federal Communications Commission from adopting certain rules or policies relating to multichannel video programming distributors, and for other purposes. 1. Repeal of integration ban (a) In general Section 629 of the Communications Act of 1934 ( 47 U.S.C. 549 ) is amended— (1) in subsection (f), by striking Nothing and inserting Except as provided in subsection (g), nothing ; and (2) by adding at the end the following new subsection: (g) Integrated devices Nothing in this section or any other provision of this Act authorizes the Commission to adopt any rule or policy that prohibits a multichannel video programming distributor from placing into service navigation devices for sale, lease, or use that perform both conditional access and other functions in a single integrated device. Any such rule or policy adopted by the Commission prior to the date of enactment of this subsection shall cease to be effective on such date of enactment, and the Commission shall remove any such rule or policy from the rules of the Commission. . (b) Rule of construction Except as provided in subsection (g) of section 629 of the Communications Act of 1934, as added by subsection (a), nothing in this section or the amendments made by this section shall be construed to affect the authority of the Federal Communications Commission under such section 629.

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113-hr-3197

I 113th CONGRESS 1st Session H. R. 3197 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Latta (for himself, Mr. Thompson of Mississippi , Mr. Wittman , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture , Energy and Commerce , Transportation and Infrastructure , 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 protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title This Act may be cited as the Sportsmen’s Heritage And Recreational Enhancement Act of 2013 or the SHARE Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Hunting, Fishing and Recreational Shooting Protection Act Sec. 101. Short title. Sec. 102. Modification of definition. Title II—Target Practice and Marksmanship Training Support Act Sec. 201. Short title. Sec. 202. Findings; purpose. Sec. 203. Definition of public target range. Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 205. Limits on liability. Sec. 206. Sense of Congress regarding cooperation. Title III—Public Lands Filming Sec. 301. Purpose. Sec. 302. Annual permit and fee for film crews of 5 persons or fewer. Title IV—Polar Bear Conservation and Fairness Act Sec. 401. Short title. Sec. 402. Permits for importation of polar bear trophies taken in sport hunts in Canada. Title V—Permanent Electronic Duck Stamp Act Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Authority to issue electronic duck stamps. Sec. 504. State application. Sec. 505. State obligations and authorities. Sec. 506. Electronic stamp requirements; recognition of electronic stamp. Sec. 507. Termination of State participation. Title VI—Access to Water Resources Development Projects Act Sec. 601. Short title. Sec. 602. Protecting Americans from violent crime. Title VII—Wildlife and Hunting Heritage Conservation Council Advisory Committee Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory Committee. Title VIII—Recreational Fishing and Hunting Heritage and Opportunities Act Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Definitions. Sec. 804. Recreational fishing, hunting, and shooting. Title IX—Gulf of Mexico Red Snapper Conservation Act Sec. 901. Short title. Sec. 902. Definitions. Sec. 903. Data collection strategy for Gulf of Mexico red snapper. Sec. 904. Adopting a fishery management plan. Sec. 905. Review and certification by Secretary. Sec. 906. State implementation of the fishery management plan. Sec. 907. Commission oversight responsibilities. Sec. 908. Opportunity to remedy. Sec. 909. Closure of the Gulf of Mexico red snapper fishery. Sec. 910. Economic analysis and report. I Hunting, Fishing and Recreational Shooting Protection Act 101. Short title This title may be cited as the Hunting, Fishing, and Recreational Shooting Protection Act . 102. Modification of definition Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) ) is amended— (1) in clause (v), by striking , and and inserting , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, ; (2) in clause (vi) by striking the period at the end and inserting , and ; and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . II Target Practice and Marksmanship Training Support Act 201. Short title This title may be cited as the Target Practice and Marksmanship Training Support Act . 202. Findings; purpose (a) Findings Congress finds that— (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose The purpose of this title is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. 203. Definition of public target range In this title, the term public target range means a specific location that— (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. 204. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a ) is amended— (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) by inserting after paragraph (1) the following: (2) the term public target range means a specific location that— (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (b) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) ) is amended— (1) by striking (b) Each State and inserting the following: (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (2) in paragraph (1) (as so designated), by striking construction, operation, and inserting operation ; (3) in the second sentence, by striking The non-Federal share and inserting the following: (3) Non-Federal share The non-Federal share ; (4) in the third sentence, by striking The Secretary and inserting the following: (4) Regulations The Secretary ; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (c) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (2) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (3) in subsection (c)(1)— (A) by striking Amounts made and inserting the following: (A) In general Except as provided in subparagraph (B), amounts made ; and (B) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . 205. Limits on liability (a) Discretionary function For purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act ), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function. (b) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is— (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ); or (2) located on Federal land. 206. Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. III Public Lands Filming 301. Purpose The purpose of this title is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal lands and waterways. 302. Annual permit and fee for film crews of 5 persons or fewer (a) In General Section (1)(a) of Public Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by— (1) redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) striking The Secretary of the Interior and inserting (1) In General .—Except as provided by paragraph (3), the Secretary of the Interior ; (3) inserting (2) Other considerations .— before The Secretary may include other factors ; and (4) adding at the end the following new paragraph: (3) Special rules for film crews of 5 persons or fewer (A) For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal lands and waterways administered by the Secretary. The permit shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal lands waterways administered by the Secretary for a 12-month period beginning on the date of issuance of the permit. (B) For persons holding a permit described in this paragraph, the Secretary shall not assess, during the effective period of the permit, any additional fee for commercial filming activities and similar projects that occur in areas designated for public use during public hours on Federal lands and waterways administered by the Secretary. (C) In this paragraph, the term film crew includes all persons present on Federal land under the Secretary’s jurisdiction who are associated with the production of a certain film. (D) The Secretary shall not prohibit, as a motorized vehicle or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal lands and waterways administered by the Secretary. . (b) Recovery of Costs Section (1)(b) of Public Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by— (1) striking collect any costs and inserting recover any costs ; and (2) striking similar project and inserting similar projects . IV Polar Bear Conservation and Fairness Act 401. Short title This title may be cited as the Polar Bear Conservation and Fairness Act of 2013 . 402. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5)(D) ) is amended to read as follows: (D) (i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. (ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997. (iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act of 2013 . . V Permanent Electronic Duck Stamp Act 501. Short title This title may be cited as the Permanent Electronic Duck Stamp Act of 2013 . 502. Definitions In this title: (1) Actual stamp The term actual stamp means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 ( 16 U.S.C. 718a et seq. ) (popularly known as the Duck Stamp Act ), that is printed on paper and sold through the means established by the authority of the Secretary immediately before the date of enactment of this Act. (2) Automated licensing system (A) In general The term automated licensing system means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) Inclusion The term automated licensing system includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A). (3) Electronic stamp The term electronic stamp means an electronic version of an actual stamp that— (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this title, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 504(b). (4) Secretary The term Secretary means the Secretary of the Interior. 503. Authority to issue electronic duck stamps (a) In general The Secretary may authorize any State to issue electronic stamps in accordance with this title. (b) Consultation The Secretary shall implement this section in consultation with State management agencies. 504. State application (a) Approval of Application required The Secretary may not authorize a State to issue electronic stamps under this title unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program. (b) Contents of Application The Secretary may not approve a State application unless the application contains— (1) a description of the format of the electronic stamp that the State will issue under this title, including identifying features of the licensee that will be specified on the stamp; (2) a description of any fee the State will charge for issuance of an electronic stamp; (3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (4) the manner by which the State will transmit electronic stamp customer data to the Secretary; (5) the manner by which actual stamps will be delivered; (6) the policies and procedures under which the State will issue duplicate electronic stamps; and (7) such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (1) deadlines for submission of applications; (2) eligibility requirements for submitting applications; and (3) criteria for approving applications. 505. State obligations and authorities (a) Delivery of Actual Stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this title shall receive an actual stamp— (1) by not later than the date on which the electronic stamp expires under section 506(c); and (2) in a manner agreed upon by the State and Secretary. (b) Collection and transfer of electronic stamp revenue and customer information (1) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section— (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (B) the face value amount of each electronic stamp sold by the State; and (C) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (2) Time of transmittal The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (3) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this title, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority To Require Purchase of State License A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this title. 506. Electronic stamp requirements; recognition of electronic stamp (a) Stamp Requirements The Secretary shall require an electronic stamp issued by a State under this title— (1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp Any electronic stamp issued by a State under this title shall, during the effective period of the electronic stamp— (1) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (c) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. 507. Termination of State participation The authority of a State to issue electronic stamps under this title may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 504; and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. VI Access to Water Resources Development Projects Act 601. Short title This title may be cited as the Recreational Lands Self-Defense Act of 2013 . 602. Protecting Americans from violent crime (a) Findings Congress finds the following: (1) The Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed . (2) Section 327.13 of title 36, Code of Federal Regulations, provides that, except in special circumstances, possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited at water resources development projects administered by the Secretary of the Army. (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at such water resources development projects. (4) The Federal laws should make it clear that the second amendment rights of an individual at a water resources development project should not be infringed. (b) Protecting the right of individuals To bear arms at water resources development projects The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. VII Wildlife and Hunting Heritage Conservation Council Advisory Committee 701. Wildlife and Hunting Heritage Conservation Council Advisory Committee The Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ) is amended by adding at the end the following: 10. Wildlife and Hunting Heritage Conservation Council Advisory Committee (a) Establishment There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the Advisory Committee ) to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. (b) Duties of the advisory committee The Advisory Committee shall advise the Secretaries with regard to— (1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat ; (2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; (3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; (4) policies or programs to recruit and retain new hunters and shooters; (5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and (6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. (c) Membership (1) Appointment (A) In general The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members. (B) Ex officio members The ex officio members are— (i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; (ii) the Director of the Bureau of Land Management or a designated representative of the Director; (iii) the Director of the National Park Service or a designated representative of the Director; (iv) the Chief of the Forest Service or a designated representative of the Chief; (v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; (vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and (vii) the Executive Director of the Association of Fish and Wildlife Agencies. (C) Discretionary members The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: (i) State fish and wildlife agencies. (ii) Game bird hunting organizations. (iii) Wildlife conservation organizations. (iv) Big game hunting organizations. (v) Waterfowl hunting organizations. (vi) The tourism, outfitter, or guiding industry. (vii) The firearms or ammunition manufacturing industry. (viii) The hunting or shooting equipment retail industry. (ix) Hunting and shooting sports outreach and education organizations. (x) Tribal resource management organizations. (xi) The agriculture industry. (xii) The ranching industry. (D) Eligibility Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. (2) Terms (A) In general Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. (B) Terms of initial appointees As designated by the Secretary at the time of appointment, of the members first appointed— (i) 6 members shall be appointed for a term of 4 years; (ii) 5 members shall be appointed for a term of 3 years; and (iii) 5 members shall be appointed for a term of 2 years. (3) Preservation of public advisory status No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. (4) Vacancy and removal (A) In general Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. (B) Removal Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. (5) Continuation of service Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. (6) Chairperson The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. (7) Pay and expenses Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee shall be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). (8) Meetings (A) In general The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. (B) Open meetings Each meeting of the Advisory Committee shall be open to the public. (C) Prior notice of meetings Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. (D) Subgroups The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. (9) Quorum Nine members of the Advisory Committee shall constitute a quorum. (d) Expenses The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. (e) Administrative support, technical services, and advice A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. (f) Annual report (1) Required Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. (2) Contents The report required by paragraph (1) shall describe— (A) the activities of the Advisory Committee during the preceding year; (B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and (C) an accounting of actions taken by the Secretaries as a result of the recommendations. (g) Federal advisory committee act The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (h) Abolishment of the existing wildlife and hunting heritage conservation council advisory committee Effective on the date of the enactment of this Act, the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes ( 43 U.S.C. 1457 ), the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a ), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished. . VIII Recreational Fishing and Hunting Heritage and Opportunities Act 801. Short title This title may be cited as the Recreational Fishing and Hunting Heritage and Opportunities Act . 802. Findings Congress finds that— (1) recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2) recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3) recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal public lands and waters without adverse effects on other uses or users; (4) recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5) recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, and stamps, as well as excise taxes on fishing, hunting, and shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6) recreational shooting is also an important and traditional activity in which millions of Americans participate, safe recreational shooting is a valid use of Federal public lands, including the establishment of safe and convenient shooting ranges on such lands, and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (7) opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (8) the public interest would be served, and our citizens’ fish and wildlife resources benefitted, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal public land as recognized by Executive Order No. 12962, relating to recreational fisheries, and Executive Order No. 13443, relating to facilitation of hunting heritage and wildlife conservation. 803. Definitions In this title: (1) Federal public land The term Federal public land means any land or water that is owned and managed by the Bureau of Land Management or the Forest Service. (2) Federal public land management officials The term Federal public land management officials means— (A) the Secretary of the Interior and Director of Bureau of Land Management regarding Bureau of Land Management lands and waters; and (B) the Secretary of Agriculture and Chief of the Forest Service regarding the National Forest System. (3) Hunting (A) In general Except as provided in subparagraph (B), the term hunting means use of a firearm, bow, or other authorized means in the lawful— (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or (iii) the training of hunting dogs, including field trials. (B) Exclusion The term hunting does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law). (4) Recreational fishing The term recreational fishing means the lawful— (A) pursuit, capture, collection, or killing of fish; or (B) attempt to capture, collect, or kill fish. (5) Recreational shooting The term recreational shooting means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. 804. Recreational fishing, hunting, and shooting (a) In general Subject to valid existing rights and subsection (g), and cooperation with the respective State fish and wildlife agency, Federal public land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, sport hunting, and recreational shooting, except as limited by— (1) statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (2) any other Federal statute that specifically precludes recreational fishing, hunting, or shooting on specific Federal public lands, waters, or units thereof; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b) Management Consistent with subsection (a), the head of each Federal public land management agency shall exercise its land management discretion— (1) in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (c) Planning (1) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or shooting Federal public land planning documents, including land resources management plans, resource management plans, and comprehensive conservation plans, shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting. (2) No major federal action No action taken under this title, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd ), either individually or cumulatively with other actions involving Federal public lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required. (3) Other activity not considered Federal public land management officials are not required to consider the existence or availability of recreational fishing, hunting, or shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal public lands are open for these activities or in the setting of levels of use for these activities on Federal public lands, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (d) Federal public lands (1) Lands open Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing Federal agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interest, national security, or compliance with other law. (2) Shooting ranges (A) In general The head of each Federal agency shall use his or her authorities in a manner consistent with this title and other applicable law, to— (i) lease or permit use of lands under the jurisdiction of the agency for shooting ranges; and (ii) designate specific lands under the jurisdiction of the agency for recreational shooting activities. (B) Limitation on liability Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (e) Necessity in wilderness areas and within and supplemental to wilderness purposes (1) Minimum requirements for administration The provision of opportunities for hunting, fishing and recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that this determination shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act ( 16 U.S.C. 1131 et seq. ), or permanent road construction or maintenance within designated wilderness areas. (2) Application of Wilderness Act Provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), stipulating that wilderness purposes are within and supplemental to the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, the head of each Federal agency shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or use within designated wilderness areas. (f) Report Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the head of each Federal agency who has authority to manage Federal public land on which fishing, hunting, or recreational shooting occurs 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— (1) any Federal public land administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and (2) the reason for the closure. (g) Closures or significant restrictions of 640 or more acres (1) In general Other than closures established or prescribed by land planning actions referred to in subsection (d) or emergency closures described in paragraph (3) of this subsection, a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land that effectively closes or significantly restricts 640 or more contiguous acres of Federal public land to access or use for fishing or hunting or activities related to fishing, hunting, or both, shall take effect only if, before the date of withdrawal or change, the head of the Federal agency that has jurisdiction over the Federal public land— (A) publishes appropriate notice of the withdrawal or change, respectively; (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and (C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (2) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts 1,280 or more acres of land or water, such withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1). (3) Emergency closures Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this title. (h) National park service units not affected Nothing in this title shall affect or modify management or use of units of the National Park System. (i) No priority Nothing in this title requires a Federal land management agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (j) Consultation with councils In fulfilling the duties set forth in this title, the heads of Federal agencies shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443. (k) Authority of the States (1) In general Nothing in this title shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (2) Federal licenses Nothing in this title shall be construed to authorize the head of a Federal agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States, except that this paragraph shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718 et seq. ). IX Gulf of Mexico Red Snapper Conservation Act 901. Short title This title may be cited as the Gulf of Mexico Red Snapper Conservation Act of 2013 . 902. Definitions In this title: (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 outer 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. 903. Data collection strategy for Gulf of Mexico red snapper Not later than one year after the date of the enactment of this title, 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. 904. Adopting a fishery management plan (a) In general Not later than one year after the date of the enactment of this title, 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 title 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 end of the 3-year period beginning on the date of the enactment of this title. (3) If there is a reduction in the stock of Gulf of Mexico red snapper before the end of the period described 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. 905. Review and certification by Secretary (a) Plan review The Secretary shall review the fishery management plan submitted pursuant to section 904 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 904. (d) Time for Secretary response If the Secretary fails to act pursuant to subsection (b) within 120 days after receipt of the fishery management plan, the plan shall be treated as certified by the Secretary. 906. 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 after 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 904, 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). 907. Commission oversight responsibilities (a) Implementation and enforcement of fishery management measures In December of the year following the transfer of management described in section 906(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. 908. Opportunity to remedy (a) In general If the Commission finds that a Gulf coastal State is noncompliant under section 907, 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. 909. 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 908(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. 910. 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 title, 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-113hr3197ih/xml/BILLS-113hr3197ih.xml

113-hr-3198

I 113th CONGRESS 1st Session H. R. 3198 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Pearce 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 government subsidies for the purchase of health plans by Members of Congress and congressional staff and to apply to Delegates and Resident Commissioners to the Congress, and to employees of committees and leadership offices of Congress, the requirement of such Act that the only health plans that the Federal Government may make available to Members of Congress and congressional staff are plans created or offered through an Exchange established under such Act. 1. Short title This Act may be cited as the No Special Treatment for Congress Act . 2. No health care subsidies for Members of Congress and congressional staff; application of requirements to Delegates, Resident Commissioners to Congress, committee staff, and leadership office staff Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended by striking clause (ii) and inserting the following clauses: (ii) No premium assistance for Members of Congress and congressional staff 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 or congressional staff pursuant to clause (i). (iii) Member of Congress defined In this subparagraph, the term Member of Congress means any member of the House of Representatives or the Senate and includes a Delegate or Resident Commissioner to the Congress. (iv) Congressional staff In this subparagraph, the term Congressional staff means a full-time or part-time employee of any of the following offices: (I) The office of any Member of Congress. (II) The office of any standing, select, or joint committee of Congress. (III) An office of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading House Leadership Offices in the act making appropriations for the Legislative Branch for the fiscal year involved (in addition to any office of a Member of Congress referred to in subclause (I)). (IV) 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 (in addition to any office of a Member of Congress referred to in subclause (I)). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3198ih/xml/BILLS-113hr3198ih.xml

113-hr-3199

I 113th CONGRESS 1st Session H. R. 3199 IN THE HOUSE OF REPRESENTATIVES September 26, 2013 Mr. Stockman (for himself, Mr. Posey , Mr. Gohmert , Mr. Olson , Mr. LaMalfa , Mr. Weber of Texas , and Mr. Burgess ) introduced the following bill; which was referred to the Committee on Armed Services , 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 safeguard military and civilian personnel on military bases by repealing bans on military personnel carrying firearms, and for other purposes. 1. Short title This Act may be cited as the Safe Military Bases Act . 2. Repeal of laws and regulations disarming firearms-trained military personnel and prohibition on reimposing bans on military personnel carrying firearms (a) Definitions In this section: (1) The term firearms means only handguns. (2) The term military personnel means all members of the Armed Forces who are trained by the Armed Forces in the use of firearms. (b) Findings Congress makes the following findings: (1) In both the Fort Hood and Navy Yard shootings, military personnel unable to carry firearms by the military gun bans were unable to stop the shooters. (2) Military personnel are trained in firearms use and are prepared to protect and defend the United States at all times. (3) Military personnel are entrusted with firearms and other weapons in the defense of the United States. (4) Gun free zones attract mass-murderers. The Aurora, Colorado, shooter selected the single theater in the area that banned concealed-carry. (5) Following the Fort Hood terrorist attack, the world—including the Navy Yard shooter—learned that post-gun-ban military bases are inadequately defended targets. Such shootings may happen again as long as military personnel are disarmed. (c) Repeal of laws and regulations disarming firearms-Trained military personnel (1) Repeal Effective on the date of the enactment of this Act— (A) Army Regulation 190–14, issued on March 12, 1993, is repealed; and (B) Department of Defense Directive Number 5210.56, issued on November 1, 2001, as modified on January 24, 2002, and by any subsequent modification, is repealed. (2) Effect of other firearm bans Effective on the date of the enactment of this Act, any provision in any other law, rule, regulation, or Executive order that prohibits military personnel trained in firearms from carrying officially issued or personally owned firearms on military bases shall have no force or effect with regard to such military personnel, and such military personnel shall not be prohibited from carrying officially issued or personally owned firearms on military bases. This paragraph includes the relevant provisions in section 1585 of title 10, United States Code (relating to carrying of firearms), section 922 of title 18, United States Code (relating to unlawful acts), and part 108.11 of title 14, Code of Federal Regulations (relating to carriage of weapons). (d) Prohibition on military personnel gun bans (1) Department of defense The Secretary of Defense and the Secretaries of the military departments shall not reinstate the firearm bans referred to in subsection (c) or enact similar restrictions prohibiting or restricting military personnel from carrying firearms. (2) President The President shall not take any executive action or promulgate any rule or issue any Executive order or regulation to prohibit military personnel from carrying firearms. (e) Reporting requirement The Secretary of Defense shall submit to Congress, not later than 90 days after the date of the enactment of this Act, a report describing the actions taken to ensure compliance with this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr3199ih/xml/BILLS-113hr3199ih.xml

113-hr-3200

I 113th CONGRESS 1st Session H. R. 3200 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a fund to make payments to the Americans held hostage in Iran from 1979 through 1981, and to members of their families, and for other purposes. 1. Short title This Act may be cited as the Justice for Former American Hostages in Iran Act of 2013 . 2. American hostages in Iran Compensation Fund (a) Establishment There is established in the Treasury a fund, to be known as the American Hostages in Iran Compensation Fund (in this section referred to as the Fund ) for the purpose of making payments to the Americans held hostage in the United States Embassy in Tehran, Iran, in the Iranian Foreign Ministry in Tehran, Iran, and in other locations throughout the nation of Iran, between November 3, 1979, and January 20, 1981, and to members of their families, who are identified as members of the proposed class in case number 1:08–CV–00487 (EGS) of the United States District Court for the District of Columbia. (b) Funding (1) Imposition of surcharge (A) In general There is imposed a surcharge equal to 30 percent of the amount of— (i) any fine or monetary penalty assessed, in whole or in part, on a person for a violation of a law or regulation specified in subparagraph (B) related to any conduct which occurs or continues after the date of the enactment of this Act, even if commenced before such date of enactment; or (ii) the monetary amount of a settlement entered into by a person with respect to a suspected violation of a law or regulation specified in subparagraph (B) agreed to by the United States after the date of the enactment of this Act. The amount referred to in clause (ii) shall not include any amount of judgment or settlement in any action brought or which could be brought pursuant to section 1605A of title 28, United States Code, or section 1605(a)(7) of title 28, United States Code (as such section 1605(a)(7) was in effect on the day before the date of the enactment of National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 )). (B) Laws and regulations specified A law or regulation specified in this subparagraph is any law or regulation that provides for a civil or criminal fine or other monetary penalty for any economic activity relating to Iran that is administered by the Department of the Treasury, the Department of Justice, or the Department of Commerce. (C) Termination of deposits The imposition of the surcharge under subparagraph (A) shall terminate on the date on which all amounts described in subsection (c)(2) have been distributed to all recipients described in that subsection. (2) Deposits into fund; availability of amounts (A) Deposits All surcharges collected pursuant to paragraph (1)(A) shall be deposited into the Fund. (B) Payment of surcharge A person on whom a surcharge is imposed under paragraph (1)(A) shall pay the surcharge to the Fund without regard to whether the fine, penalty, or settlement to which the surcharge applies— (i) is paid directly to the Federal agency that administers the relevant law or regulation specified in paragraph (1)(B); or (ii) is deemed satisfied by a payment to another Federal agency. (C) Contributions The Secretary of State is authorized to accept such amounts as may be contributed by individuals, business concerns, foreign governments, or other entities for payments under this Act. Such amounts shall be deposited directly into the Fund. (D) Availability of amounts in fund Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (c). (c) Distribution of funds (1) Administration of fund Payments from the Fund shall be administered by the Secretary of State, pursuant to such rules and processes as the Secretary, in the Secretary’s sole discretion, may establish. (2) Payments Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts: (A) To each living former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage. (B) To the estate of each deceased former hostage, $150,000, plus $10,000 for each day of captivity of the former hostage. (C) To each spouse or child of a former hostage identified as a member of the proposed class described in subsection (a) if the spouse or child is identified as a member of that proposed class, $5,000 for each day of captivity of the former hostage. (3) Priority Payments from the Fund shall be distributed under paragraph (2) in the following order: (A) First, to each living former hostage described in paragraph (2)(A). (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B). (C) Third, to each spouse or child of a former hostage described in paragraph (2)(C). (4) Consent of recipient A payment to a recipient from the Fund under paragraph (2) shall be made only after receiving the consent of the recipient. (d) Waiver A recipient of a payment under subsection (c) shall waive and forever release all existing claims against Iran and the United States arising out of the events described in subsection (a). (e) Notification of claimants; limitation on review (1) Notification The Secretary of State shall notify, in a reasonable manner, each individual qualified to receive a payment under subsection (c) of the status of the individual’s claim for such a payment. (2) Submission of additional information If the claim of an individual to receive a payment under subsection (c) is denied, or is approved for payment of less than the full amount of the claim, the individual shall be entitled to submit to the Secretary additional information with respect to the claim. Upon receipt and consideration of that information, the Secretary may affirm, modify, or revise the former action of the Secretary with respect to the claim. (3) Limitation on review The actions of the Secretary in identifying qualifying claimants and in disbursing amounts from the Fund shall be final and conclusive on all questions of law and fact and shall not be subject to review by any other official, agency, or establishment of the United States or by any court by mandamus or otherwise. (f) Deposit of remaining funds into the treasury (1) In general Any amounts remaining in the Fund after the date specified in paragraph (2) shall be deposited in the general fund of the Treasury. (2) Date specified The date specified in this paragraph is the later of— (A) the date on which all amounts described in subsection (c)(2) have been made to all recipients described in that subsection; or (B) the date that is 5 years after the date of the enactment of this Act. (g) Report to congress Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in subsection (f)(2), the Secretary of State shall submit to the appropriate congressional committees a report on the status of the Fund, including— (1) the amounts and sources of money deposited into the Fund; (2) the rules and processes established to administer the Fund; and (3) the distribution of payments from the Fund. (h) Satisfaction of claims Payments to the Fund shall be made until the amounts described in subsection (c)(2) are satisfied in full. In the event that the President determines that— (1) any of the laws and regulations referenced in subsection (b)(1)(B) are reduced in scope or effect, or (2) the amounts described in subsection (c)(2) cannot be fully satisfied within 2 years after the date of the enactment of this Act from funds deposited into the Fund, the President shall propose to Congress a program, either employing existing authorities or through new legislative initiatives, to ensure the amounts are satisfied in full within the next 12 months. (i) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Person The term person includes any individual or entity subject to the civil or criminal jurisdiction of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3200ih/xml/BILLS-113hr3200ih.xml

113-hr-3201

I 113th CONGRESS 1st Session H. R. 3201 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. Barrow of Georgia introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Coal Heritage Area Act of 1996 to reauthorize the Augusta Canal National Heritage Area. 1. Short title This Act may be cited as the Augusta Canal National Heritage Area Reauthorization Act of 2013 . 2. Reauthorization of Augusta Canal National Heritage Area Section 310 of the National Coal Heritage Area Act of 1996 ( 16 U.S.C. 461 note; Division II of Public Law 104–333 ) is amended by striking September 30, 2013 and inserting September 30, 2023 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3201ih/xml/BILLS-113hr3201ih.xml

113-hr-3202

I 113th CONGRESS 1st Session H. R. 3202 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Ms. Jackson Lee (for herself, Mr. Thompson of Mississippi , and Mrs. Miller of Michigan ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes. 1. Short title This Act may be cited as the Essential Transportation Worker Identification Credential Assessment Act . 2. Comprehensive security assessment of the transportation security card program (a) In general Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States a comprehensive assessment of the effectiveness of the transportation security card program under section 70105 of title 46, United States Code, at enhancing security or reducing security risks for facilities and vessels regulated pursuant to section 102 of Public Law 107–295 , as conducted by an independent not-for-profit laboratory with appropriate expertise. (b) Contents The comprehensive assessment shall include— (1) an evaluation of the extent to which the program, as implemented, addresses known security risks in the maritime environment; (2) an evaluation of the extent to which internal control deficiencies identified by the Comptroller General have been addressed; and (3) a cost-benefit analysis of the program, as implemented, and a consideration of alternate biometric technologies that provide the same or greater security effectiveness, including— (A) technologies and programs, including the biometric entry and exit system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 8 U.S.C. 1365b ); (B) technologies and programs operated by United States port facilities and vessels, particularly for purposes of access control to critical infrastructure; (C) international technologies and programs that are operational, particularly for purposes of access control to critical infrastructure; and (D) new and emerging technologies. (c) Corrective action plan; program reforms Not later than 60 days after the Secretary submits the assessment under subsection (a), the Secretary shall issue a corrective action plan based on such assessment that responds to the findings of the cost-benefit analysis under subsection (b)(2) and enhances security or reduces security risk for facilities and vessels referred to in subsection (a). The plan may include programmatic reforms, revisions to regulations, or proposals for legislation. (d) Comptroller General review Not later than 120 days after the Secretary issues the corrective action plan under subsection (c), the Comptroller General shall— (1) review the extent to which the submissions implement recommendations issued by the Comptroller General; and (2) inform the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as to the responsiveness of the submission. (e) Transportation security card reader rule The Secretary of Homeland Security may not issue a final rule requiring the use of transportation security card readers until— (1) the Comptroller General informs the Committees on Homeland Security of the House of Representatives and Commerce, Science and Transportation of the Senate that the submission under subsection (a) is substantially responsive to the recommendations of the Comptroller General; and (2) the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards.

https://www.govinfo.gov/content/pkg/BILLS-113hr3202ih/xml/BILLS-113hr3202ih.xml

113-hr-3203

I 113th CONGRESS 1st Session H. R. 3203 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide the people of the United States with an opportunity to make gifts to the United States Government to be used for the purpose of providing public tours of the White House. 1. Short title This Act may be cited as the Restore the Tour Act . 2. Gifts to fund public tours of the White House Chapter 2 of title 3, United States Code, is amended— (1) by inserting after section 110 the following: 110A. Gifts to fund public tours of the White House (a) In general To provide the people of the United States with an opportunity to make gifts to the United States Government to be used for the purpose of providing public tours of the White House— (1) the Secretary of the Treasury may accept for the Government a gift of— (A) money made only on the condition that it be used to provide public tours of the White House; (B) other intangible personal property made only on the condition that the property is sold and the proceeds from the sale used to provide public tours of the White House; and (2) the Administrator of General Services may accept for the Government a gift of tangible property made only on the condition that it be sold and the proceeds from the sale be used to provide public tours of the White House. (b) Authority To reject certain gifts The Secretary and the Administrator each may reject a gift under this section when the rejection is in the interest of the Government. (c) Conversion of non-Money gifts to money The Secretary and the Administrator shall convert a gift either of them accepts under subsection (a)(1)(B) or (2) of this section to money on the best terms available. If a gift accepted under subsection (a) of this section is subject to a gift or inheritance tax, the Secretary or the Administrator may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. (d) Special account The Treasury has an account into which money received as gifts and proceeds from the sale or redemption of gifts under this section shall be deposited. (e) Use of funds The Secretary shall make all funds in the account described under subsection (d) available to the Executive Office of the President, without further appropriation, and such funds shall be used to provide public tours of the White House. ; and (2) in the table of analysis for such chapter, by inserting after the item relating to section 110 the following: 110A. Gifts to fund public tours of the White House. .

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113-hr-3204

I 113th CONGRESS 1st Session H. R. 3204 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Federal Food, Drug, and Cosmetic Act with respect to human drug compounding and drug supply chain security, and for other purposes. 1. Short title This Act may be cited as the Drug Quality and Security Act . 2. References in Act; table of contents (a) References in Act Except as otherwise specified, amendments made by this Act to a section or other provision of law are amendments to such section or other provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. References in Act; table of contents. TITLE I—Drug compounding Sec. 101. Short title. Sec. 102. Voluntary outsourcing facilities. Sec. 103. Penalties. Sec. 104. Regulations. Sec. 105. Enhanced communication. Sec. 106. Severability. Sec. 107. GAO study. TITLE II—Drug Supply Chain Security Sec. 201. Short title. Sec. 202. Pharmaceutical distribution supply chain. Sec. 203. Enhanced drug distribution security. Sec. 204. National standards for prescription drug wholesale distributors. Sec. 205. National standards for third-party logistics providers; uniform national policy. Sec. 206. Penalties. Sec. 207. Conforming amendment. Sec. 208. Savings clause. I Drug compounding 101. Short title This Act may be cited as the Compounding Quality Act . 102. Voluntary outsourcing facilities (a) In general Subchapter A of chapter V ( 21 U.S.C. 351 et seq. ) is amended— (1) by redesignating section 503B as section 503C; and (2) by inserting after section 503A the following new section: 503B. Outsourcing facilities (a) In general Sections 502(f)(1), 505, and 582 shall not apply to a drug compounded by or under the direct supervision of a licensed pharmacist in a facility that elects to register as an outsourcing facility if each of the following conditions is met: (1) Registration and reporting The drug is compounded in an outsourcing facility that is in compliance with the requirements of subsection (b). (2) Bulk drug substances The drug is compounded in an outsourcing facility that does not compound using bulk drug substances (as defined in section 207.3(a)(4) of title 21, Code of Federal Regulations (or any successor regulation)), unless— (A) (i) the bulk drug substance appears on a list established by the Secretary identifying bulk drug substances for which there is a clinical need, by— (I) publishing a notice in the Federal Register proposing bulk drug substances to be included on the list, including the rationale for such proposal; (II) providing a period of not less than 60 calendar days for comment on the notice; and (III) publishing a notice in the Federal Register designating bulk drug substances for inclusion on the list; or (ii) the drug compounded from such bulk drug substance appears on the drug shortage list in effect under section 506E at the time of compounding, distribution, and dispensing; (B) if an applicable monograph exists under the United States Pharmacopeia, the National Formulary, or another compendium or pharmacopeia recognized by the Secretary for purposes of this paragraph, the bulk drug substances each comply with the monograph; (C) 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 (D) the bulk drug substances are each accompanied by a valid certificate of analysis. (3) Ingredients (other than bulk drug substances) If any ingredients (other than bulk drug substances) are used in compounding the drug, such ingredients comply with the standards of the applicable United States Pharmacopeia or National Formulary monograph, if such monograph exists, or of another compendium or pharmacopeia recognized by the Secretary for purposes of this paragraph if any. (4) Drugs withdrawn or removed because unsafe or not effective The drug does not appear on a list published by the Secretary of drugs that have been withdrawn or removed from the market because such drugs or components of such drugs have been found to be unsafe or not effective. (5) Essentially a copy of an approved drug The drug is not essentially a copy of one or more approved drugs. (6) Drugs presenting demonstrable difficulties for compounding The drug— (A) is not identified (directly or as part of a category of drugs) on a list published by the Secretary, through the process described in subsection (c), of drugs or categories of drugs that present demonstrable difficulties for compounding that are reasonably likely to lead to an adverse effect on the safety or effectiveness of the drug or category of drugs, taking into account the risks and benefits to patients; or (B) is compounded in accordance with all applicable conditions identified on the list described in subparagraph (A) as conditions that are necessary to prevent the drug or category of drugs from presenting the demonstrable difficulties described in subparagraph (A). (7) Elements to assure safe use In the case of a drug that is compounded from a drug that is the subject of a risk evaluation and mitigation strategy approved with elements to assure safe use pursuant to section 505–1, or from a bulk drug substance that is a component of such drug, the outsourcing facility demonstrates to the Secretary prior to beginning compounding that such facility will utilize controls comparable to the controls applicable under the relevant risk evaluation and mitigation strategy. (8) Prohibition on wholesaling The drug will not be sold or transferred by an entity other than the outsourcing facility that compounded such drug. This paragraph does not prohibit administration of a drug in a health care setting or dispensing a drug pursuant to a prescription executed in accordance with section 503(b)(1). (9) Fees The drug is compounded in an outsourcing facility that has paid all fees owed by such facility pursuant to section 744K. (10) Labeling of drugs (A) Label The label of the drug includes— (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; (ii) the name, address, and phone number of the applicable outsourcing facility; and (iii) with respect to the drug— (I) the lot or batch number; (II) the established name of the drug; (III) the dosage form and strength; (IV) the statement of quantity or volume, as appropriate; (V) the date that the drug was compounded; (VI) the expiration date; (VII) storage and handling instructions; (VIII) the National Drug Code number, if available; (IX) the statement Not for resale , and, if the drug is dispensed or distributed other than pursuant to a prescription for an individual identified patient, the statement Office Use Only ; 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 the drug 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 (or any successor Internet Web site or phone number); and (iii) directions for use, including, as appropriate, dosage and administration. (C) Additional information The label and labeling of the drug shall include any other information as determined necessary and specified in regulations promulgated by the Secretary. (11) Outsourcing facility requirement The drug is compounded in an outsourcing facility in which the compounding of drugs occurs only in accordance with this section. (b) Registration of outsourcing facilities and reporting of drugs (1) Registration of outsourcing facilities (A) Annual registration Upon electing and in order to become an outsourcing facility, and during the period beginning on October 1 and ending on December 31 of each year thereafter, a 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 email address; and (ii) shall indicate whether the outsourcing facility intends to compound a drug that appears on the list in effect under section 506E during the subsequent calendar year. (B) 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 nonsterile drugs. (2) Drug 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 drugs compounded by such outsourcing facility during the previous 6-month period; and (ii) with respect to each drug identified under clause (i), providing the active ingredient, the source of such active ingredient, the National Drug Code number of the source drug or bulk active ingredient, if available, 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)(B)(i), 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 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 drugs 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 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 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). (c) Regulations (1) In general The Secretary shall implement the list described in subsection (a)(6) through regulations. (2) Advisory committee on compounding Before issuing regulations to implement subsection (a)(6), 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 Pharmacopeia, pharmacists with current experience and expertise in compounding, physicians with background and knowledge in compounding, and patient and public health advocacy organizations. (3) Interim list (A) In general Before the effective date of the regulations finalized to implement subsection (a)(6), the Secretary may designate drugs, categories of drugs, or conditions as described such subsection by— (i) publishing a notice of such substances, drugs, categories of drugs, or conditions proposed for designation, including the rationale for such designation, in the Federal Register; (ii) providing a period of not less than 60 calendar days for comment on the notice; and (iii) publishing a notice in the Federal Register designating such drugs, categories of drugs, or conditions. (B) Sunset of Notice Any notice provided under subparagraph (A) shall not be effective after the earlier of— (i) the date that is 5 years after the date of enactment of the Compounding Quality Act ; or (ii) the effective date of the final regulations issued to implement subsection (a)(6). (4) Updates The Secretary shall review, and update as necessary, the regulations containing the lists of drugs, categories of drugs, or conditions described in subsection (a)(6) regularly, but not less than once every 4 years. Nothing in the previous sentence prohibits submissions to the Secretary, before or during any 4-year period described in such sentence, requesting updates to such lists. (d) Definitions In this section: (1) The term compounding includes the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug. (2) The term essentially a copy of an approved drug means— (A) a drug that is identical or nearly identical to an approved drug, or a marketed drug not subject to section 503(b) and not subject to approval in an application submitted under section 505, unless, in the case of an approved drug, the drug appears on the drug shortage list in effect under section 506E at the time of compounding, distribution, and dispensing; or (B) a drug, a component of which is a bulk drug substance that is a component of an approved drug or a marketed drug that is not subject to section 503(b) and not subject to approval in an application submitted under section 505, unless there is a change that produces for an individual patient a clinical difference, as determined by the prescribing practitioner, between the compounded drug and the comparable approved drug. (3) The term approved drug means a drug that is approved under section 505 and does not appear on the list described in subsection (a)(4) of drugs that have been withdrawn or removed from the market because such drugs or components of such drugs have been found to be unsafe or not effective. (4) (A) The term outsourcing facility means a facility at one geographic location or address that— (i) is engaged in the compounding of sterile drugs; (ii) has elected to register as an outsourcing facility; and (iii) complies with all of the requirements of this section. (B) An outsourcing facility is not required to be a licensed pharmacy. (C) An outsourcing facility may or may not obtain prescriptions for identified individual patients. (5) The term sterile drug means a drug that is intended for parenteral administration, an ophthalmic or oral inhalation drug in aqueous format, or a drug that is required to be sterile under Federal or State law. . (d) Obligation to pay fees Payment of the fee under section 744K, as described in subsection (a)(9), shall not relieve an outsourcing facility that is licensed as a pharmacy in any State that requires pharmacy licensing fees of its obligation to pay such State fees. . (b) Fees Subchapter C of chapter VII ( 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(d)(4). (4) The term reinspection means, with respect to an outsourcing facility, 1 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 fee 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 (2). (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) 1; (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; plus (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 described in this paragraph 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 drugs 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 2014 and each subsequent fiscal year, there is authorized to be appropriated for fees under this section an amount equivalent to the total amount of fees assessed for such fiscal year under this section. . 103. Penalties (a) Prohibited acts Section 301 ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ccc) (1) The resale of a compounded drug that is labeled not for resale in accordance with section 503B. (2) With respect to a drug to be compounded pursuant to section 503A or 503B, the intentional falsification of a prescription, as applicable. (3) The failure to report drugs or adverse events by an entity that is registered in accordance with subsection (b) of section 503B. . (b) Misbranded drugs Section 502 ( 21 U.S.C. 352 ) is amended by adding at the end the following: (bb) If the advertising or promotion of a compounded drug is false or misleading in any particular. . 104. Regulations In promulgating any regulations to implement this title (and the amendments made by this title), the Secretary of Health and Human Services shall— (1) issue a notice of proposed rulemaking that includes the proposed regulation; (2) provide a period of not less than 60 calendar days for comments on the proposed regulation; and (3) publish the final regulation not more than 18 months following publication of the proposed rule and not less than 30 calendar days before the effective date of such final regulation. 105. Enhanced communication (a) Submissions from State boards of pharmacy In a manner specified by the Secretary of Health and Human Services (referred to in this section as the Secretary ), the Secretary shall receive submissions from State boards of pharmacy— (1) describing actions taken against compounding pharmacies, as described in subsection (b); or (2) expressing concerns that a compounding pharmacy may be acting contrary to section 503A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353a ). (b) Content of submissions from state boards of pharmacy An action referred to in subsection (a)(1) is, with respect to a pharmacy that compounds drugs, any of the following: (1) 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. (2) The suspension or revocation of a State-issued pharmacy license or registration for violations of a State’s pharmacy regulations pertaining to compounding. (3) The recall of a compounded drug due to concerns relating to the quality or purity of such drug. (c) Consultation The Secretary shall implement subsection (a) in consultation with the National Association of Boards of Pharmacy. (d) Notifying state boards of pharmacy The Secretary shall immediately notify State boards of pharmacy when— (1) the Secretary receives a submission under subsection (a)(1); or (2) the Secretary makes a determination that a pharmacy is acting contrary to section 503A of the Federal Food, Drug, and Cosmetic Act. 106. Severability (a) In general Section 503A ( 21 U.S.C. 353a ) is amended — (1) in subsection (a), in the matter preceding paragraph (1), by striking unsolicited ; (2) by striking subsection (c); (3) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and (4) in subsection (b)(1)(A)(i)(III), by striking subsection (d) and inserting subsection (c) . (b) Severability If any provision of this Act (including the amendments made by this Act) is declared unconstitutional, or the applicability of this Act (including the amendments made by this Act) to any person or circumstance is held invalid, the constitutionality of the remainder of this Act (including the amendments made by this Act) and the applicability thereof to other persons and circumstances shall not be affected. 107. GAO study (a) Study Not later than 36 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on pharmacy compounding and the adequacy of State and Federal efforts to assure the safety of compounded drugs. (b) Contents The report required under this section shall include— (1) a review of pharmacy compounding in each State, and the settings in which such compounding occurs; (2) a review of the State laws and policies governing pharmacy compounding, including enforcement of State laws and policies; (3) an assessment of the available tools to permit purchasers of compounded drugs to determine the safety and quality of such drugs; (4) an evaluation of the effectiveness of the communication among States and between States and the Food and Drug Administration regarding compounding; and (5) an evaluation of the Food and Drug Administration's implementation of sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act. II Drug Supply Chain Security 201. Short title This title may be cited as the Drug Supply Chain Security Act . 202. Pharmaceutical distribution supply chain Chapter V ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: H Pharmaceutical distribution supply chain 581. Definitions In this subchapter: (1) Affiliate The term affiliate means a business entity that has a relationship with a second business entity if, directly or indirectly— (A) one business entity controls, or has the power to control, the other business entity; or (B) a third party controls, or has the power to control, both of the business entities. (2) Authorized The term authorized means— (A) in the case of a manufacturer or repackager, having a valid registration in accordance with section 510; (B) in the case of a wholesale distributor, having a valid license under State law or section 583, in accordance with section 582(a)(6), and complying with the licensure reporting requirements under section 503(e), as amended by the Drug Supply Chain Security Act ; (C) in the case of a third-party logistics provider, having a valid license under State law or section 584(a)(1), in accordance with section 582(a)(7), and complying with the licensure reporting requirements under section 584(b); and (D) in the case of a dispenser, having a valid license under State law. (3) Dispenser The term dispenser — (A) means a retail pharmacy, hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs, and the affiliated warehouses or distribution centers of such entities under common ownership and control that do not act as a wholesale distributor; and (B) does not include a person who dispenses only products to be used in animals in accordance with section 512(a)(5). (4) Disposition The term disposition , with respect to a product within the possession or control of an entity, means the removal of such product from the pharmaceutical distribution supply chain, which may include disposal or return of the product for disposal or other appropriate handling and other actions, such as retaining a sample of the product for further additional physical examination or laboratory analysis of the product by a manufacturer or regulatory or law enforcement agency. (5) Distribute or distribution The term distribute or distribution means the sale, purchase, trade, delivery, handling, storage, or receipt of a product, and does not include the dispensing of a product pursuant to a prescription executed in accordance with section 503(b)(1) or the dispensing of a product approved under section 512(b). (6) Exclusive distributor The term exclusive distributor means the wholesale distributor that directly purchased the product from the manufacturer and is the sole distributor of that manufacturer's product to a subsequent repackager, wholesale distributor, or dispenser. (7) Homogeneous case The term homogeneous case means a sealed case containing only product that has a single National Drug Code number belonging to a single lot. (8) Illegitimate product The term illegitimate product means a product for which credible evidence shows that the product— (A) is counterfeit, diverted, or stolen; (B) is intentionally adulterated such that the product would result in serious adverse health consequences or death to humans; (C) is the subject of a fraudulent transaction; or (D) appears otherwise unfit for distribution such that the product would be reasonably likely to result in serious adverse health consequences or death to humans. (9) Licensed The term licensed means— (A) in the case of a wholesale distributor, having a valid license in accordance with section 503(e) or section 582(a)(6), as applicable; (B) in the case of a third-party logistics provider, having a valid license in accordance with section 584(a) or section 582(a)(7), as applicable; and (C) in the case of a dispenser, having a valid license under State law. (10) Manufacturer The term manufacturer means, with respect to a product— (A) a person that holds an application approved under section 505 or a license issued under section 351 of the Public Health Service Act for such product, or if such product is not the subject of an approved application or license, the person who manufactured the product; (B) a co-licensed partner of the person described in subparagraph (A) that obtains the product directly from a person described in this subparagraph or subparagraph (A) or (C); or (C) an affiliate of a person described in subparagraph (A) or (B) that receives the product directly from a person described in this subparagraph or subparagraph (A) or (B). (11) Package (A) In general The term package means the smallest individual saleable unit of product for distribution by a manufacturer or repackager that is intended by the manufacturer for ultimate sale to the dispenser of such product. (B) Individual saleable unit For purposes of this paragraph, an individual saleable unit is the smallest container of product introduced into commerce by the manufacturer or repackager that is intended by the manufacturer or repackager for individual sale to a dispenser. (12) Prescription drug The term prescription drug means a drug for human use subject to section 503(b)(1). (13) Product The term product means a prescription drug in a finished dosage form for administration to a patient without substantial further manufacturing (such as capsules, tablets, and lyophilized products before reconstitution), but for purposes of section 582, does not include blood or blood components intended for transfusion, radioactive drugs or radioactive biological products (as defined in section 600.3(ee) of title 21, Code of Federal Regulations) that are regulated by the Nuclear Regulatory Commission or by a State pursuant to an agreement with such Commission under section 274 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2021 ), imaging drugs, an intravenous product described in clause (xiv), (xv), or (xvi) of paragraph (24)(B), any medical gas (as defined in section 575), homeopathic drugs marketed in accordance with applicable guidance under this Act, or a drug compounded in compliance with section 503A or 503B. (14) Product identifier The term product identifier means a standardized graphic that includes, in both human-readable form and on a machine-readable data carrier that conforms to the standards developed by a widely recognized international standards development organization, the standardized numerical identifier, lot number, and expiration date of the product. (15) Quarantine The term quarantine means the storage or identification of a product, to prevent distribution or transfer of the product, in a physically separate area clearly identified for such use or through other procedures. (16) Repackager The term repackager means a person who owns or operates an establishment that repacks and relabels a product or package for— (A) further sale; or (B) distribution without a further transaction. (17) Return The term return means providing product to the authorized immediate trading partner from which such product was purchased or received, or to a returns processor or reverse logistics provider for handling of such product. (18) Returns processor or reverse logistics provider The term returns processor or reverse logistics provider means a person who owns or operates an establishment that dispositions or otherwise processes saleable or nonsaleable product received from an authorized trading partner such that the product may be processed for credit to the purchaser, manufacturer, or seller or disposed of for no further distribution. (19) Specific patient need The term specific patient need refers to the transfer of a product from one pharmacy to another to fill a prescription for an identified patient. Such term does not include the transfer of a product from one pharmacy to another for the purpose of increasing or replenishing stock in anticipation of a potential need. (20) Standardized numerical identifier The term standardized numerical identifier means a set of numbers or characters used to uniquely identify each package or homogenous case that is composed of the National Drug Code that corresponds to the specific product (including the particular package configuration) combined with a unique alphanumeric serial number of up to 20 characters. (21) Suspect product The term suspect product means a product for which there is reason to believe that such product— (A) is potentially counterfeit, diverted, or stolen; (B) is potentially intentionally adulterated such that the product would result in serious adverse health consequences or death to humans; (C) is potentially the subject of a fraudulent transaction; or (D) appears otherwise unfit for distribution such that the product would result in serious adverse health consequences or death to humans. (22) Third-party logistics provider The term third-party logistics provider means an entity that provides or coordinates warehousing, or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product, but does not take ownership of the product, nor have responsibility to direct the sale or disposition of the product. (23) Trading partner The term trading partner means— (A) a manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct ownership of a product; or (B) a third-party logistics provider from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct possession of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct possession of a product. (24) Transaction (A) In general The term transaction means the transfer of product between persons in which a change of ownership occurs. (B) Exemptions The term transaction does not include— (i) intracompany distribution of any product between members of an affiliate or within a manufacturer; (ii) the distribution of a product among hospitals or other health care entities that are under common control; (iii) the distribution of a product for emergency medical reasons including a public health emergency declaration pursuant to section 319 of the Public Health Service Act, except that a drug shortage not caused by a public health emergency shall not constitute an emergency medical reason; (iv) the dispensing of a product pursuant to a prescription executed in accordance with section 503(b)(1); (v) the distribution of product samples by a manufacturer or a licensed wholesale distributor in accordance with section 503(d); (vi) the distribution of blood or blood components intended for transfusion; (vii) the distribution of minimal quantities of product by a licensed retail pharmacy to a licensed practitioner for office use; (viii) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code of 1986 to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (ix) the distribution of a product pursuant to the sale or merger of a pharmacy or pharmacies or a wholesale distributor or wholesale distributors, except that any records required to be maintained for the product shall be transferred to the new owner of the pharmacy or pharmacies or wholesale distributor or wholesale distributors; (x) the dispensing of a product approved under section 512(c); (xi) products transferred to or from any facility that is licensed by the Nuclear Regulatory Commission or by a State pursuant to an agreement with such Commission under section 274 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2021 ); (xii) a combination product that is not subject to approval under section 505 or licensure under section 351 of the Public Health Service Act, and that is— (I) a product comprised of a device and 1 or more other regulated components (such as a drug/device, biologic/device, or drug/device/biologic) that are physically, chemically, or otherwise combined or mixed and produced as a single entity; (II) 2 or more separate products packaged together in a single package or as a unit and comprised of a drug and device or device and biological product; or (III) 2 or more finished medical devices plus one or more drug or biological products that are packaged together in what is referred to as a medical convenience kit as described in clause (xiii); (xiii) the distribution of a collection of finished medical devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or user (referred to in this clause as a medical convenience kit ) if— (I) the medical convenience kit is assembled in an establishment that is registered with the Food and Drug Administration as a device manufacturer in accordance with section 510(b)(2); (II) the medical convenience kit does not contain a controlled substance that appears in a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of 1970; (III) in the case of a medical convenience kit that includes a product, the person that manufacturers the kit— (aa) purchased such product directly from the pharmaceutical manufacturer or from a wholesale distributor that purchased the product directly from the pharmaceutical manufacturer; and (bb) does not alter the primary container or label of the product as purchased from the manufacturer or wholesale distributor; and (IV) in the case of a medical convenience kit that includes a product, the product is— (aa) an intravenous solution intended for the replenishment of fluids and electrolytes; (bb) a product intended to maintain the equilibrium of water and minerals in the body; (cc) a product intended for irrigation or reconstitution; (dd) an anesthetic; (ee) an anticoagulant; (ff) a vasopressor; or (gg) a sympathomimetic; (xiv) the distribution of an intravenous product that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids); (xv) the distribution of an intravenous product used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions; (xvi) the distribution of a product that is intended for irrigation, or sterile water, whether intended for such purposes or for injection; (xvii) the distribution of a medical gas (as defined in section 575); or (xviii) the distribution or sale of any licensed product under section 351 of the Public Health Service Act that meets the definition of a device under section 201(h). (25) Transaction history The term transaction history means a statement in paper or electronic form, including the transaction information for each prior transaction going back to the manufacturer of the product. (26) Transaction information The term transaction information means— (A) the proprietary or established name or names of the product; (B) the strength and dosage form of the product; (C) the National Drug Code number of the product; (D) the container size; (E) the number of containers; (F) the lot number of the product; (G) the date of the transaction; (H) the date of the shipment, if more than 24 hours after the date of the transaction; (I) the business name and address of the person from whom ownership is being transferred; and (J) the business name and address of the person to whom ownership is being transferred. (27) Transaction statement The transaction statement is a statement, in paper or electronic form, that the entity transferring ownership in a transaction— (A) is authorized as required under the Drug Supply Chain Security Act ; (B) received the product from a person that is authorized as required under the Drug Supply Chain Security Act ; (C) received transaction information and a transaction statement from the prior owner of the product, as required under section 582; (D) did not knowingly ship a suspect or illegitimate product; (E) had systems and processes in place to comply with verification requirements under section 582; (F) did not knowingly provide false transaction information; and (G) did not knowingly alter the transaction history. (28) Verification or verify The term verification or verify means determining whether the product identifier affixed to, or imprinted upon, a package or homogeneous case corresponds to the standardized numerical identifier or lot number and expiration date assigned to the product by the manufacturer or the repackager, as applicable in accordance with section 582. (29) Wholesale distributor The term wholesale distributor means a person (other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or repackager) engaged in wholesale distribution (as defined in section 503(e)(4), as amended by the Drug Supply Chain Security Act ). 582. Requirements (a) In general (1) Other activities Each manufacturer, repackager, wholesale distributor, and dispenser shall comply with the requirements set forth in this section with respect to the role of such manufacturer, repackager, wholesale distributor, or dispenser in a transaction involving product. If an entity meets the definition of more than one of the entities listed in the preceding sentence, such entity shall comply with all applicable requirements in this section, but shall not be required to duplicate requirements. (2) Initial standards (A) In general The Secretary shall, in consultation with other appropriate Federal officials, manufacturers, repackagers, wholesale distributors, dispensers, and other pharmaceutical distribution supply chain stakeholders, issue a draft guidance document that establishes standards for the interoperable exchange of transaction information, transaction history, and transaction statements, in paper or electronic format, for compliance with this subsection and subsections (b), (c), (d), and (e). In establishing such standards, the Secretary shall consider the feasibility of establishing standardized documentation to be used by members of the pharmaceutical distribution supply chain to convey the transaction information, transaction history, and transaction statement to the subsequent purchaser of a product and to facilitate the exchange of lot level data. The standards established under this paragraph shall take into consideration the standards established under section 505D and shall comply with a form and format developed by a widely recognized international standards development organization. (B) Public input Prior to issuing the draft guidance under subparagraph (A), the Secretary shall gather comments and information from stakeholders and maintain such comments and information in a public docket for at least 60 days prior to issuing such guidance. (C) Publication The Secretary shall publish the standards established under subparagraph (A) not later than 1 year after the date of enactment of the Drug Supply Chain Security Act . (3) Waivers, exceptions, and exemptions (A) In general Not later than 2 years after the date of enactment of the Drug Supply Chain Security Act , the Secretary shall, by guidance— (i) establish a process by which an authorized manufacturer, repackager, wholesale distributor, or dispenser may request a waiver from any of the requirements set forth in this section, which the Secretary may grant if the Secretary determines that such requirements would result in an undue economic hardship or for emergency medical reasons, including a public health emergency declaration pursuant to section 319 of the Public Health Service Act; (ii) establish a process by which the Secretary determines exceptions, and a process through which a manufacturer or repackager may request such an exception, to the requirements relating to product identifiers if a product is packaged in a container too small or otherwise unable to accommodate a label with sufficient space to bear the information required for compliance with this section; and (iii) establish a process by which the Secretary may determine other products or transactions that shall be exempt from the requirements of this section. (B) Content The guidance issued under subparagraph (A) shall include a process for the biennial review and renewal of such waivers, exceptions, and exemptions, as applicable. (C) Process In issuing the guidance under this paragraph, the Secretary shall provide an effective date that is not later than 180 days prior to the date on which manufacturers are required to affix or imprint a product identifier to each package and homogenous case of product intended to be introduced in a transaction into commerce consistent with this section. (4) Self-executing requirements Except where otherwise specified, the requirements of this section may be enforced without further regulations or guidance from the Secretary. (5) Grandfathering product (A) Product identifier Not later than 2 years after the date of enactment of the Drug Supply Chain Security Act , the Secretary shall finalize guidance specifying whether and under what circumstances product that is not labeled with a product identifier and that is in the pharmaceutical distribution supply chain at the time of the effective date of the requirements of this section shall be exempted from the requirements of this section. (B) Tracing For a product that entered the pharmaceutical distribution supply chain prior to January 1, 2015— (i) authorized trading partners shall be exempt from providing transaction information as required under subsections (b)(1)(A)(i), (c)(1)(A)(ii), (d)(1)(A)(ii), and (e)(1)(A)(ii); (ii) transaction history required under this section shall begin with the owner of such product on such date; and (iii) the owners of such product on such date shall be exempt from asserting receipt of transaction information and transaction statement from the prior owner as required under this section. (6) Wholesale distributor licenses Notwithstanding section 581(9)(A), until the effective date of the wholesale distributor licensing regulations under section 583, the term licensed or authorized , as it relates to a wholesale distributor with respect to prescription drugs, shall mean a wholesale distributor with a valid license under State law. (7) Third-party logistics provider licenses Until the effective date of the third-party logistics provider licensing regulations under section 584, a third-party logistics provider shall be considered licensed under section 581(9)(B) unless the Secretary has made a finding that the third-party logistics provider does not utilize good handling and distribution practices and publishes notice thereof. (8) Label changes Changes made to package labels solely to incorporate the product identifier may be submitted to the Secretary in the annual report of an establishment, in accordance with section 314.70(d) of chapter 21, Code of Federal Regulations (or any successor regulation). (9) Product identifiers With respect to any requirement relating to product identifiers under this subchapter— (A) unless the Secretary allows, through guidance, the use of other technologies for data instead of or in addition to the technologies described in clauses (i) and (ii), the applicable data— (i) shall be included in a 2-dimensional data matrix barcode when affixed to, or imprinted upon, a package; and (ii) shall be included in a linear or 2-dimensional data matrix barcode when affixed to, or imprinted upon, a homogeneous case; and (B) verification of the product identifier may occur by using human-readable or machine-readable methods. (b) Manufacturer requirements (1) Product tracing (A) In general Beginning not later than January 1, 2015, a manufacturer shall— (i) prior to, or at the time of, each transaction in which such manufacturer transfers ownership of a product, provide the subsequent owner with transaction history, transaction information, and a transaction statement, in a single document in an paper or electronic format; and (ii) capture the transaction information (including lot level information), transaction history, and transaction statement for each transaction and maintain such information, history, and statement for not less than 6 years after the date of the transaction. (B) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, a manufacturer shall, not later than 1 business day, and not to exceed 48 hours, after receiving the request, or in other such reasonable time as determined by the Secretary, based on the circumstances of the request, provide the applicable transaction information, transaction history, and transaction statement for the product. (C) Electronic format (i) In general Beginning not later than 4 years after the date of enactment of the Drug Supply Chain Security Act , except as provided under clause (ii), a manufacturer shall provide the transaction information, transaction history, and transaction statement required under subparagraph (A)(i) in electronic format. (ii) Exception A manufacturer may continue to provide the transaction information, transaction history, and transaction statement required under subparagraph (A)(i) in a paper format to a licensed health care practitioner authorized to prescribe medication under State law or other licensed individual under the supervision or direction of such a practitioner who dispenses product in the usual course of professional practice. (2) Product identifier (A) In general Beginning not later than 4 years after the date of enactment of the Drug Supply Chain Security Act , a manufacturer shall affix or imprint a product identifier to each package and homogenous case of a product intended to be introduced in a transaction into commerce. Such manufacturer shall maintain the product identifier information for such product for not less than 6 years after the date of the transaction. (B) Exception A package that is required to have a standardized numerical identifier is not required to have a unique device identifier. (3) Authorized trading partners Beginning not later than January 1, 2015, the trading partners of a manufacturer may be only authorized trading partners. (4) Verification Beginning not later than January 1, 2015, a manufacturer shall have systems in place to enable the manufacturer to comply with the following requirements: (A) Suspect product (i) In general Upon making a determination that a product in the possession or control of the manufacturer is a suspect product, or upon receiving a request for verification from the Secretary that has made a determination that a product within the possession or control of a manufacturer is a suspect product, a manufacturer shall— (I) quarantine such product within the possession or control of the manufacturer from product intended for distribution until such product is cleared or dispositioned; and (II) promptly conduct an investigation in coordination with trading partners, as applicable, to determine whether the product is an illegitimate product, which shall include validating any applicable transaction history and transaction information in the possession of the manufacturer and otherwise investigating to determine whether the product is an illegitimate product, and, beginning 4 years after the date of enactment of the Drug Supply Chain Security Act , verifying the product at the package level, including the standardized numerical identifier. (ii) Cleared product If the manufacturer makes the determination that a suspect product is not an illegitimate product, the manufacturer shall promptly notify the Secretary, if applicable, of such determination and such product may be further distributed. (iii) Records A manufacturer shall keep records of the investigation of a suspect product for not less than 6 years after the conclusion of the investigation. (B) Illegitimate product (i) In general Upon determining that a product in the possession or control of a manufacturer is an illegitimate product, the manufacturer shall, in a manner consistent with the systems and processes of such manufacturer— (I) quarantine such product within the possession or control of the manufacturer from product intended for distribution until such product is dispositioned; (II) disposition the illegitimate product within the possession or control of the manufacturer; (III) take reasonable and appropriate steps to assist a trading partner to disposition an illegitimate product not in the possession or control of the manufacturer; and (IV) retain a sample of the product for further physical examination or laboratory analysis of the product by the manufacturer or Secretary (or other appropriate Federal or State official) upon request by the Secretary (or other appropriate Federal or State official), as necessary and appropriate. (ii) Making a notification (I) Illegitimate product Upon determining that a product in the possession or control of the manufacturer is an illegitimate product, the manufacturer shall notify the Secretary and all immediate trading partners that the manufacturer has reason to believe may have received such illegitimate product of such determination not later than 24 hours after making such determination. (II) High risk of illegitimacy A manufacturer shall notify the Secretary and immediate trading partners that the manufacturer has reason to believe may have in the trading partner’s possession a product manufactured by, or purported to be a product manufactured by, the manufacturer not later than 24 hours after determining or being notified by the Secretary or a trading partner that there is a high risk that such product is an illegitimate product. For purposes of this subclause, a high risk may include a specific high risk that could increase the likelihood that illegitimate product will enter the pharmaceutical distribution supply chain and other high risks as determined by the Secretary in guidance pursuant to subsection (h). (iii) Responding to a notification Upon the receipt of a notification from the Secretary or a trading partner that a determination has been made that a product is an illegitimate product, a manufacturer shall identify all illegitimate product subject to such notification that is in the possession or control of the manufacturer, including any product that is subsequently received, and shall perform the activities described in subparagraph (A). (iv) Terminating a notification Upon making a determination, in consultation with the Secretary, that a notification is no longer necessary, a manufacturer shall promptly notify immediate trading partners that the manufacturer notified pursuant to clause (ii) that such notification has been terminated. (v) Records A manufacturer shall keep records of the disposition of an illegitimate product for not less than 6 years after the conclusion of the disposition. (C) Requests for verification Beginning 4 years after the date of enactment of the Drug Supply Chain Security Act , upon receiving a request for verification from an authorized repackager, wholesale distributor, or dispenser that is in possession or control of a product such person believes to be manufactured by such manufacturer, a manufacturer shall, not later than 24 hours after receiving the request for verification or in other such reasonable time as determined by the Secretary, based on the circumstances of the request, notify the person making the request whether the product identifier, including the standardized numerical identifier, that is the subject of the request corresponds to the product identifier affixed or imprinted by the manufacturer. If a manufacturer responding to a request for verification identifies a product identifier that does not correspond to that affixed or imprinted by the manufacturer, the manufacturer shall treat such product as suspect product and conduct an investigation as described in subparagraph (A). If the manufacturer has reason to believe the product is an illegitimate product, the manufacturer shall advise the person making the request of such belief at the time such manufacturer responds to the request for verification. (D) Electronic database A manufacturer may satisfy the requirements of this paragraph by developing a secure electronic database or utilizing a secure electronic database developed or operated by another entity. The owner of such database shall establish the requirements and processes to respond to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a manufacturer of the requirement under this paragraph to respond to a request for verification submitted by means other than a secure electronic database. (E) Saleable returned product Beginning 4 years after the date of enactment of the Drug Supply Chain Security Act (except as provided pursuant to subsection (a)(5)), upon receipt of a returned product that the manufacturer intends to further distribute, before further distributing such product, the manufacturer shall verify the product identifier, including the standardized numerical identifier, for each sealed homogeneous case of such product or, if such product is not in a sealed homogeneous case, verify the product identifier, including the standardized numerical identifier, on each package. (F) Nonsaleable returned product A manufacturer may return a nonsaleable product to the manufacturer or repackager, to the wholesale distributor from whom such product was purchased, or to a person acting on behalf of such a person, including a returns processor, without providing the information described in paragraph (1)(A)(i). (c) Wholesale distributor requirements (1) Product tracing (A) In general Beginning not later than January 1, 2015, the following requirements shall apply to wholesale distributors: (i) A wholesale distributor shall not accept ownership of a product unless the previous owner prior to, or at the time of, the transaction provides the transaction history, transaction information, and a transaction statement for the product, as applicable under this subparagraph. (ii) (I) (aa) If the wholesale distributor purchased a product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased directly from the manufacturer, then prior to, or at the time of, each transaction in which the wholesale distributor transfers ownership of a product, the wholesale distributor shall provide to the subsequent purchaser— (AA) a transaction statement, which shall state that such wholesale distributor, or a member of the affiliate of such wholesale distributor, purchased the product directly from the manufacturer, exclusive distributor of the manufacturer, or repackager that purchased the product directly from the manufacturer; and (BB) subject to subclause (II), the transaction history and transaction information. (bb) The wholesale distributor shall provide the transaction history, transaction information, and transaction statement under item (aa)— (AA) if provided to a dispenser, on a single document in a paper or electronic format; and (BB) if provided to a wholesale distributor, through any combination of self-generated paper, electronic data, or manufacturer-provided information on the product package. (II) For purposes of transactions described in subclause (I), transaction history and transaction information shall not be required to include the lot number of the product, the initial transaction date, or the initial shipment date from the manufacturer (as defined in subparagraphs (F), (G), and (H) of section 581(26)). (iii) If the wholesale distributor did not purchase a product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased directly from the manufacturer, as described in clause (ii), then prior to, or at the time of, each transaction or subsequent transaction, the wholesale distributor shall provide to the subsequent purchaser a transaction statement, transaction history, and transaction information, in a paper or electronic format that complies with the guidance document issued under subsection (a)(2). (iv) For the purposes of clause (iii), the transaction history supplied shall begin only with the wholesale distributor described in clause (ii)(I), but the wholesale distributor described in clause (iii) shall inform the subsequent purchaser that such wholesale distributor received a direct purchase statement from a wholesale distributor described in clause (ii)(I). (v) A wholesale distributor shall— (I) capture the transaction information (including lot level information) consistent with the requirements of this section, transaction history, and transaction statement for each transaction described in clauses (i), (ii), and (iii) and maintain such information, history, and statement for not less than 6 years after the date of the transaction; and (II) maintain the confidentiality of the transaction information (including any lot level information consistent with the requirements of this section), transaction history, and transaction statement for a product in a manner that prohibits disclosure to any person other than the Secretary or other appropriate Federal or State official, except to comply with clauses (ii) and (iii), and, as applicable, pursuant to an agreement under subparagraph (D). (B) Returns (i) Saleable returns Notwithstanding subparagraph (A)(i), the following shall apply: (I) Requirements Until the date that is 6 years after the date of enactment of the Drug Supply Chain Security Act (except as provided pursuant to subsection (a)(5)), a wholesale distributor may accept returned product from a dispenser or repackager pursuant to the terms and conditions of any agreement between the parties, and, notwithstanding subparagraph (A)(ii), may distribute such returned product without providing the transaction history. For transactions subsequent to the return, the transaction history of such product shall begin with the wholesale distributor that accepted the returned product, consistent with the requirements of this subsection. (II) Enhanced requirements Beginning 6 years after the date of enactment of the Drug Supply Chain Security Act (except as provided pursuant to subsection (a)(5)), a wholesale distributor may accept returned product from a dispenser or repackager only if the wholesale distributor can associate returned product with the transaction information and transaction statement associated with that product. For all transactions after such date, the transaction history, as applicable, of such product shall begin with the wholesale distributor that accepted and verified the returned product. For purposes of this subparagraph, the transaction information and transaction history, as applicable, need not include transaction dates if it is not reasonably practicable to obtain such dates. (ii) Nonsaleable returns A wholesale distributor may return a nonsaleable product to the manufacturer or repackager, to the wholesale distributor from whom such product was purchased, or to a person acting on behalf of such a person, including a returns processor, without providing the information required under subparagraph (A)(i). (C) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, a wholesale distributor shall, not later than 1 business day, and not to exceed 48 hours, after receiving the request or in other such reasonable time as determined by the Secretary, based on the circumstances of the request, provide the applicable transaction information, transaction history, and transaction statement for the product. (D) Trading partner agreements Beginning 6 years after the date of enactment of the Drug Supply Chain Security Act , a wholesale distributor may disclose the transaction information, including lot level information, transaction history, or transaction statement of a product to the subsequent purchaser of the product, pursuant to a written agreement between such wholesale distributor and such subsequent purchaser. Nothing in this subparagraph shall be construed to limit the applicability of subparagraphs (A) through (C). (2) Product identifier Beginning 6 years after the date of enactment of the Drug Supply Chain Security Act , a wholesale distributor may engage in transactions involving a product only if such product is encoded with a product identifier (except as provided pursuant to subsection (a)(5)). (3) Authorized trading partners Beginning not later than January 1, 2015, the trading partners of a wholesale distributor may be only authorized trading partners. (4) Verification Beginning not later than January 1, 2015, a wholesale distributor shall have systems in place to enable the wholesale distributor to comply with the following requirements: (A) Suspect product (i) In general Upon making a determination that a product in the possession or control of a wholesale distributor is a suspect product, or upon receiving a request for verification from the Secretary that has made a determination that a product within the possession or control of a wholesale distributor is a suspect product, a wholesale distributor shall— (I) quarantine such product within the possession or control of the wholesale distributor from product intended for distribution until such product is cleared or dispositioned; and (II) promptly conduct an investigation in coordination with trading partners, as applicable, to determine whether the product is an illegitimate product, which shall include validating any applicable transaction history and transaction information in the possession of the wholesale distributor and otherwise investigating to determine whether the product is an illegitimate product, and, beginning 6 years after the date of enactment of the Drug Supply Chain Security Act (except as provided pursuant to subsection (a)(5)), verifying the product at the package level, including the standardized numerical identifier. (ii) Cleared product If the wholesale distributor determines that a suspect product is not an illegitimate product, the wholesale distributor shall promptly notify the Secretary, if applicable, of such determination and such product may be further distributed. (iii) Records A wholesale distributor shall keep records of the investigation of a suspect product for not less than 6 years after the conclusion of the investigation. (B) Illegitimate product (i) In general Upon determining, in coordination with the manufacturer, that a product in the possession or control of a wholesale distributor is an illegitimate product, the wholesale distributor shall, in a manner that is consistent with the systems and processes of such wholesale distributor— (I) quarantine such product within the possession or control of the wholesale distributor from product intended for distribution until such product is dispositioned; (II) disposition the illegitimate product within the possession or control of the wholesale distributor; (III) take reasonable and appropriate steps to assist a trading partner to disposition an illegitimate product not in the possession or control of the wholesale distributor; and (IV) retain a sample of the product for further physical examination or laboratory analysis of the product by the manufacturer or Secretary (or other appropriate Federal or State official) upon request by the manufacturer or Secretary (or other appropriate Federal or State official), as necessary and appropriate. (ii) Making a notification Upon determining that a product in the possession or control of the wholesale distributor is an illegitimate product, the wholesale distributor shall notify the Secretary and all immediate trading partners that the wholesale distributor has reason to believe may have received such illegitimate product of such determination not later than 24 hours after making such determination. (iii) Responding to a notification Upon the receipt of a notification from the Secretary or a trading partner that a determination has been made that a product is an illegitimate product, a wholesale distributor shall identify all illegitimate product subject to such notification that is in the possession or control of the wholesale distributor, including any product that is subsequently received, and shall perform the activities described in subparagraph (A). (iv) Terminating a notification Upon making a determination, in consultation with the Secretary, that a notification is no longer necessary, a wholesale distributor shall promptly notify immediate trading partners that the wholesale distributor notified pursuant to clause (ii) that such notification has been terminated. (v) Records A wholesale distributor shall keep records of the disposition of an illegitimate product for not less than 6 years after the conclusion of the disposition. (C) Electronic database A wholesale distributor may satisfy the requirements of this paragraph by developing a secure electronic database or utilizing a secure electronic database developed or operated by another entity. The owner of such database shall establish the requirements and processes to respond to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a wholesale distributor of the requirement under this paragraph to respond to a verification request submitted by means other than a secure electronic database. (D) Verification of saleable returned product Beginning 6 years after the date of enactment of the Drug Supply Chain Security Act , upon receipt of a returned product that the wholesale distributor intends to further distribute, before further distributing such product, the wholesale distributor shall verify the product identifier, including the standardized numerical identifier, for each sealed homogeneous case of such product or, if such product is not in a sealed homogeneous case, verify the product identifier, including the standardized numerical identifier, on each package. (d) Dispenser requirements (1) Product tracing (A) In general Beginning July 1, 2015, a dispenser— (i) shall not accept ownership of a product, unless the previous owner prior to, or at the time of, the transaction, provides transaction history, transaction information, and a transaction statement; (ii) prior to, or at the time of, each transaction in which the dispenser transfers ownership of a product (but not including dispensing to a patient or returns) shall provide the subsequent owner with transaction history, transaction information, and a transaction statement for the product, except that the requirements of this clause shall not apply to sales by a dispenser to another dispenser to fulfill a specific patient need; and (iii) shall capture transaction information (including lot level information, if provided), transaction history, and transaction statements, as necessary to investigate a suspect product, and maintain such information, history, and statements for not less than 6 years after the transaction. (B) Agreements with third parties A dispenser may enter into a written agreement with a third party, including an authorized wholesale distributor, under which the third party confidentially maintains the transaction information, transaction history, and transaction statements required to be maintained under this subsection on behalf of the dispenser. If a dispenser enters into such an agreement, the dispenser shall maintain a copy of the written agreement and shall not be relieved of the obligations of the dispenser under this subsection. (C) Returns (i) Saleable returns A dispenser may return product to the trading partner from which the dispenser obtained the product without providing the information required under subparagraph (A). (ii) Nonsaleable returns A dispenser may return a nonsaleable product to the manufacturer or repackager, to the wholesale distributor from whom such product was purchased, to a returns processor, or to a person acting on behalf of such a person without providing the information required under subparagraph (A). (D) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect or an illegitimate product, a dispenser shall, not later than 2 business days after receiving the request or in another such reasonable time as determined by the Secretary, based on the circumstances of the request, provide the applicable transaction information, transaction statement, and transaction history which the dispenser received from the previous owner, which shall not include the lot number of the product, the initial transaction date, or the initial shipment date from the manufacturer unless such information was included in the transaction information, transaction statement, and transaction history provided by the manufacturer or wholesale distributor to the dispenser. The dispenser may respond to the request by providing the applicable information in either paper or electronic format. Until the date that is 4 years after the date of enactment of the Drug Supply Chain Security Act , the Secretary or other appropriate Federal or State official shall grant a dispenser additional time, as necessary, only with respect to a request to provide lot level information described in subparagraph (F) of section 581(26) that was provided to the dispenser in paper format, limit the request time period to the 6 months preceding the request or other relevant date, and, in the event of a recall, the Secretary, or other appropriate Federal or State official may request information only if such recall involves a serious adverse health consequence or death to humans. (2) Product identifier Beginning not later than 7 years after the date of enactment of the Drug Supply Chain Security Act , a dispenser may engage in transactions involving a product only if such product is encoded with a product identifier (except as provided pursuant to subsection (a)(5)). (3) Authorized trading partners Beginning not later than January 1, 2015, the trading partners of a dispenser may be only authorized trading partners. (4) Verification Beginning not later than January 1, 2015, a dispenser shall have systems in place to enable the dispenser to comply with the following requirements: (A) Suspect product (i) In general Upon making a determination that a product in the possession or control of the dispenser is a suspect product, or upon receiving a request for verification from the Secretary that has made a determination that a product within the possession or control of a dispenser is a suspect product, a dispenser shall— (I) quarantine such product within the possession or control of the dispenser from product intended for distribution until such product is cleared or dispositioned; and (II) promptly conduct an investigation in coordination with trading partners, as applicable, to determine whether the product is an illegitimate product. (ii) Investigation An investigation conducted under clause (i)(II) shall include— (I) beginning 7 years after the date of enactment of the Drug Supply Chain Security Act , verifying whether the lot number of a suspect product corresponds with the lot number for such product; (II) beginning 7 years after the date of enactment of such Act, verifying that the product identifier, including the standardized numerical identifier, of at least 3 packages or 10 percent of such suspect product, whichever is greater, or all packages, if there are fewer than 3, corresponds with the product identifier for such product; (III) validating any applicable transaction history and transaction information in the possession of the dispenser; and (IV) otherwise investigating to determine whether the product is an illegitimate product. (iii) Cleared product If the dispenser makes the determination that a suspect product is not an illegitimate product, the dispenser shall promptly notify the Secretary, if applicable, of such determination and such product may be further distributed or dispensed. (iv) Records A dispenser shall keep records of the investigation of a suspect product for not less than 6 years after the conclusion of the investigation. (B) Illegitimate product (i) In general Upon determining, in coordination with the manufacturer, that a product in the possession or control of a dispenser is an illegitimate product, the dispenser shall— (I) disposition the illegitimate product within the possession or control of the dispenser; (II) take reasonable and appropriate steps to assist a trading partner to disposition an illegitimate product not in the possession or control of the dispenser; and (III) retain a sample of the product for further physical examination or laboratory analysis of the product by the manufacturer or Secretary (or other appropriate Federal or State official) upon request by the manufacturer or Secretary (or other appropriate Federal or State official), as necessary and appropriate. (ii) Making a notification Upon determining that a product in the possession or control of the dispenser is an illegitimate product, the dispenser shall notify the Secretary and all immediate trading partners that the dispenser has reason to believe may have received such illegitimate product of such determination not later than 24 hours after making such determination. (iii) Responding to a notification Upon the receipt of a notification from the Secretary or a trading partner that a determination has been made that a product is an illegitimate product, a dispenser shall identify all illegitimate product subject to such notification that is in the possession or control of the dispenser, including any product that is subsequently received, and shall perform the activities described in subparagraph (A). (iv) Terminating a notification Upon making a determination, in consultation with the Secretary, that a notification is no longer necessary, a dispenser shall promptly notify immediate trading partners that the dispenser notified pursuant to clause (ii) that such notification has been terminated. (v) Records A dispenser shall keep records of the disposition of an illegitimate product for not less than 6 years after the conclusion of the disposition. (C) Electronic database A dispenser may satisfy the requirements of this paragraph by developing a secure electronic database or utilizing a secure electronic database developed or operated by another entity. (5) Exception Notwithstanding any other provision of law, the requirements under paragraphs (1) and (4) shall not apply to licensed health care practitioners authorized to prescribe or administer medication under State law or other licensed individuals under the supervision or direction of such practitioners who dispense or administer product in the usual course of professional practice. (e) Repackager requirements (1) Product tracing (A) In general Beginning not later than January 1, 2015, a repackager described in section 581(16)(A) shall— (i) not accept ownership of a product unless the previous owner, prior to, or at the time of, the transaction, provides transaction history, transaction information, and a transaction statement for the product; (ii) prior to, or at the time of, each transaction in which the repackager transfers ownership of a product, provide the subsequent owner with transaction history, transaction information, and a transaction statement for the product; and (iii) capture the transaction information (including lot level information), transaction history, and transaction statement for each transaction described in clauses (i) and (ii) and maintain such information, history, and statement for not less than 6 years after the transaction. (B) Returns (i) Nonsaleable product A repackager described in section 581(16)(A) may return a nonsaleable product to the manufacturer or repackager, or to the wholesale distributor from whom such product was purchased, or to a person acting on behalf of such a person, including a returns processor, without providing the information required under subparagraph (A)(ii). (ii) Saleable or nonsaleable product A repackager described in section 581(16)(B) may return a saleable or nonsaleable product to the manufacturer, repackager, or to the wholesale distributor from whom such product was received without providing the information required under subparagraph (A)(ii) on behalf of the hospital or other health care entity that took ownership of such product pursuant to the terms and conditions of any agreement between such repackager and the entity that owns the product. (C) Requests for information Upon a request by the Secretary or other appropriate Federal or State official, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, a repackager described in section 581(16)(A) shall, not later than 1 business day, and not to exceed 48 hours, after receiving the request or in other such reasonable time as determined by the Secretary, provide the applicable transaction information, transaction history, and transaction statement for the product. (2) Product identifier (A) In general Beginning not later than 5 years after the date of enactment of the Drug Supply Chain Security Act , a repackager described in section 581(16)(A)— (i) shall affix or imprint a product identifier to each package and homogenous case of product intended to be introduced in a transaction in commerce; (ii) shall maintain the product identifier information for such product for not less than 6 years after the date of the transaction; (iii) may engage in transactions involving a product only if such product is encoded with a product identifier (except as provided pursuant to subsection (a)(5)); and (iv) shall maintain records for not less than 6 years to allow the repackager to associate the product identifier the repackager affixes or imprints with the product identifier assigned by the original manufacturer of the product. (B) Exception A package that is required to have a standardized numerical identifier is not required to have a unique device identifier. (3) Authorized trading partners Beginning January 1, 2015, the trading partners of a repackager described in section 581(16) may be only authorized trading partners. (4) Verification Beginning not later than January 1, 2015, a repackager described in section 581(16)(A) shall have systems in place to enable the repackager to comply with the following requirements: (A) Suspect product (i) In general Upon making a determination that a product in the possession or control of the repackager is a suspect product, or upon receiving a request for verification from the Secretary that has made a determination that a product within the possession or control of a repackager is a suspect product, a repackager shall— (I) quarantine such product within the possession or control of the repackager from product intended for distribution until such product is cleared or dispositioned; and (II) promptly conduct an investigation in coordination with trading partners, as applicable, to determine whether the product is an illegitimate product, which shall include validating any applicable transaction history and transaction information in the possession of the repackager and otherwise investigating to determine whether the product is an illegitimate product, and, beginning 5 years after the date of enactment of the Drug Supply Chain Security Act (except as provided pursuant to subsection (a)(5)), verifying the product at the package level, including the standardized numerical identifier. (ii) Cleared product If the repackager makes the determination that a suspect product is not an illegitimate product, the repackager shall promptly notify the Secretary, if applicable, of such determination and such product may be further distributed. (iii) Records A repackager shall keep records of the investigation of a suspect product for not less than 6 years after the conclusion of the investigation. (B) Illegitimate product (i) In general Upon determining, in coordination with the manufacturer, that a product in the possession or control of a repackager is an illegitimate product, the repackager shall, in a manner that is consistent with the systems and processes of such repackager— (I) quarantine such product within the possession or control of the repackager from product intended for distribution until such product is dispositioned; (II) disposition the illegitimate product within the possession or control of the repackager; (III) take reasonable and appropriate steps to assist a trading partner to disposition an illegitimate product not in the possession or control of the repackager; and (IV) retain a sample of the product for further physical examination or laboratory analysis of the product by the manufacturer or Secretary (or other appropriate Federal or State official) upon request by the manufacturer or Secretary (or other appropriate Federal or State official), as necessary and appropriate. (ii) Making a notification Upon determining that a product in the possession or control of the repackager is an illegitimate product, the repackager shall notify the Secretary and all immediate trading partners that the repackager has reason to believe may have received the illegitimate product of such determination not later than 24 hours after making such determination. (iii) Responding to a notification Upon the receipt of a notification from the Secretary or a trading partner, a repackager shall identify all illegitimate product subject to such notification that is in the possession or control of the repackager, including any product that is subsequently received, and shall perform the activities described in subparagraph (A). (iv) Terminating a notification Upon making a determination, in consultation with the Secretary, that a notification is no longer necessary, a repackager shall promptly notify immediate trading partners that the repackager notified pursuant to clause (ii) that such notification has been terminated. (v) Records A repackager shall keep records of the disposition of an illegitimate product for not less than 6 years after the conclusion of the disposition. (C) Requests for verification Beginning 5 years after the date of enactment of the Drug Supply Chain Security Act , upon receiving a request for verification from an authorized manufacturer, wholesale distributor, or dispenser that is in possession or control of a product they believe to be repackaged by such repackager, a repackager shall, not later than 24 hours after receiving the verification request or in other such reasonable time as determined by the Secretary, based on the circumstances of the request, notify the person making the request whether the product identifier, including the standardized numerical identifier, that is the subject of the request corresponds to the product identifier affixed or imprinted by the repackager. If a repackager responding to a verification request identifies a product identifier that does not correspond to that affixed or imprinted by the repackager, the repackager shall treat such product as suspect product and conduct an investigation as described in subparagraph (A). If the repackager has reason to believe the product is an illegitimate product, the repackager shall advise the person making the request of such belief at the time such repackager responds to the verification request. (D) Electronic database A repackager may satisfy the requirements of paragraph (4) by developing a secure electronic database or utilizing a secure electronic database developed or operated by another entity. The owner of such database shall establish the requirements and processes to respond to requests and may provide for data access to other members of the pharmaceutical distribution supply chain, as appropriate. The development and operation of such a database shall not relieve a repackager of the requirement under subparagraph (C) to respond to a verification request submitted by means other than a secure electronic database. (E) Verification of saleable returned product Beginning 5 years after the date of enactment of the Drug Supply Chain Security Act , upon receipt of a returned product that the repackager intends to further distribute, before further distributing such product, the repackager shall verify the product identifier for each sealed homogeneous case of such product or, if such product is not in a sealed homogeneous case, verify the product identifier on each package. (f) Drop shipments (1) In general A wholesale distributor that does not physically handle or store product shall be exempt from the provisions of this section, except the notification requirements under clauses (ii), (iii), and (iv) of subsection (c)(4)(B), provided that the manufacturer, repackager, or other wholesale distributor that distributes the product to the dispenser by means of a drop shipment for such wholesale distributor includes on the transaction information and transaction history to the dispenser the contact information of such wholesale distributor and provides the transaction information, transaction history, and transaction statement directly to the dispenser. (2) Clarification For purposes of this subsection, providing administrative services, including processing of orders and payments, shall not by itself, be construed as being involved in the handling, distribution, or storage of a product. . 203. Enhanced drug distribution security Section 582, as added by section 202, is amended by adding at the end the following: (g) Enhanced drug distribution security (1) In general On the date that is 10 years after the date of enactment of the Drug Supply Chain Security Act , the following interoperable, electronic tracing of product at the package level requirements shall go into effect: (A) The transaction information and the transaction statements as required under this section shall be exchanged in a secure, interoperable, electronic manner in accordance with the standards established under the guidance issued pursuant to paragraphs (3) and (4) of subsection (h), including any revision of such guidance issued in accordance with paragraph (5) of such subsection. (B) The transaction information required under this section shall include the product identifier at the package level for each package included in the transaction. (C) Systems and processes for verification of product at the package level, including the standardized numerical identifier, shall be required in accordance with the standards established under the guidance issued pursuant to subsection (a)(2) and the guidances issued pursuant to paragraphs (2), (3), and (4) of subsection (h), including any revision of such guidances issued in accordance with paragraph (5) of such subsection, which may include the use of aggregation and inference as necessary. (D) The systems and processes necessary to promptly respond with the transaction information and transaction statement for a product upon a request by the Secretary (or other appropriate Federal or State official) in the event of a recall or for the purposes of investigating a suspect product or an illegitimate product shall be required. (E) The systems and processes necessary to promptly facilitate gathering the information necessary to produce the transaction information for each transaction going back to the manufacturer, as applicable, shall be required— (i) in the event of a request by the Secretary (or other appropriate Federal or State official), on account of a recall or for the purposes of investigating a suspect product or an illegitimate product; or (ii) in the event of a request by an authorized trading partner, in a secure manner that ensures the protection of confidential commercial information and trade secrets, for purposes of investigating a suspect product or assisting the Secretary (or other appropriate Federal or State official) with a request described in clause (i). (F) Each person accepting a saleable return shall have systems and processes in place to allow acceptance of such product and may accept saleable returns only if such person can associate the saleable return product with the transaction information and transaction statement associated with that product. (2) Compliance (A) Information maintenance agreement A dispenser may enter into a written agreement with a third party, including an authorized wholesale distributor, under which the third party shall confidentially maintain any information and statements required to be maintained under this section. If a dispenser enters into such an agreement, the dispenser shall maintain a copy of the written agreement and shall not be relieved of the obligations of the dispenser under this subsection. (B) Alternative methods The Secretary, taking into consideration the assessment conducted under paragraph (3), shall provide for alternative methods of compliance with any of the requirements set forth in paragraph (1), including— (i) establishing timelines for compliance by small businesses (including small business dispensers with 25 or fewer full-time employees) with such requirements, in order to ensure that such requirements do not impose undue economic hardship for small businesses, including small business dispensers for whom the criteria set forth in the assessment under paragraph (3) is not met, if the Secretary determines that such requirements under paragraph (1) would result in undue economic hardship; and (ii) establishing a process by which a dispenser may request a waiver from any of the requirements set forth in paragraph (1) if the Secretary determines that such requirements would result in an undue economic hardship, which shall include a process for the biennial review and renewal of any such waiver. (3) Assessment (A) In general Not later than the date that is 18 months after the Secretary issues the final guidance required under subsection (h), the Secretary shall enter into a contract with a private, independent consulting firm with expertise to conduct a technology and software assessment that looks at the feasibility of dispensers with 25 or fewer full-time employees conducting interoperable, electronic tracing of products at the package level. Such assessment shall be completed not later than 8½ years after the date of enactment of the Drug Supply Chain Security Act . (B) Condition As a condition of the award of the contract under subparagraph (A), the private, independent consulting firm shall agree to consult with dispensers with 25 or fewer full-time employees when conducting the assessment under such subparagraph. (C) Content The assessment under subparagraph (A) shall assess whether— (i) the necessary software and hardware is readily accessible to such dispensers; (ii) the necessary software and hardware is prohibitively expensive to obtain, install, and maintain for such dispensers; and (iii) the necessary hardware and software can be integrated into business practices, such as interoperability with wholesale distributors, for such dispensers. (D) Publication The Secretary shall— (i) publish the statement of work for the assessment under subparagraph (A) for public comment prior to beginning the assessment; (ii) publish the final assessment for public comment not later than 30 calendar days after receiving such assessment; and (iii) hold a public meeting not later than 180 calendar days after receiving the final assessment at which public stakeholders may present their views on the assessment. (4) Procedure Notwithstanding section 553 of title 5, United States Code, the Secretary, in promulgating any regulation pursuant to this section, shall— (A) provide appropriate flexibility by— (i) not requiring the adoption of specific business systems for the maintenance and transmission of data; (ii) prescribing alternative methods of compliance for any of the requirements set forth in paragraph (1) or set forth in regulations implementing such requirements, including— (I) timelines for small businesses to comply with the requirements set forth in the regulations in order to ensure that such requirements do not impose undue economic hardship for small businesses (including small business dispensers for whom the criteria set forth in the assessment under paragraph (3) is not met), if the Secretary determines that such requirements would result in undue economic hardship; and (II) the establishment of a process by which a dispenser may request a waiver from any of the requirements set forth in such regulations if the Secretary determines that such requirements would result in an undue economic hardship; and (iii) taking into consideration— (I) the results of pilot projects, including pilot projects pursuant to this section and private sector pilot projects, including those involving the use of aggregation and inference; (II) the public meetings held and related guidance documents issued under this section; (III) the public health benefits of any additional regulations in comparison to the cost of compliance with such requirements, including on entities of varying sizes and capabilities; (IV) the diversity of the pharmaceutical distribution supply chain by providing appropriate flexibility for each sector, including both large and small businesses; and (V) the assessment pursuant to paragraph (3) with respect to small business dispensers, including related public comment and the public meeting, and requirements under this section; (B) issue a notice of proposed rulemaking that includes a copy of the proposed regulation; (C) provide a period of not less than 60 days for comments on the proposed regulation; and (D) publish in the Federal Register the final regulation not less than 2 years prior to the effective date of the regulation. (h) Guidance documents (1) In general For the purposes of facilitating the successful and efficient adoption of secure, interoperable product tracing at the package level in order to enhance drug distribution security and further protect the public health, the Secretary shall issue the guidance documents as provided for in this subsection. (2) Suspect and illegitimate product (A) In general Not later than 180 days after the date of enactment of the Drug Supply Chain Security Act , the Secretary shall issue a guidance document to aid trading partners in the identification of a suspect product and notification termination. Such guidance document shall— (i) identify specific scenarios that could significantly increase the risk of a suspect product entering the pharmaceutical distribution supply chain; (ii) provide recommendation on how trading partners may identify such product and make a determination on whether the product is a suspect product as soon as practicable; and (iii) set forth the process by which manufacturers, repackagers, wholesale distributors, and dispensers shall terminate notifications in consultation with the Secretary regarding illegitimate product pursuant to subsections (b)(4)(B), (c)(4)(B), (d)(4)(B), and (e)(4)(B). (B) Revised guidance If the Secretary revises the guidance issued under subparagraph (A), the Secretary shall follow the procedure set forth in paragraph (5). (3) Unit level tracing (A) In general In order to enhance drug distribution security at the package level, not later than 18 months after conducting a public meeting on the system attributes necessary to enable secure tracing of product at the package level, including allowing for the use of verification, inference, and aggregation, as necessary, the Secretary shall issue a final guidance document that outlines and makes recommendations with respect to the system attributes necessary to enable secure tracing at the package level as required under the requirements established under subsection (g). Such guidance document shall— (i) define the circumstances under which the sectors within the pharmaceutical distribution supply chain may, in the most efficient manner practicable, infer the contents of a case, pallet, tote, or other aggregate of individual packages or containers of product, from a product identifier associated with the case, pallet, tote, or other aggregate, without opening each case, pallet, tote, or other aggregate or otherwise individually scanning each package; (ii) identify methods and processes to enhance secure tracing of product at the package level, such as secure processes to facilitate the use of inference, enhanced verification activities, the use of aggregation and inference, processes that utilize the product identifiers to enhance tracing of product at the package level, including the standardized numerical identifier, or package security features; and (iii) ensure the protection of confidential commercial information and trade secrets. (B) Procedure In issuing the guidance under subparagraph (A), and in revising such guidance, if applicable, the Secretary shall follow the procedure set forth in paragraph (5). (4) Standards for interoperable data exchange (A) In general In order to enhance secure tracing of a product at the package level, the Secretary, not later than 18 months after conducting a public meeting on the interoperable standards necessary to enhance the security of the pharmaceutical distribution supply chain, shall update the guidance issued pursuant to subsection (a)(2), as necessary and appropriate, and finalize such guidance document so that the guidance document— (i) identifies and makes recommendations with respect to the standards necessary for adoption in order to support the secure, interoperable electronic data exchange among the pharmaceutical distribution supply chain that comply with a form and format developed by a widely recognized international standards development organization; (ii) takes into consideration standards established pursuant to subsection (a)(2) and section 505D; (iii) facilitates the creation of a uniform process or methodology for product tracing; and (iv) ensures the protection of confidential commercial information and trade secrets. (B) Procedure In issuing the guidance under subparagraph (A), and in revising such guidance, if applicable, the Secretary shall follow the procedure set forth in paragraph (5). (5) Procedure In issuing or revising any guidance issued pursuant to this subsection or subsection (g), except the initial guidance issued under paragraph (2)(A), the Secretary shall— (A) publish a notice in the Federal Register for a period not less than 30 days announcing that the draft or revised draft guidance is available; (B) post the draft guidance document on the Internet Web site of the Food and Drug Administration and make such draft guidance document available in hard copy; (C) provide an opportunity for comment and review and take into consideration any comments received; (D) revise the draft guidance, as appropriate; (E) publish a notice in the Federal Register for a period not less than 30 days announcing that the final guidance or final revised guidance is available; (F) post the final guidance document on the Internet Web site of the Food and Drug Administration and make such final guidance document available in hard copy; and (G) provide for an effective date of not earlier than 1 year after such guidance becomes final. (i) Public meetings (1) In general The Secretary shall hold not less than 5 public meetings to enhance the safety and security of the pharmaceutical distribution supply chain and provide for comment. The Secretary may hold the first such public meeting not earlier than 1 year after the date of enactment of the Drug Supply Chain Security Act . In carrying out the public meetings described in this paragraph, the Secretary shall— (A) prioritize topics necessary to inform the issuance of the guidance described in paragraphs (3) and (4) of subsection (h); and (B) take all measures reasonable and practicable to ensure the protection of confidential commercial information and trade secrets. (2) Content Each of the following topics shall be addressed in at least one of the public meetings described in paragraph (1): (A) An assessment of the steps taken under subsections (b) through (e) to build capacity for a unit-level system, including the impact of the requirements of such subsections on— (i) the ability of the health care system collectively to maintain patient access to medicines; (ii) the scalability of such requirements, including as it relates to product lines; and (iii) the capability of different sectors and subsectors, including both large and small businesses, to affix and utilize the product identifier. (B) The system attributes necessary to support the requirements set forth under subsection (g), including the standards necessary for adoption in order to support the secure, interoperable electronic data exchange among sectors within the pharmaceutical distribution supply chain. (C) Best practices in each of the different sectors within the pharmaceutical distribution supply chain to implement the requirements of this section. (D) The costs and benefits of the implementation of this section, including the impact on each pharmaceutical distribution supply chain sector and on public health. (E) Whether electronic tracing requirements, including tracing of product at the package level, are feasible, cost effective, and needed to protect the public health. (F) The systems and processes needed to utilize the product identifiers to enhance tracing of product at the package level, including allowing for verification, aggregation, and inference, as necessary. (G) The technical capabilities and legal authorities, if any, needed to establish an interoperable, electronic system that provides for tracing of product at the package level. (H) The impact that such additional requirements would have on patient safety, the drug supply, cost and regulatory burden, and timely patient access to prescription drugs. (I) Other topics, as determined appropriate by the Secretary. (j) Pilot projects (1) In general The Secretary shall establish 1 or more pilot projects, in coordination with authorized manufacturers, repackagers, wholesale distributors, and dispensers, to explore and evaluate methods to enhance the safety and security of the pharmaceutical distribution supply chain. Such projects shall build upon efforts, in existence as of the date of enactment of the Drug Supply Chain Security Act , to enhance the safety and security of the pharmaceutical distribution supply chain, take into consideration any pilot projects conducted prior to such date of enactment, including any pilot projects that use aggregation and inference, and inform the draft and final guidance under paragraphs (3) and (4) of subsection (h). (2) Content (A) In general The Secretary shall ensure that the pilot projects under paragraph (1) reflect the diversity of the pharmaceutical distribution supply chain and that the pilot projects, when taken as a whole, include participants representative of every sector, including both large and small businesses. (B) Project design The pilot projects under paragraph (1) shall be designed to— (i) utilize the product identifier for tracing of a product, which may include verification of the product identifier of a product, including the use of aggregation and inference; (ii) improve the technical capabilities of each sector and subsector to comply with systems and processes needed to utilize the product identifiers to enhance tracing of a product; (iii) identify system attributes that are necessary to implement the requirements established under this section; and (iv) complete other activities as determined by the Secretary. (k) Sunset The following requirements shall have no force or effect beginning on the date that is 10 years after the date of enactment of the Drug Supply Chain Security Act : (1) The provision and receipt of transaction history under this section. (2) The requirements set forth for returns under subsections (b)(4)(E), (c)(1)(B)(i), (d)(1)(C)(i), and (e)(4)(E). (3) The requirements set forth under subparagraphs (A)(v)(II) and (D) of subsection (c)(1), as applied to lot level information only. (l) Rule of construction The requirements set forth in subsections (g)(4), (i), and (j) shall not be construed as a condition, prohibition, or precedent for precluding or delaying the provisions becoming effective pursuant to subsection (g). (m) Requests for information On the date that is 10 years after the date of enactment of the Drug Supply Chain Security Act , the timeline for responses to requests for information from the Secretary, or other appropriate Federal or State official, as applicable, under subsections (b)(1)(B), (c)(1)(C), and (e)(1)(C) shall be not later than 24 hours after receiving the request from the Secretary or other appropriate Federal or State official, as applicable, or in such other reasonable time as determined by the Secretary based on the circumstances of the request. . 204. National standards for prescription drug wholesale distributors (a) Amendments (1) Requirement Section 503(e) ( 21 U.S.C. 353(e) ) is amended by striking paragraphs (1), (2), and (3) and inserting the following: (1) Requirement Subject to section 583: (A) In general No person may engage in wholesale distribution of a drug subject to subsection (b)(1) in any State unless such person— (i) (I) is licensed by the State from which the drug is distributed; or (II) if the State from which the drug is distributed has not established a licensure requirement, is licensed by the Secretary; and (ii) if the drug is distributed interstate, is licensed by the State into which the drug is distributed if the State into which the drug is distributed requires the licensure of a person that distributes drugs into the State. (B) Standards Each Federal and State license described in subparagraph (A) shall meet the standards, terms, and conditions established by the Secretary under section 583. (2) Reporting and database (A) Reporting Beginning January 1, 2015, any person who owns or operates an establishment that engages in wholesale distribution shall— (i) report to the Secretary, on an annual basis pursuant to a schedule determined by the Secretary— (I) each State by which the person is licensed and the appropriate identification number of each such license; and (II) the name, address, and contact information of each facility at which, and all trade names under which, the person conducts business; and (ii) report to the Secretary within a reasonable period of time and in a reasonable manner, as determined by the Secretary, any significant disciplinary actions, such as the revocation or suspension of a wholesale distributor license, taken by a State or the Federal Government during the reporting period against the wholesale distributor. (B) Database Not later than January 1, 2015, the Secretary shall establish a database of authorized wholesale distributors. Such database shall— (i) identify each authorized wholesale distributor by name, contact information, and each State where such wholesale distributor is appropriately licensed to engage in wholesale distribution; (ii) be available to the public on the Internet Web site of the Food and Drug Administration; and (iii) be regularly updated on a schedule determined by the Secretary. (C) Coordination The Secretary shall establish a format and procedure for appropriate State officials to access the information provided pursuant to subparagraph (A) in a prompt and secure manner. (D) Confidentiality Nothing in this paragraph shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code. (3) Costs (A) Authorized fees of secretary If a State does not establish a licensing program for persons engaged in the wholesale distribution of a drug subject to subsection (b), the Secretary shall license a person engaged in wholesale distribution located in such State and may collect a reasonable fee in such amount necessary to reimburse the Secretary for costs associated with establishing and administering the licensure program and conducting periodic inspections under this section. The Secretary shall adjust fee rates as needed on an annual basis to generate only the amount of revenue needed to perform this service. Fees authorized under this paragraph 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. (B) State licensing fees Nothing in this Act shall prohibit States from collecting fees from wholesale distributors in connection with State licensing of such distributors. . (2) Wholesale distribution Section 503(e) ( 21 U.S.C. 353(e) ), as amended by paragraph (1), is further amended by adding at the end the following: (4) For the purposes of this subsection and subsection (d), the term wholesale distribution means the distribution of a drug subject to subsection (b) to a person other than a consumer or patient, or receipt of a drug subject to subsection (b) by a person other than the consumer or patient, but does not include— (A) intracompany distribution of any drug between members of an affiliate or within a manufacturer; (B) the distribution of a drug, or an offer to distribute a drug among hospitals or other health care entities which are under common control; (C) the distribution of a drug or an offer to distribute a drug for emergency medical reasons, including a public health emergency declaration pursuant to section 319 of the Public Health Service Act, except that, for purposes of this paragraph, a drug shortage not caused by a public health emergency shall not constitute an emergency medical reason; (D) the dispensing of a drug pursuant to a prescription executed in accordance with subsection (b)(1); (E) the distribution of minimal quantities of drug by a licensed retail pharmacy to a licensed practitioner for office use; (F) the distribution of a drug or an offer to distribute a drug by a charitable organization to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (G) the purchase or other acquisition by a dispenser, hospital, or other health care entity of a drug for use by such dispenser, hospital, or other health care entity; (H) the distribution of a drug by the manufacturer of such drug; (I) the receipt or transfer of a drug by an authorized third-party logistics provider provided that such third-party logistics provider does not take ownership of the drug; (J) a common carrier that transports a drug, provided that the common carrier does not take ownership of the drug; (K) the distribution of a drug, or an offer to distribute a drug by an authorized repackager that has taken ownership or possession of the drug and repacks it in accordance with section 582(e); (L) salable drug returns when conducted by a dispenser; (M) the distribution of a collection of finished medical devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or user (referred to in this subparagraph as a medical convenience kit ) if— (i) the medical convenience kit is assembled in an establishment that is registered with the Food and Drug Administration as a device manufacturer in accordance with section 510(b)(2); (ii) the medical convenience kit does not contain a controlled substance that appears in a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of 1970; (iii) in the case of a medical convenience kit that includes a product, the person that manufacturers the kit— (I) purchased such product directly from the pharmaceutical manufacturer or from a wholesale distributor that purchased the product directly from the pharmaceutical manufacturer; and (II) does not alter the primary container or label of the product as purchased from the manufacturer or wholesale distributor; and (iv) in the case of a medical convenience kit that includes a product, the product is— (I) an intravenous solution intended for the replenishment of fluids and electrolytes; (II) a product intended to maintain the equilibrium of water and minerals in the body; (III) a product intended for irrigation or reconstitution; (IV) an anesthetic; (V) an anticoagulant; (VI) a vasopressor; or (VII) a sympathomimetic; (N) the distribution of an intravenous drug that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids); (O) the distribution of an intravenous drug used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions; (P) the distribution of a drug that is intended for irrigation, or sterile water, whether intended for such purposes or for injection; (Q) the distribution of medical gas, as defined in section 575; (R) facilitating the distribution of a product by providing solely administrative services, including processing of orders and payments; or (S) the transfer of a product by a hospital or other health care entity, or by a wholesale distributor or manufacturer operating at the direction of the hospital or other health care entity, to a repackager described in section 581(16)(B) and registered under section 510 for the purpose of repackaging the drug for use by that hospital, or other health care entity and other health care entities that are under common control, if ownership of the drug remains with the hospital or other health care entity at all times. . (3) Third-party logistics providers Section 503(e) ( 21 U.S.C. 353(e) ), as amended by paragraph (2), is further amended by adding at the end the following: (5) Third-party logistics providers Notwithstanding paragraphs (1) through (4), each entity that meets the definition of a third-party logistics provider under section 581(22) shall obtain a license as a third-party logistics provider as described in section 584(a) and is not required to obtain a license as a wholesale distributor if the entity never assumes an ownership interest in the product it handles. . (4) Affiliate Section 503(e) ( 21 U.S.C. 353(e) ), as amended by paragraph (3), is further amended by adding at the end the following: (6) Affiliate For purposes of this subsection, the term affiliate means a business entity that has a relationship with a second business entity if, directly or indirectly— (A) one business entity controls, or has the power to control, the other business entity; or (B) a third party controls, or has the power to control, both of the business entities. . (5) Standards Subchapter H of chapter V, as added by section 202, is amended by adding at the end the following: 583. National standards for prescription drug wholesale distributors (a) In general The Secretary shall, not later than 2 years after the date of enactment of the Drug Supply Chain Security Act , establish by regulation standards for the licensing of persons under section 503(e)(1) (as amended by the Drug Supply Chain Security Act ), including the revocation, reissuance, and renewal of such license. (b) Content For the purpose of ensuring uniformity with respect to standards set forth in this section, the standards established under subsection (a) shall apply to all State and Federal licenses described under section 503(e)(1) (as amended by the Drug Supply Chain Security Act ) and shall include standards for the following: (1) The storage and handling of prescription drugs, including facility requirements. (2) The establishment and maintenance of records of the distributions of such drugs. (3) The furnishing of a bond or other equivalent means of security, as follows: (A) (i) For the issuance or renewal of a wholesale distributor license, an applicant that is not a government owned and operated wholesale distributor shall submit a surety bond of $100,000 or other equivalent means of security acceptable to the State. (ii) For purposes of clause (i), the State or other applicable authority may accept a surety bond in the amount of $25,000 if the annual gross receipts of the previous tax year for the wholesaler is $10,000,000 or less. (B) If a wholesale distributor can provide evidence that it possesses the required bond in a State, the requirement for a bond in another State shall be waived. (4) Mandatory background checks and fingerprinting of facility managers or designated representatives. (5) The establishment and implementation of qualifications for key personnel. (6) The mandatory physical inspection of any facility to be used in wholesale distribution within a reasonable time frame from the initial application of the facility and to be conducted by the licensing authority or by the State, consistent with subsection (c). (7) In accordance with subsection (d), the prohibition of certain persons from receiving or maintaining licensure for wholesale distribution. (c) Inspections To satisfy the inspection requirement under subsection (b)(6), the Federal or State licensing authority may conduct the inspection or may accept an inspection by the State in which the facility is located, or by a third-party accreditation or inspection service approved by the Secretary or the State licensing such wholesale distributor. (d) Prohibited persons The standards established under subsection (a) shall include requirements to prohibit a person from receiving or maintaining licensure for wholesale distribution if the person— (1) has been convicted of any felony for conduct relating to wholesale distribution, any felony violation of subsection (i) or (k) of section 301, or any felony violation of section 1365 of title 18, United States Code, relating to product tampering; or (2) has engaged in a pattern of violating the requirements of this section, or State requirements for licensure, that presents a threat of serious adverse health consequences or death to humans. (e) Requirements The Secretary, in promulgating any regulation pursuant to this section, shall, notwithstanding section 553 of title 5, United States Code— (1) issue a notice of proposed rulemaking that includes a copy of the proposed regulation; (2) provide a period of not less than 60 days for comments on the proposed regulation; and (3) provide that the final regulation take effect on the date that is 2 years after the date such final regulation is published. . (b) Authorized distributors of record Section 503(d) ( 21 U.S.C. 353(d) ) is amended by adding at the end the following: (4) In this subsection, the term authorized distributors of record means those distributors with whom a manufacturer has established an ongoing relationship to distribute such manufacturer's products. . (c) Effective date The amendments made by subsections (a) and (b) shall take effect on January 1, 2015. 205. National standards for third-party logistics providers; uniform national policy Subchapter H of chapter V, as amended by section 204, is further amended by adding at the end the following: 584. National standards for third-party logistics providers (a) Requirements No third-party logistics provider in any State may conduct activities in any State unless each facility of such third-party logistics provider— (1) (A) is licensed by the State from which the drug is distributed by the third-party logistics provider, in accordance with the regulations promulgated under subsection (d); or (B) if the State from which the drug distributed by the third-party logistics provider has not established a licensure requirement, is licensed by the Secretary, in accordance with the regulations promulgated under subsection (d); and (2) if the drug is distributed interstate, is licensed by the State into which the drug is distributed by the third-party logistics provider if such State licenses third-party logistics providers that distribute drugs into the State and the third-party logistics provider is not licensed by the Secretary as described in paragraph (1)(B). (b) Reporting Beginning 1 year after the date of enactment of the Drug Supply Chain Security Act , a facility of a third-party logistics provider shall report to the Secretary, on an annual basis pursuant to a schedule determined by the Secretary— (1) the State by which the facility is licensed and the appropriate identification number of such license; and (2) the name and address of the facility and all trade names under which such facility conducts business. (c) Costs (1) Authorized fees of secretary If a State does not establish a licensing program for a third-party logistics provider, the Secretary shall license the third-party logistics provider located in such State and may collect a reasonable fee in such amount necessary to reimburse the Secretary for costs associated with establishing and administering the licensure program and conducting periodic inspections under this section. The Secretary shall adjust fee rates as needed on an annual basis to generate only the amount of revenue needed to perform this service. Fees authorized under this paragraph 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. (2) State licensing fees (A) State established program Nothing in this Act shall prohibit a State that has established a program to license a third-party logistics provider from collecting fees from a third-party logistics provider for such a license. (B) No State established program A State that does not establish a program to license a third-party logistics provider in accordance with this section shall be prohibited from collecting a State licensing fee from a third-party logistics provider. (d) Regulations (1) In general Not later than 2 years after the date of enactment of the Drug Supply Chain Security Act , the Secretary shall issue regulations regarding the standards for licensing under subsection (a), including the revocation and reissuance of such license, to third-party logistics providers under this section. (2) Content Such regulations shall— (A) establish a process by which a third-party accreditation program approved by the Secretary shall, upon request by a third-party logistics provider, issue a license to each third-party logistics provider that meets the requirements set forth in this section; (B) establish a process by which the Secretary shall issue a license to each third-party logistics provider that meets the requirements set forth in this section if the Secretary is not able to approve a third-party accreditation program because no such program meets the Secretary’s requirements necessary for approval of such a third-party accreditation program; (C) require that the entity complies with storage practices, as determined by the Secretary for such facility, including— (i) maintaining access to warehouse space of suitable size to facilitate safe operations, including a suitable area to quarantine suspect product; (ii) maintaining adequate security; and (iii) having written policies and procedures to— (I) address receipt, security, storage, inventory, shipment, and distribution of a product; (II) identify, record, and report confirmed losses or thefts in the United States; (III) correct errors and inaccuracies in inventories; (IV) provide support for manufacturer recalls; (V) prepare for, protect against, and address any reasonably foreseeable crisis that affects security or operation at the facility, such as a strike, fire, or flood; (VI) ensure that any expired product is segregated from other products and returned to the manufacturer or repackager or destroyed; (VII) maintain the capability to trace the receipt and outbound distribution of a product, and supplies and records of inventory; and (VIII) quarantine or destroy a suspect product if directed to do so by the respective manufacturer, wholesale distributor, dispenser, or an authorized government agency; (D) provide for periodic inspection by the licensing authority, as determined by the Secretary, of such facility warehouse space to ensure compliance with this section; (E) prohibit a facility from having as a manager or designated representative anyone convicted of any felony violation of subsection (i) or (k) of section 301 or any violation of section 1365 of title 18, United States Code relating to product tampering; (F) provide for mandatory background checks of a facility manager or a designated representative of such manager; (G) require a third-party logistics provider to provide the applicable licensing authority, upon a request by such authority, a list of all product manufacturers, wholesale distributors, and dispensers for whom the third-party logistics provider provides services at such facility; and (H) include procedures under which any third-party logistics provider license— (i) expires on the date that is 3 years after issuance of the license; and (ii) may be renewed for additional 3-year periods. (3) Procedure In promulgating the regulations under this subsection, the Secretary shall, notwithstanding section 553 of title 5, United States Code— (A) issue a notice of proposed rulemaking that includes a copy of the proposed regulation; (B) provide a period of not less than 60 days for comments on the proposed regulation; and (C) provide that the final regulation takes effect upon the expiration of 1 year after the date that such final regulation is issued. (e) Validity A license issued under this section shall remain valid as long as such third-party logistics provider remains licensed consistent with this section. If the Secretary finds that the third-party accreditation program demonstrates that all applicable requirements for licensure under this section are met, the Secretary shall issue a license under this section to a third-party logistics provider receiving accreditation, pursuant to subsection (d)(2)(A). 585. Uniform national policy (a) Product tracing and other requirements Beginning on the date of enactment of the Drug Supply Chain Security Act , no State or political subdivision of a State may establish or continue in effect any requirements for tracing products through the distribution system (including any requirements with respect to statements of distribution history, transaction history, transaction information, or transaction statement of a product as such product changes ownership in the supply chain, or verification, investigation, disposition, notification, or recordkeeping relating to such systems, including paper or electronic pedigree systems or for tracking and tracing drugs throughout the distribution system) which are inconsistent with, more stringent than, or in addition to, any requirements applicable under section 503(e) (as amended by such Act) or this subchapter (or regulations issued thereunder), or which are inconsistent with— (1) any waiver, exception, or exemption pursuant to section 581 or 582; or (2) any restrictions specified in section 582. (b) Wholesale Distributor and Third-Party Logistics Provider standards (1) In general Beginning on the date of enactment of the Drug Supply Chain Security Act , no State or political subdivision of a State may establish or continue any standards, requirements, or regulations with respect to wholesale prescription drug distributor or third-party logistics provider licensure that are inconsistent with, less stringent than, directly related to, or covered by the standards and requirements applicable under section 503(e) (as amended by such Act), in the case of a wholesale distributor, or section 584, in the case of a third-party logistics provider. (2) State regulation of third-party logistics providers No State shall regulate third-party logistics providers as wholesale distributors. (3) Administration fees Notwithstanding paragraph (1), a State may administer fee collections for effectuating the wholesale drug distributor and third-party logistics provider licensure requirements under sections 503(e) (as amended by the Drug Supply Chain Security Act ), 583, and 584. (4) Enforcement, suspension, and revocation Notwithstanding paragraph (1), a State— (A) may take administrative action, including fines, to enforce a requirement promulgated by the State in accordance with section 503(e) (as amended by the Drug Supply Chain Security Act ) or this subchapter; (B) may provide for the suspension or revocation of licenses issued by the State for violations of the laws of such State; (C) upon conviction of violations of Federal, State, or local drug laws or regulations, may provide for fines, imprisonment, or civil penalties; and (D) may regulate activities of licensed entities in a manner that is consistent with product tracing requirements under section 582. (c) Exception Nothing in this section shall be construed to preempt State requirements related to the distribution of prescription drugs if such requirements are not related to product tracing as described in subsection (a) or wholesale distributor and third-party logistics provider licensure as described in subsection (b) applicable under section 503(e) (as amended by the Drug Supply Chain Security Act ) or this subchapter (or regulations issued thereunder). . 206. Penalties (a) Prohibited act Section 301(t) ( 21 U.S.C. 331(t) ), is amended— (1) by striking or after the requirements of section 503(d), ; and (2) by inserting , failure to comply with the requirements under section 582, the failure to comply with the requirements under section 584, as applicable, after in violation of section 503(e) . (b) Misbranding Section 502 ( 21 U.S.C. 352 ), as amended by section 103, is further amended by adding at the end the following: (cc) If it is a drug and it fails to bear the product identifier as required by section 582. . 207. Conforming amendment (a) In general Section 303(b)(1)(D) ( 21 U.S.C. 333(b)(1)(D) ) is amended by striking 503(e)(2)(A) and inserting 503(e)(1) . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2015. 208. Savings clause Except as provided in the amendments made by paragraphs (1), (2), and (3) of section 204(a) and by section 206(a), nothing in this title (including the amendments made by this title) shall be construed as altering any authority of the Secretary of Health and Human Services with respect to a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ) under any other provision of such Act or the Public Health Service Act ( 42 U.S.C. 201 et seq. ). Passed the House of Representatives September 28, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr3204eh/xml/BILLS-113hr3204eh.xml

113-hr-3205

I 113th CONGRESS 1st Session H. R. 3205 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. Camp (for himself, Mr. Levin , Mr. Reichert , and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To reauthorize and restructure the adoption incentives grant program, and for other purposes. 1. Short title This Act may be cited as the Promoting Adoption and Legal Guardianship for Children in Foster Care Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Adoption incentives grant program Sec. 101. Extension of program through fiscal year 2016. Sec. 102. Improvements to award structure. Sec. 103. Renaming of program. Sec. 104. Limitation on use of incentive payments. Sec. 105. Increase in period for which incentive payments are available for expenditure. Sec. 106. State report on calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance; requirement to spend 20 percent of savings on post-adoption services. Sec. 107. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian. Sec. 108. Effective dates. Title II—Extension of family connection grant program Sec. 201. Extension of family connection grant program. Title III—Unemployment compensation Sec. 301. Improving the collection of unemployment insurance overpayments through tax refund offset. I Adoption incentives grant program 101. Extension of program through fiscal year 2016 Section 473A of the Social Security Act ( 42 U.S.C. 673b ) is amended— (1) in subsection (b)(5), by striking 2008 through 2012 and inserting 2013 through 2015 ; and (2) in each of paragraphs (1)(D) and (2) of subsection (h), by striking 2013 and inserting 2016 . 102. Improvements to award structure (a) Eligibility for award Section 473A(b) of the Social Security Act ( 42 U.S.C. 673b(b) ) is amended by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (b) Data requirements Section 473A(c)(2) of such Act ( 42 U.S.C. 673b(c)(2) ) is amended— (1) in the paragraph heading, by striking numbers of adoptions and inserting rates of adoptions and guardianships ; and (2) by striking the numbers and all that follows through section, and inserting each of the rates required to be determined under this section with respect to a State and a fiscal year, . (c) Award amount Section 473A(d) of such Act ( 42 U.S.C. 673b(d) ) is amended— (1) in paragraph (1)— (A) by striking paragraphs (2) and (3) and inserting paragraph (2) ; and (B) by striking subparagraphs (A) through (C) and inserting the following: (A) $2,000, multiplied by the amount (if any) by which— (i) the number of foster child adoptions in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of foster child adoptions for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year; (B) $4,000, multiplied by the amount (if any) by which— (i) the number of pre-adolescent child adoptions in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of pre-adolescent child adoptions for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 9 years of age but not 14 years of age; and (C) $8,000, multiplied by the amount (if any) by which— (i) the number of older child adoptions in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of older child adoptions for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 14 years of age; and (D) $1,000, multiplied by the amount (if any) by which— (i) the number of foster child guardianships in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of foster child guardianships for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. ; and (2) by striking paragraph (3). (d) Definitions Section 473A(g) of such Act ( 42 U.S.C. 673b(g) ) is amended by striking paragraphs (1) through (8) and inserting the following: (1) Foster child adoption rate The term foster child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of foster child adoptions finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. (2) Base rate of foster child adoptions The term base rate of foster child adoptions means, with respect to a State and a fiscal year, the lesser of— (A) the foster child adoption rate for the State for fiscal year 2007; or (B) the foster child adoption rate for the State for the then preceding fiscal year. (3) Foster child adoption The term foster child 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. (4) Pre-adolescent child adoption rate The term pre-adolescent child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of pre-adolescent child adoptions finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 9 years of age but not 14 years of age. (5) Base rate of pre-adolescent child adoptions The term base rate of pre-adolescent child adoptions means, with respect to a State and a fiscal year, the lesser of— (A) the pre-adolescent child adoption rate for the State for fiscal year 2007; or (B) the pre-adolescent child adoption rate for the State for the then preceding fiscal year. (6) Pre-adolescent child adoption The term pre-adolescent child adoption means the final adoption of a child who has attained 9 years of age but not 14 years of age if— (A) at the time of the adoptive placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 473 with respect to the child. (7) Older child adoption rate The term older child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of older child adoptions finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 14 years of age. (8) Base rate of older child adoptions The term base rate of older child adoptions means, with respect to a State and a fiscal year, the lesser of— (A) the older child adoption rate for the State for fiscal year 2007; or (B) the older child adoption rate for the State for the then preceding fiscal year. (9) Older child adoption The term older child adoption means the final adoption of a child who has attained 14 years of age if— (A) at the time of the adoptive placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 473 with respect to the child. (10) Foster child guardianship rate The term foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of foster child guard­ian­ships occurring in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. (11) Base rate of foster child guard­ian­ships The term base rate of foster child guardianships means, with respect to a State and a fiscal year, the lesser of— (A) the foster child guardianship rate for the State for fiscal year 2007; or (B) the foster child guardianship rate for the State for the then preceding fiscal year. (12) Foster child guardianship The term foster child guardianship means, with respect to a State, the exit of a child from foster care under the responsibility of the State to live with a legal guardian, if the State has reported to the Secretary— (A) that the State agency has determined that— (i) the child has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; (ii) being returned home or adopted are not appropriate permanency options for the child; (iii) the child demonstrates a strong attachment to the prospective legal guardian, and the prospective legal guardian has a strong commitment to caring permanently for the child; and (iv) if the child has attained 14 years of age, the child has been consulted regarding the legal guardianship arrangement; or (B) the alternative procedures used by the State to determine that legal guardianship is the appropriate option for the child. . 103. Renaming of program (a) In general The section heading of section 473A of the Social Security Act ( 42 U.S.C. 673b ) is amended to read as follows: 473A. Adoption and legal guardianship incentive payments . (b) Conforming amendments (1) Section 473A of such Act is amended in each of subsections (a), (d)(1), (d)(2)(A), and (d)(2)(B) ( 42 U.S.C. 673b(a) , (d)(1), (d)(2)(A), and (d)(2)(B)) by inserting and legal guardianship after adoption each place it appears. (2) The heading of section 473A(d) of such Act ( 42 U.S.C. 673b(d) ) is amended by inserting and legal guardianship after adoption . 104. Limitation on use of incentive payments Section 473A(f) of the Social Security Act ( 42 U.S.C. 673b(f) ) is amended in the 1st sentence by inserting , and shall use the amount to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or E before the period. 105. Increase in period for which incentive payments are available for expenditure Section 473A(e) of the Social Security Act ( 42 U.S.C. 673b(e) ) is amended— (1) in the subsection heading, by striking 24 -month and inserting 36 -month ; and (2) by striking 24-month and inserting 36-month . 106. State report on calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance; requirement to spend 20 percent of savings on post-adoption services Section 473(a)(8) of the Social Security Act ( 42 U.S.C. 673(a)(8) ) is amended to read as follows: (8) (A) A State shall calculate the savings (if any) resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, using a methodology specified by the Secretary or an alternate methodology proposed by the State and approved by the Secretary. (B) A State shall annually report to the Secretary— (i) the methodology used to make the calculation described in subparagraph (A), without regard to whether any savings are found; (ii) the amount of any savings referred to in subparagraph (A); and (iii) how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or E. (C) The Secretary shall make all information reported pursuant to subparagraph (B) available on the website of the Department of Health and Human Services in a location easily accessible to the public. (D) A State shall spend an amount equal to the amount of the savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, to provide to children of families any service that may be provided under this part or part B, and shall spend not less than 20 percent of any such savings on post-adoption services. Any such spending shall be used to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or E. . 107. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian Section 473(d)(3) of the Social Security Act ( 42 U.S.C. 673(d)(3) ) is amended by adding at the end the following: (C) Eligibility not affected by replacement of guardian with a successor guardian In the event of the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship assistance agreement referred to in paragraph (1) (including in any amendment to the agreement), notwithstanding subparagraph (A) of this paragraph and section 471(a)(28). . 108. Effective dates (a) In general Except as otherwise provided in this section, the amendments made by this Act shall take effect on October 1, 2013. (b) Restructuring and renaming of program (1) In general The amendments made by sections 102 and 103 shall take effect on October 1, 2014, subject to paragraph (2). (2) Transition rule Notwithstanding any other provision of law, the total amount payable to a State under section 473A of the Social Security Act for fiscal year 2014 shall be an amount equal to 1/2 of the sum of— (A) the total amount that would be payable to the State under such section for fiscal year 2014 if the amendments made by section 102 of this Act had not taken effect; and (B) the total amount that would be payable to the State under such section for fiscal year 2014 in the absence of this paragraph. (c) Preservation of eligibility for kinship guardianship assistance payments with a successor guardian The amendment made by section 107 shall take effect on the date of the enactment of this Act. II Extension of family connection grant program 201. Extension of family connection grant program Section 427(h) of the Social Security Act ( 42 U.S.C. 627(h) ) is amended by striking 2013 and inserting 2016 . III Unemployment compensation 301. Improving the collection of unemployment insurance overpayments through tax refund offset (a) In general Section 303 of the Social Security Act ( 42 U.S.C. 503 ) is amended by adding at the end the following: (m) In the case of a covered unemployment compensation debt (as defined under section 6402(f)(4) of the Internal Revenue Code of 1986) that remains uncollected as of the date that is 2 years after the date when such debt was first incurred, the State to which such debt is owed shall take action to recover such debt under section 6402(f) of the Internal Revenue Code of 1986. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr3205ih/xml/BILLS-113hr3205ih.xml

113-hr-3206

I 113th CONGRESS 1st Session H. R. 3206 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Ms. Clarke (for herself, Ms. Bass , Ms. Brown of Florida , Mr. Clay , Mr. Conyers , Mrs. Davis of California , Mr. Ellison , Mr. Enyart , Mr. Grijalva , Ms. Norton , Mr. Honda , Mr. Huffman , Ms. Jackson Lee , Mr. Jeffries , Ms. Lee of California , Mrs. Carolyn B. Maloney of New York , Mr. McGovern , Ms. Moore , Mr. Moran , Mr. Quigley , Mr. Rangel , Mr. Rush , Ms. Schakowsky , Ms. Slaughter , Ms. Wasserman Schultz , Ms. Waters , and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To promote the sexual and reproductive health of individuals and couples in developing countries, and for other purposes. 1. Short title This Act may be cited as the Global Sexual and Reproductive Health Act of 2013 . 2. Findings and purposes (a) Findings Congress makes the following findings: (1) The advancement of sexual and reproductive health is central to the global development agenda and necessary to meeting most of the eight United Nations Millennium Development Goals (MDGs), the current international development framework developed by 189 countries, including the United States. Target 5B, which is found under MDG 5 on improving maternal health and which requires achieving universal access to reproductive health, is an essential element in attaining MDGs related to eradicating poverty (MDG 1), achieving universal education (MDG 2), promoting gender equality (MDG 3), reducing child mortality (MDG 4), improving maternal health (MDG 5), combating HIV/AIDS (MDG 6), and ensuring environmental sustainability (MDG 7). Furthermore, advancement of sexual and reproductive health and rights will be critical in building on the achievements of the MDGs when they expire in 2015 and realizing the core goals of poverty reduction and sustainable development in the post-2015 development agenda. (2) The resolution of the 2013 United Nations Commission on Population and Development recognize[es] that . . . sexual and reproductive health and reproductive rights … as well as … population and development, education and gender equality, are integrally linked to global efforts to eradicate poverty and achieve sustainable development … . . (3) Throughout much of the world, the lack of access of women, particularly poor women, to basic reproductive health services and information contributes to death and suffering among women and their families, undermines women’s struggle for self-determination, and vitiates the efforts of families to lift themselves out of the poverty in which over a billion of the world’s people live. By allowing individuals and couples to choose the number and timing of their children, reproductive health care gives families and individuals greater control over their economic resources. (4) Aspects of sexual and reproductive health, including maternal mortality and morbidity, reproductive cancers, and sexually transmitted infections (STIs), including HIV, account for nearly 20 percent of the global burden of ill-health for women and some 14 percent for men, according to the World Health Organization (WHO). (5) According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), HIV/AIDS is the leading cause of death among women of childbearing age. (6) School-based education and family planning play an interrelated role in lifting the status of women. Delaying sexual debut, along with contraceptive use among young women already sexually active, lowers the likelihood that young women will leave their schooling due to pregnancy, and education increases the chances that young women will delay the age at which they marry and give birth. (7) Sexual and reproductive health programs can empower women to make informed decisions and better control their lives, and by engaging men and boys in taking responsibility for the sexual and reproductive health of their partners, can contribute to greater gender equality. (8) Access to sexual and reproductive health services, including family planning, has a direct and important impact on infant and child mortality. By allowing women to choose the timing, number, and spacing of their pregnancies, high-risk births are averted, and the children that are born have a greater chance of surviving to adulthood. Over 3,000,000 newborns die in the first 4 weeks of life, which accounts for nearly 40 percent of all deaths of children under the age of 5. By providing women family planning services to space their births 3 years apart, rates for under-5 mortality would drop by 25 percent, averting 1,800,000 children’s deaths each year. (9) Increasing access to sexual and reproductive health could significantly decrease pregnancy-related mortality and morbidity by reducing the number of pregnancies that place women at increased risk of experiencing such complications. (10) An estimated 222,000,000 women in developing countries have an unmet need for effective, modern contraceptives and would like to postpone childbearing, space births, or want no more children but are not using a modern method of contraception. Providing modern contraceptives to fill this unmet need would avert an estimated additional 54,000,000 unintended pregnancies each year, including 21,000,000 unplanned births and 26,000,000 abortions, 16,000,000 of which would be unsafe. In turn, this would prevent 79,000 maternal deaths and 1,100,000 infant deaths. (11) Complications due to pregnancy and childbirth are a leading cause of death among adolescent females ages 15 to 19 in low- and middle-income countries. Each year, an estimated 287,000 women worldwide die from complications related to pregnancy, childbirth, or unsafe abortion. (12) Unsafe abortion accounts for 13 percent of maternal deaths worldwide. More than half of abortions (56 percent) in the developing world are unsafe. Of the 22,000,000 unsafe abortions that take place each year, nearly all occur in the developing world. Around 47,000 women die and millions more suffer serious injuries from the complications of unsafely performed abortions. Abortion rates are similar in countries whether abortion is illegal or legal, with evidence suggesting abortion rates may in fact be higher in countries where it is illegal. Regardless, death and injury from unsafe abortion is greatly reduced where abortion is legal for a broad range of indications and where safe abortion is accessible. (13) Meeting the need for family planning services and pregnancy-related care, by doubling the current global investment for both, would prevent millions of needless cases of maternal and newborn deaths and disabilities. (14) Worldwide, women of childbearing age account for more than half of people living with HIV/AIDS. Integrating reproductive health services, including family planning, with HIV prevention programs, such as those for voluntary counseling and testing and prevention of mother-to-child transmission, is essential to effectively combating HIV/AIDS and other STIs. (15) The world is witnessing the largest generation of young people in history—almost half of the world’s population, approximately 3,000,000,000 people, are under the age of 25. Unmet need for sexual and reproductive health services is highest among this age cohort. Fewer than 5 percent of the poorest sexually active youth use modern contraception. (16) The WHO has identified unsafe sex as the second most important risk factor for disability and death among young people in the world’s poorest communities. Forty percent of all new adult HIV infections occur among young people ages 15–24. (17) Sixty percent of unsafe abortions in Africa, 42 percent in Latin America and the Caribbean, and 30 percent in Asia are undergone by women under the age of 25. (18) The WHO has identified a 4-pronged approach to preventing HIV infection in infants, which includes prevention of unintended pregnancy among HIV-infected women as a key strategy to prevent mother-to-child transmission of HIV. (19) According to the World Health Organization, enabling HIV-positive women who want to avoid a pregnancy access to contraceptive services can prevent as many as 160,000 additional HIV-positive births each year in high HIV prevalence countries. (20) Demographic factors exacerbate problems related to environmental sustainability. The past century of population growth has put increasing pressure on natural resources as the scale of human needs and activities expands. At the same time, actual family size in most developing countries remains greater than the desired family size. Access to family planning services helps couples to determine their own family size, hence mitigating the depletion of natural resources like clean water, air, and land. (21) Practices like early and forced marriage, female genital mutilation/cutting, and early sexual debut adversely impact the sexual and reproductive health of young people in many developing countries, and strong barriers exist to providing the information, services, and other forms of support that young people need to lead healthy sexual and reproductive lives. (22) Comprehensive sexuality education seeks to help young people develop the interpersonal skills necessary for the formation of caring, supportive, and noncoercive relationships and the ability to exercise responsibility regarding sexual relationships by addressing such issues as abstinence and the use of condoms, contraceptives, and other protective sexual health measures. (23) The United Nations has estimated that the minimum financial requirements for sexual and reproductive health, including family planning and maternal health, are roughly $32,700,000,000 in 2013 and increase to approximately $33,000,000,000 in 2015. The minimum financial requirement for HIV/AIDS is estimated at $34,700,000,000 in 2013, and increases to $36,200,000,000 in 2015. As agreed in the International Conference on Population and Development’s Programme of Action, which the United States committed to, developed-country donors are responsible for one-third of the total cost needed per year. Developing countries are responsible for the remaining two-thirds, on average, with low income countries requiring a larger share of external funding. (24) The United States has had a history of supporting and recognizing the fundamental health and human rights of all people through the signing or ratifying of various international agreements. Those agreements include the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social, and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), the Convention on the Rights of the Child (1989), the International Conference on Population and Development Programme of Action (1994), the United Nations Millennium Development Goals (2000), and the Convention on the Rights of Persons with Disabilities (2009). (25) The United States has been the largest donor to international family planning and reproductive health efforts over the last 40 years and has been an unparalleled source of leadership and innovation in the field. Nonetheless, it has not met its fair share of financial assistance to global sexual and reproductive health programs. Now is the time to shore up the United States political and financial commitment in order to satisfy the large unmet need for these services, thereby helping to improve women’s and young people’s sexual and reproductive health worldwide. (b) Purposes The purposes of this Act are to— (1) authorize assistance to improve the sexual and reproductive health of individuals and couples in developing countries; and (2) implement comprehensive sexual and reproductive health programs offering a continuum of care that are responsive to the sexual and reproductive health needs of young people and adults. 3. Statement of policy The following shall be the policy of the United States Government: (1) All individuals and couples shall have the basic reproductive right to decide freely and responsibly the number, spacing, and timing of their children and shall have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. (2) All individuals and couples also shall have the right to make decisions concerning reproduction free of discrimination, coercion, and violence, as expressed in human rights documents. (3) The promotion of the responsible exercise of these reproductive rights for all people shall be the fundamental basis for sexual and reproductive health programs supported by United States Government assistance. (4) The principle of free and informed consent must underlie all sexual and reproductive health programs and services. This principle applies to individuals whether they choose to continue or terminate their pregnancies—thus, forced pregnancies as well as forced abortions or sterilizations are prohibited. Decisions relating to contraceptive use should be made on an informed and voluntary basis after adequate information, counseling, and services are provided on a range of methods. (5) Incentives and disincentives should not be used in family planning programs in order to meet numerical population targets or quotas for fertility goals. Instead, governments should use other indicators, such as unmet needs, to define family planning goals. (6) In sexual and reproductive health programs funded by the United States Government, special attention should be paid to serving the needs of young people. 4. Assistance to support the achievement of universal access to sexual and reproductive health (a) Assistance authorized The President is authorized to provide assistance in order to support the achievement of universal access to sexual and reproductive health in developing countries and to ensure individuals and couples in developing countries can freely and responsibly determine the number, timing, and spacing of their children and have the means to do so. (b) Activities supported Assistance provided under subsection (a) may be used to— (1) expand access to and use of voluntary family planning information and services, to enable individuals and couples to avoid unintended pregnancies and other risks to sexual and reproductive health, including those associated with pregnancy, reproductive tract infections, and sexually transmitted infections (STIs), including HIV; (2) improve public knowledge of contraceptives, including where methods may be obtained, and risk-reduction strategies, and to promote the benefits of family planning and other sexual and reproductive health care to individuals, families, and communities, including through the use of education and awareness programs, mass media, and community mobilization and outreach; (3) increase the responsiveness of sexual and reproductive health programs to the needs of the intended beneficiaries during the entirety of their sexual and reproductive lives, including young people and older adults; (4) reduce the incidence of unsafe abortion, including research on the health consequences of unsafe abortion, and provide for the equipment and training necessary for medical treatment of the consequences of unsafe abortions; (5) notwithstanding any other provision of law, provide safe abortion, to the extent permitted by the laws of the recipient country; (6) promote the integration of family planning services in HIV and other STI prevention, treatment, care, and support; (7) integrate family planning services with maternal and newborn health care, especially in antenatal, post-partum, and post-abortion care settings; (8) ensure the consistent availability and affordability of high-quality sexual and reproductive health supplies and services, including male and female condoms, for the prevention of HIV and other STIs; (9) encourage the abandonment of female genital mutilation, early marriage, early childbearing, and other harmful traditional practices that have negative reproductive health consequences; (10) prevent and repair obstetric fistula; (11) promote the constructive engagement of men and boys, the empowerment of women and girls, and more equitable gender norms in order to improve health outcomes and support the adoption of healthy reproductive behaviors; (12) prevent and mitigate gender-based violence; (13) provide comprehensive sexuality education for young people; (14) prevent, diagnose, and treat, where appropriate, infertility and cancers of the reproductive system and refer as appropriate; (15) develop improved methods of safe and effective contraception and related disease control through investments in biomedical research, with particular emphasis on methods which— (A) are likely to be safer, easier to use, more efficient to make available in developing country settings, and less expensive than current methods; (B) are controlled by women, including barrier methods and microbicides; (C) are likely to prevent the spread of STIs; and (D) encourage and enable men to take greater responsibility for their own fertility and the protection of their partner; (16) support an enabling environment for women to access sexual and reproductive health care services by working with communities to identify and lower or remove barriers to access, including financial, gender, sociocultural, and transportation barriers; (17) train health care professionals on educating individuals, including young people, about their sexual and reproductive health care options, including family planning options; and (18) foster conditions to create favorable policy environments, improve quality, strengthen systems, and contribute to the sustainability of family planning and other reproductive health programs. 5. Assistance to reduce the incidence of unsafe abortion and its consequences (a) Assistance authorized The President is authorized to provide assistance to reduce the incidence of unsafe abortion in developing countries and provide care for women experiencing injury or illness from complications of unsafe abortion in developing countries. (b) Activities supported Assistance provided under subsection (a) shall be used to— (1) ensure access to family planning services to prevent unintended pregnancies; (2) ensure that women who experience an unintended pregnancy have access to reliable information and compassionate counseling on all of their options, including access to antenatal care and safe abortion when permitted by the laws of the recipient country; (3) where local laws permit abortion, support safe abortion services, including referrals, and support the training of abortion providers and the necessary equipment and commodities for surgical and medical abortion; and (4) support emergency treatment for complications of induced or spontaneous abortion, including provision of services and training and equipping of providers. (c) Eligibility for assistance Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under this section, sections 104, 104A, 104B, and 104C of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b , 2151b–2, 2151b–3, and 2151b–4), foreign nongovernmental organizations— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non-United States Government funds if such services are permitted in the country in which they are being provided and would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under part I of the Foreign Assistance Act of 1961. 6. Assistance to provide sexual and reproductive health services during emergency situations (a) Assistance authorized The President is authorized to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to ensure that sexual and reproductive health services are provided in developing countries at every phase of a humanitarian emergency, including early recovery. (b) Priority In providing assistance authorized under subsection (a), the President shall give priority to— (1) those reproductive health services that are essential in emergencies, whether they are conflict or natural disaster settings, to save lives and help survivors fulfill their potential even under the most difficult circumstances; and (2) building local capacity and improving national systems whenever possible during displacement and early recovery. (c) Activities supported Assistance provided under subsection (a) shall be used to— (1) direct the Secretary of State and the Administrator of the United States Agency for International Development to implement the Minimum Initial Services Package (MISP), a set of life-saving priority activities that must be put in place in the earliest days of an emergency and that is set out in the Sphere Project’s Humanitarian Charter and Minimum Standards in Disaster Response; (2) among other activities, establish critical reproductive health coordination mechanisms, prevent sexual violence and assist survivors by providing essential medical care including psychosocial services, prevent transmission of HIV and other sexually transmitted infections (STIs), ensure access to emergency obstetric and newborn care, to contraceptive methods, and to treatment of STIs, continue antiretroviral treatment, and lay the groundwork for comprehensive reproductive health care; and (3) as soon as conditions permit, ensure that comprehensive reproductive health care programs, including comprehensive family planning, are put in place for the duration of displacement and are maintained as the relief phase ends and communities transition to early recovery. (d) Coordination Assistance authorized under subsection (a) shall be coordinated in terms of policy, practice, and funding across and within relevant United States Government departments and agencies involved in emergency situations. 7. Assistance to promote sexual and reproductive health care for young people (a) Assistance authorized The President is authorized to provide assistance to ensure access to sexual and reproductive health care for young people in developing countries. (b) Priority In providing assistance authorized under subsection (a), the President shall prioritize a plan to increase comprehensive knowledge about sexuality among young people and improve sexual and reproductive health outcomes among young people, while improving coordination and implementation of host country and United States Government activities focused on adolescent and youth sexual and reproductive health. (c) Activities supported Assistance provided under subsection (a) shall be used, among other things, to— (1) provide universal and affordable access to— (A) evidence-based comprehensive sexuality education and reproductive health education, in consultation with local communities, in and outside schools to ensure young people can delay sexual debut and make informed decisions about their sexual and reproductive health; and (B) youth-friendly comprehensive sexual and reproductive health care, including activities described in section 4(b), as appropriate; (2) coordinate the achievement of the goals of sexual and reproductive health programming for young people in United States Government-funded programs; (3) educate implementers on best practices in adolescent and youth programming and delivery and for effective dissemination of policy guidelines regarding adolescent and youth programming; and (4) incorporate the recommendations of young people in program design and service delivery oriented for young people. 8. Strategy to integrate and link sexual and reproductive health services (a) Strategy required (1) In general The President shall develop and implement a strategy to improve and create linkages among the various components of sexual and reproductive health with each other and with other global health care services, delivery, and policies in order to meet the goal described in paragraph (2). (2) Goal described The goal of better linkages and integration referred to in paragraph (1) is to ensure that individual men and women are provided with a continuum of sexual and reproductive health services that meet their needs. Integration does not require that all of these services should be provided by the same clinician or even in the same setting; rather, there should be a mechanism in place, so that every person has access to the sexual and reproductive health services he or she needs, either directly or by referral. (b) Elements The strategy required by subsection (a) shall include the following: (1) In general, at the program level, supporting health systems to link the various components of sexual and reproductive health services both in terms of health system management, such as integrating commodity and supply systems, training, supervision, data collection and analysis, and service provision, to ensure that people have access to a full range of services in their community. (2) In general, such services should include prevention of ill-health, provision of information and counseling, screening, diagnosis and curative care and referral for a full range of sexual and reproductive health and other health and social services. (3) With respect to linkages and program integration of sexual and reproductive health services, such services shall include activities described in section 4(b). (4) With respect to linkages of sexual and reproductive health services with other global health services, such services shall include— (A) counseling about and referrals to other related health services such as addressing newborn, infant, and child health (including educating families about proper antenatal and delivery care, breastfeeding, hygiene, and interventions for neonatal infections and life-threatening childhood illnesses), malaria, tuberculosis, neglected tropical diseases, and proper nutrition for all ages; and (B) referrals to nearby quality services that cannot be provided by the primary provider and other social services. 9. Coordination; research, monitoring, and evaluation (a) Coordination Assistance authorized under this Act shall promote coordination between and among donors, the private sector, nongovernmental and civil society organizations, and governments in order to support comprehensive and responsive sexual and reproductive health programs in developing countries. (b) Research, monitoring, and evaluation (1) In general Assistance authorized under this Act shall be used for the conduct of formative research and to monitor and evaluate the effectiveness and efficiency of programs. (2) Requirements In carrying out paragraph (1), the President shall ensure that there is— (A) support for formative research on the determinants of accessing sexual and reproductive health products and services, and adopting healthy behaviors related to sexuality and reproduction, to inform program design; (B) support for the ongoing, regular, and systematic collection of information to serve as the basis for monitoring change in population-based outcomes; (C) support for evaluations of programmatic effectiveness by measuring the extent to which change in population-based outcomes can be attributed to program interventions or environmental factors; (D) support for operations research that uses appropriate scientific methods to compare different interventions with the objective of increasing the efficiency, effectiveness, and quality of programs; (E) support for field research on the characteristics of programs most likely to result in sustained use of effective family planning in meeting each individual’s lifetime reproductive goals, with particular emphasis on the perspectives of family planning users, including support for relevant social and behavioral research focusing on such factors as the use, nonuse, and unsafe or ineffective use of various contraceptive and related-disease control methods; and (F) support for the development of new evaluation techniques and performance criteria for sexual and reproductive health programs, emphasizing the user’s perspective and reproductive goals. 10. Definitions In this Act: (1) Adolescent The term adolescent means an individual who has attained the age of 10 years but not 20 years. (2) Comprehensive sexuality education The term comprehensive sexuality education means helping young people develop the interpersonal skills necessary for the formation of caring, supportive, and non-coercive relationships and the ability to exercise responsibility regarding sexual relationships by addressing such issues as sexual diversity, abstinence, and the use of condoms, contraceptives, and other protective sexual health measures. (3) Integration The term integration means joining together different kinds of services or operational programs, either directly or by referral, to ensure more comprehensive services, promote a continuum of care, and to maximize health outcomes. (4) Linkages The term linkages means— (A) the bi-directional synergies in policy, programs, services, and advocacy related to sexual and reproductive health, including HIV/AIDS; and (B) refers to a broader human rights based approach, of which service integration is a subset. (5) Reproductive health The term reproductive health — (A) means a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes; and (B) implies that an individual is able to have a satisfying and safe sex life and that such individual has the capability to reproduce and the freedom to decide if, when, and how often to do so, including the right of men and women to be informed and to have access to safe, effective, affordable, and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility which are not against the law, and the right of access to appropriate health care services that will enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant. (6) Reproductive rights The term reproductive rights — (A) means those rights that embrace certain human rights that are already recognized in national laws, international human rights documents, and other consensus documents; (B) includes the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing, and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health; and (C) further includes the right of all couples and individuals to make decisions concerning reproduction free of discrimination, coercion, and violence, as expressed in human rights documents. (7) Sexual health The term sexual health — (A) means a state of physical, emotional, mental, and social well-being in relation to sexuality and not merely the absence of disease, dysfunction, or infirmity; (B) includes a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination, and violence; and (C) further includes the sexual rights of all persons to be respected, protected, and fulfilled. (8) Unmet need The term unmet need refers to nonuse of a modern contraceptive method by an individual who is married or unmarried and sexually active, is able to become pregnant, and wants to stop childbearing or to wait at least 2 years before having a child. (9) Young people The term young people means those individuals who have attained the age of 10 years but not 25 years. (10) Youth The term youth means an individual who has attained the age of 15 years but not 25 years.

https://www.govinfo.gov/content/pkg/BILLS-113hr3206ih/xml/BILLS-113hr3206ih.xml

113-hr-3207

I 113th CONGRESS 1st Session H. R. 3207 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. Gutiérrez (for himself, Ms. Bordallo , Mr. Cárdenas , Ms. Duckworth , Mr. Enyart , Ms. Hanabusa , Mr. Honda , Mr. Sablan , Mr. Vargas , Mr. Lowenthal , and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to modify the method of determining whether Filipino veterans are United States residents for purposes of eligibility for receipt of the full-dollar rate of compensation under the laws administered by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Benefits Fairness for Filipino Veterans Act of 2013 . 2. Determination of eligibility of certain Filipino veterans for full-dollar rate of benefits under the laws administered by the Secretary of Veterans Affairs Section 107(c) of title 38, United States Code, is amended by adding at the end the following new sentence: The Secretary may not determine that a person is not an individual residing in the United States for purposes of this subsection solely because the person is outside the United States for any period of time less than one year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3207ih/xml/BILLS-113hr3207ih.xml

113-hr-3208

I 113th CONGRESS 1st Session H. R. 3208 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. McKinley (for himself, Mr. Doyle , Mr. Johnson of Ohio , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To clarify that certain natural gas facilities are not subject to the Natural Gas Act. 1. Natural Gas Act jurisdiction Section 1 of the Natural Gas Act ( 15 U.S.C. 717 ) is amended by adding at the end the following new subsection: (e) A person not otherwise subject to this Act shall not become subject to this Act solely by reason of such person’s construction or operation of a facility not otherwise subject to this Act that liquefies, stores, processes, or delivers natural gas for vehicular natural gas or other end use purposes notwithstanding that natural gas may be reinjected from the facility into an interstate pipeline, provided that such reinjections are incidental to the facility’s provision of natural gas for vehicular or other end use purposes and are required by the operational, maintenance, or safety needs of the facility. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3208ih/xml/BILLS-113hr3208ih.xml

113-hr-3209

I 113th CONGRESS 1st Session H. R. 3209 IN THE HOUSE OF REPRESENTATIVES September 27, 2013 Mr. Smith of New Jersey (for himself and Mr. Meehan ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Foreign Affairs and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions against persons who knowingly provide material support or resources to Boko Haram or its affiliates, associated groups, or agents, and for other purposes. 1. Short title This Act may be cited as the Boko Haram Terrorist Designation Act of 2013 . 2. Sense of Congress on designation of Boko Haram as a Foreign Terrorist Organization (a) Findings Congress finds the following: (1) The Congregation and People of Tradition for Proselytism and Jihad, or more popularly known under its Hausa name Boko Haram ( Western education is sinful. ), is a Nigerian jihadist organization based in the northeastern part of that country. (2) Since its founding in 2001, Boko Haram reportedly has been responsible for the deaths of more than 10,000 persons, mostly Nigerians. This group has been officially designated by the Government of the Federal Republic of Nigeria as a terrorist organization, along with another group—Jama’atu Ansarul Muslimina Fi Biladis Sudan—under section 2 of Nigeria’s Terrorism Prevention Act of 2011 (as amended). (3) Boko Haram claimed responsibility for the August 26, 2011, bombing of the United Nations Building in Abuja in which 21 persons were killed and another 60 were injured. (4) In testimony before the Senate Select Committee on Intelligence on January 31, 2012, Director of National Intelligence James Clapper said Boko Haram is interested in hitting targets, such as the U.S. Embassy and hotels frequented by Westerners. (5) On February 23, 2012, United States Ambassador to Nigeria Terrance P. McCulley said that Boko Haram’s danger was expanding and that at least part of the group has decided it’s in their interest to attack the international community. . (b) Criteria Section 219(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(1) ) provides the 3 criteria for the designation of an organization as a Foreign Terrorist Organization: (1) The organization must be a foreign organization. (2) The organization must engage in terrorist activity, as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ), or terrorism, as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f(d)(2) ), or retain the capability and intent to engage in terrorist activity or terrorism. (3) The organization’s terrorist activity or terrorism must threaten the security of United States nationals or the national security (national defense, foreign relations, or the economic interests) of the United States. (c) Sense of Congress It is the sense of Congress that— (1) Boko Haram has met the criteria for designation as a Foreign Terrorist Organization under section 219 of the Immigration and Nationality Act (as described in subsection (b)); and (2) the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should exercise the Secretary of State’s statutory authority and designate Boko Haram as a Foreign Terrorist Organization. (d) Report If the Secretary of State does not designate Boko Haram as a Foreign Terrorist Organization within 60 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that contains the reasons therefor. 3. Sanctions against persons who knowingly provide material support or resources to Boko Haram or its affiliates, associated groups, or agents (a) Sanctions (1) In general In concert with applicable Nigerian law regarding Boko Haram or its affiliates, associated groups, or agents, the President shall subject to all available sanctions any person in the United States or subject to the jurisdiction of the United States who knowingly provides material support or resources to Boko Haram or its affiliates, associated groups, or agents. (2) Definition In this paragraph, the term material support or resources has the meaning given such term in section 2339A(b)(1) of title 18, United States Code. (b) Inadmissability and removal (1) Inadmissability Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any member or representative of Boko Haram or its affiliates, associated groups, or agents. (2) Removal In certain circumstances, any alien who is a member or representative of Boko Haram or its affiliates, associated groups, or agents shall be removable from the United States as provided for in sections 212(a)(3)(B)(i)(IV) or (V) and 237(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i)(IV) or (V) and 1227(a)(1)(A)). (c) Funds Any United States financial institution that knowingly has possession of or control over funds in which Boko Haram or its affiliates, associated groups, or agents have an interest shall retain possession of or control over the funds and report the funds to the Office of Foreign Assets Control of the Department of the Treasury.

https://www.govinfo.gov/content/pkg/BILLS-113hr3209ih/xml/BILLS-113hr3209ih.xml

113-hr-3210

I 113th CONGRESS 1st Session H. R. 3210 IN THE HOUSE OF REPRESENTATIVES AN ACT Making continuing appropriations for military pay in the event of a Government shutdown. 1. Short title This Act may be cited as the Pay Our Military Act . 2. Continuing appropriations for members of the Armed Forces (a) In general There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect— (1) such sums as are necessary to provide pay and allowances to members of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code), including reserve components thereof, who perform active service during such period; (2) such sums as are necessary to provide pay and allowances to the civilian personnel of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1); and (3) such sums as are necessary to provide pay and allowances to contractors of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1). (b) Secretary concerned defined In this section, the term Secretary concerned means— (1) the Secretary of Defense with respect to matters concerning the Department of Defense; and (2) the Secretary of Homeland Security with respect to matters concerning the Coast Guard. 3. Termination Appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation (including a continuing appropriation) for any purpose for which amounts are made available in section 2; (2) the enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose; or (3) January 1, 2015. Passed the House of Representatives September 29 (legislative day September 28), 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr3210eh/xml/BILLS-113hr3210eh.xml

113-hr-3211

I 113th CONGRESS 1st Session H. R. 3211 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Huizenga of Michigan (for himself, Mr. Meeks , Mr. Royce , Mr. David Scott of Georgia , Mr. Stivers , Mr. Peters of Michigan , Mr. Bachus , Ms. McCollum , Mr. Murphy of Florida , and Mr. Doyle ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to improve upon the definitions provided for points and fees in connection with a mortgage transaction. 1. Short title This Act may be cited as the Mortgage Choice Act of 2013 . 2. Definition of points and fees (a) Amendment to section 103 of TILA Section 103(bb)(4) of the Truth in Lending Act ( 15 U.S.C. 1602(bb)(4) ) is amended— (1) by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C ; (2) in subparagraph (C)— (A) by inserting and insurance after taxes ; (B) in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2602(7) ) after compensation ; and (C) by striking clause (iii) and inserting the following: (iii) the charge is— (I) a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or (II) a charge set forth in section 106(e)(1); ; and (3) in subparagraph (D)— (A) by striking accident, ; and (B) by striking or any payments and inserting and any payments . (b) Amendment to section 129 C of TILA Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ) is amended— (1) in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator and inserting 103(bb)(4) ; and (2) in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4) . 3. Rulemaking Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final regulations to carry out the amendments made by this Act, and such regulations shall be effective upon issuance.

https://www.govinfo.gov/content/pkg/BILLS-113hr3211ih/xml/BILLS-113hr3211ih.xml

113-hr-3212

I 113th CONGRESS 1st Session H. R. 3212 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Smith of New Jersey (for himself, Mr. Moran , Mr. Wolf , Mr. Meadows , Mr. Kennedy , Mr. Sherman , Mr. Lipinski , Mr. Holding , and Mr. Burgess ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To ensure compliance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction by countries with which the United States enjoys reciprocal obligations, to establish procedures for the prompt return of children abducted to other countries, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings; sense of Congress; purposes. Sec. 3. Definitions. Sec. 4. Funding. Title I—Department of State Actions Sec. 101. Annual report. Sec. 102. Standards and assistance. Sec. 103. Memorandum of understanding. Sec. 104. Notification of congressional representatives. Title II—Presidential Actions Sec. 201. Presidential actions in response to unresolved cases. Sec. 202. Presidential actions in response to patterns of noncooperation in cases of international child abductions. Sec. 203. Consultations with foreign governments. Sec. 204. Report to Congress. Sec. 205. Presidential actions. Sec. 206. Presidential waiver. Sec. 207. Publication in Federal Register. Sec. 208. Termination of Presidential actions. 2. Findings; sense of Congress; purposes (a) Findings Congress finds the following: (1) Sean Goldman, a United States citizen and resident of New Jersey, was abducted from the United States in 2004 and separated from his father, David Goldman, who spent nearly six years battling for the return of his son from Brazil before Sean was finally returned to Mr. Goldman’s custody on December 24, 2009. (2) The Department of State’s Office of Children’s Issues, which serves as the Central Authority of the United States for the purposes of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, has received thousands of requests since 2007 for assistance in the return to the United States of children who have been abducted by a parent or other legal guardian to another country. For a variety of reasons reflecting the significant obstacles to the recovery of abducted children, as well as the legal and factual complexity involving such cases, not all cases are reported to the Central Authority of the United States. (3) More than one thousand outgoing international child abductions are reported to the Central Authority of the United States every year. (4) Only about half of the children abducted from the United States to countries with which the United States enjoys reciprocal obligations under the Hague Abduction Convention are returned to the United States. (5) The United States and Convention countries have expressed their desire, through the Hague Abduction Convention, to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. . (6) Compliance by the United States and Convention countries depends on the actions of their designated central authorities, the performance of their judiciaries as reflected in the legal process and decisions rendered to enforce or effectuate the Hague Abduction Convention, and the ability and willingness of their law enforcement to insure the swift enforcement of orders rendered pursuant to the Hague Abduction Convention. (7) According to data compiled by the Central Authority of the United States, approximately 40 percent of abduction cases and access cases involve children taken from the United States to countries with which the United States does not have Hague Abduction Convention obligations or other agreements relating to the resolution of abduction cases and access cases. (8) According to the Department of State’s April 2010 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, parental child abduction jeopardizes the child and has substantial long-term consequences for both the child and the left-behind parent. . (9) Abducted children are at risk of serious emotional and psychological problems and have been found to experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness, and as adults may struggle with identity issues, personal relationships, and parenting. (10) Left-behind parents may encounter substantial psychological and emotional problems, and few have the extraordinary financial resources necessary to pursue individual civil or criminal remedies in both the United States and a foreign country, even where available, or to engage in repeated foreign travel to attempt to procure the return of their children by evoking diplomatic and humanitarian remedies. (11) Left-behind parents who are military parents may be unable to leave their military duties to pursue multinational litigation or take leave to attend multiple court proceedings, and foreign authorities may not schedule proceedings to accommodate such duties. (b) Sense of Congress It is the sense of Congress that the United States should set a strong example for Convention countries in the timely location and return of abducted children in the United States whose habitual residence is not the United States. (c) Purposes The purposes of this Act are to— (1) protect children whose habitual residence is the United States from the harmful effects of abduction and to assist left-behind parents to have access to their abducted child in a safe and predictable manner, wherever the child is located, while an abduction case is pending; (2) provide left-behind parents, including military parents, their advocates, and judges the information they need to enhance the resolution of abduction cases and access cases through established legal procedures, risk assessment tools, and the practical means for overcoming obstacles to recovering an abducted child; (3) establish measured, effective, and predictable actions to be undertaken by the President on behalf of abducted children whose habitual residence is the United States at the time of the abduction; (4) promote an international consensus that it is in the interest of children to have any issues related to their care and custody determined in the country of their habitual residence; (5) provide the necessary training for officials of the United States Armed Forces and the Department of Defense to establish policies and provide services to military parents that address the unique circumstances of abductions and violations of rights of access that may occur with regard to military dependent children; and (6) encourage the effective implementation of international mechanisms, particularly those established pursuant to the Hague Abduction Convention, to achieve reciprocity in the resolution of abductions and to protect children from the harmful effects of an abduction. 3. Definitions In this Act: (1) Abducted child The term abducted child means a child who is the victim of an abduction. (2) Abduction The term abduction means— (A) the alleged wrongful removal of a child from the child’s country of habitual residence; (B) the alleged wrongful retention of a child outside the child’s country of habitual residence; or (C) the alleged wrongful removal or retention of a military dependent child from the exercise of rights of custody of a military parent. (3) Abduction case The term abduction case means a case involving an application filed with the Central Authority of the United States by a left-behind parent for the resolution of an abduction. (4) Access case The term access case means a case involving an application filed with the Central Authority of the United States by a left-behind parent for the establishment of rights of access. (5) Annual report The term Annual Report means the Annual Report on International Child Abduction required under section 101. (6) Application The term application means— (A) in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention; (B) in the case of an MOU country, the formal document required pursuant to the provisions of the applicable MOU to request the return of an abducted child or to request rights of access, as applicable; and (C) in the case of a nonparty country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of access to an abducted child. (7) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (8) Central authority The term Central Authority means— (A) in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention; (B) in the case of an MOU country, the official entity designated by the government of the MOU country within the applicable MOU pursuant to section 103(b)(1) to discharge the duties imposed on the entity in such MOU; and (C) in the case of a nonparty country, the foreign ministry of such country. (9) Child The term child means an individual who has not attained the age of 16. (10) Convention country The term Convention country means a country other than the United States that has ratified, acceded, or succeeded to the Hague Abduction Convention and with respect to which the United States has entered into a reciprocal agreement pursuant to the Hague Abduction Convention. (11) Hague abduction convention The term Hague Abduction Convention means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980. (12) Left-behind parent The term left-behind parent means an individual or entity, either individually or jointly, who alleges that an abduction has occurred that is in breach of rights of custody— (A) attributed to such individual or entity, as applicable; and (B) exercised at the time of the abduction or that would have been exercised but for the abduction. (13) Legal residence The term legal residence means the congressional district and State in which an individual either is residing, or if an individual is residing temporarily outside the United States, the congressional district and State to which the individual intends to return. (14) Military dependent child The term military dependent child means a child whose habitual residence is the United States according to United States law even though the child is residing outside the United States with a military parent. (15) Military parent The term military parent means an individual who has rights of custody over a child and who is serving outside the United States as a member of the United States Armed Forces. (16) MOU The term MOU means a memorandum of understanding between the United States and a country that is not a Convention country to resolve abduction cases and access cases. (17) MOU country The term MOU country means a country with respect to which the United States has entered into an MOU. (18) Nonparty country The term nonparty country means a country that is neither a Convention country nor an MOU country. (19) Pattern of noncooperation (A) In general The term pattern of noncooperation means the persistent failure— (i) of a Convention country to implement and abide by the provisions of the Hague Abduction Convention; and (ii) of an MOU country to implement and abide by the provisions of the applicable MOU. (B) Criteria Such persistent failure may be evidenced by one or more of the following criteria: (i) The existence of 10 or more unresolved abduction cases. (ii) The failure of the Central Authority of the country to fulfill its responsibilities pursuant to the Hague Abduction Convention or the MOU, as applicable. (iii) The failure of the judicial or administrative branch, as applicable, of the national government of the country to implement and comply with the provisions of the Hague Abduction Convention or the MOU, as applicable. (iv) The failure of law enforcement to locate abducted children or to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the national government of the country in abduction cases or access cases. (20) Rights of access The term rights of access means the rights of contact between a child and a left-behind parent provided as a provisional measure while an abduction case is pending, by operation of law or by reason of judicial or administrative determination or by agreement having legal effect, under the law of the country in which the child is located. (21) Rights of custody The term rights of custody means rights of care and custody of an abducted child, including the right to determine the place of residence of an abducted child— (A) attributed to an individual or entity, either individually or jointly, and (B) arising by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect, under the law of the country in which the child was an habitual resident immediately before the abduction. (22) Unresolved abduction case (A) In general Subject to subparagraph (B), the term unresolved abduction case means an abduction case that remains unresolved for a period that exceeds 180 days after the date on which the completed application for return of the child is submitted for determination to the judicial or administrative authority, as applicable, in the country in which the child is located. (B) Resolution of case An abduction case shall be considered to be resolved if— (i) the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or MOU, if applicable; (ii) the judicial or administrative branch, as applicable, of the national government of the country in which the child is located has implemented and is complying with the provisions of the Hague Abduction Convention or the MOU, as applicable, and a final determination is made by such judicial or administrative branch that the child will not be returned to the country of habitual residence; or (iii) the child attains the age of 16. 4. Funding Amounts necessary to carry out this Act shall be taken out of the discretionary funds available to the Secretary of State for each of the fiscal years 2014 through 2018. I Department of State Actions 101. Annual report (a) In general Not later than March 31 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. (b) Contents Each Annual Report shall include the following: (1) A list of all countries with respect to which there were one or more abduction cases during the preceding year that identifies whether each such country is a Convention country, an MOU country, or a nonparty country. (2) For each country with respect to which there were 5 or more abduction cases during the preceding year: (A) The number of abduction cases and the number of access cases, respectively, reported during the preceding year. (B) The number of abduction cases and the number of access cases, respectively, that are pending as of March 1 of the year in which such Annual Report is submitted. (C) (i) For Convention and MOU countries, the number of abduction cases and the number of access cases, respectively, that were pending at any point for more than 180 days after the date on which the Central Authority of the United States transmitted the complete application for each such case to the Central Authority of such country, and were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country within the 180-day period. (ii) The reason for the delay in submission of each case identified in clause (i) by the Central Authority of such country to the judicial or administrative authority. (D) The number of unresolved abduction cases, and the length of time each case has been pending. (E) The number of unresolved abduction cases in which a completed application has been filed and law enforcement has failed to locate the abducted child or to enforce a return order rendered by the judicial or administrative authorities of such country. (F) The median time required for resolution of abduction cases during the preceding year, to be measured from the date on which the application with respect to the abduction case is transmitted by the Central Authority of the United States to the Central Authority of such country to the date on which the abduction case is resolved. (G) The percentage of the total number of abduction cases and access cases, respectively, resolved during the preceding year. (H) Detailed information about each unresolved abduction case described in subparagraph (E) and on actions taken by the Department of State to resolve such case, including the specific actions taken by the United States chief of mission in such country. (I) Recommendations to improve resolution of abduction cases and access cases. (3) The number of abducted children from the United States who were returned to the United States from Convention countries, MOU countries, and nonparty countries, respectively. (4) A list of Convention countries and MOU countries that have failed to comply with any of their obligations under the Hague Abduction Convention or the MOU, as applicable, with respect to the resolution of abduction cases and access cases. (5) A list of countries demonstrating a pattern of noncooperation, and a summary of the criteria on which the determination of a pattern of noncooperation for each country is based. (6) (A) Information on efforts by the Secretary of State to encourage other countries to become signatories to the Hague Abduction Convention or to enter into an MOU. (B) The efforts referred to in subparagraph (A) shall include efforts to address pending abduction cases and access cases in such countries. (7) A description of the efforts of the Secretary of State to encourage Convention countries and MOU countries to facilitate the work of nongovernmental organizations within their respective countries that assist left-behind parents. (c) Exception The Annual Report shall not include— (1) the names of left-behind parents or children involved in abduction cases or access cases; or (2) information that may identify a party involved in an abduction case or access case unless the party stipulates in writing to the Central Authority of the United States that such information may be included in the Annual Report. (d) Additional thematic sections Each Annual Report shall also include— (1) information on the number of unresolved abduction cases affecting left-behind parents who are military parents and a summary of assistance offered to such left-behind parents; (2) information on the use of airlines in abductions, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions; (3) information on actions taken by the Central Authority of the United States to train domestic judges in application of the Hague Abduction Convention; and (4) information on actions taken by the Central Authority of the United States to train United States Armed Forces legal assistance personnel, military chaplains, and military family support center personnel about abductions, the risk of loss of access to children, and the legal frameworks available to resolve such cases. (e) Repeal of the Hague Convention Compliance Report Section 2803 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 42 U.S.C. 11611 ) is repealed. 102. Standards and assistance The Secretary of State shall ensure that United States diplomatic and consular missions abroad— (1) maintain a consistent reporting standard with respect to abduction cases and access cases involving abducted children in the country in which such mission is located for purposes of the Annual Report; (2) designate at least one official in each such mission to assist left-behind parents from the United States who are visiting such country to resolve cases involving an abduction or rights of access; and (3) monitor developments in cases involving abducted children in the country in which such mission is located. 103. Memorandum of understanding (a) In general The Secretary of State should seek to enter into an MOU with every country that is not a Convention country and is unlikely to become a Convention country in the forseeable future, that includes— (1) identification of the Central Authority; (2) a protocol to identify, locate, and effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located; (3) a protocol for the establishment and protection of the rights of access; (4) identification of the judicial or administrative authority that will promptly adjudicate abduction cases and access cases; (5) identification of a law enforcement agency and available law enforcement mechanisms and procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to paragraph (4) to return an abducted child to a left-behind parent, including by— (A) conducting an investigation to ascertain the location of the abducted child; (B) providing protection to the abducted child after such child is located; and (C) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the country of habitual residence; (6) a protocol to establish periodic visits between a United States embassy or consular official and an abducted child to allow the official to ascertain the child’s location and welfare; and (7) such other provisions as determined to be appropriate by the Secretary of State. (b) Rule of construction (1) In general Nothing in this Act shall be construed to prohibit the United States from proposing and entering into a memorandum of understanding with a Convention country to further clarify the reciprocal obligations of the United States and the Convention country under the Hague Abduction Convention. (2) Treatment of obligations of convention country In those instances in which there is a memorandum of understanding as described in paragraph (1), the obligations of the Convention country under such memorandum shall be considered to be obligations of such country under the Hague Abduction Convention for purposes of this Act. 104. Notification of congressional representatives (a) Notification Except as provided in subsection (b), the Secretary of State shall notify in writing the Member of Congress and Senators representing the legal residence of a left-behind parent when such parent reports an abduction to the Central Authority of the United States. (b) Exception The notification requirement under subsection (a) shall not apply if the left-behind parent does not consent to the notification described in such subsection. (c) Member of congress defined In this section, the term Member of Congress means a Representative in, or Delegate or Resident Commissioner to, the Congress. II Presidential Actions 201. Presidential actions in response to unresolved cases (a) Response to international child abductions (1) United states policy It shall be the policy of the United States to— (A) promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return and by promoting such rights and procedures through actions that ensure the enforcement of reciprocal international obligations; and (B) recognize the international character of the Hague Abduction Convention, and the need for reciprocity pursuant to and the uniform international interpretation of the Hague Abduction Convention, by promoting the timely resolution of abduction cases through one or more of the actions described in section 205. (2) Requirement of presidential action Whenever the President determines that the government of a foreign country has failed to resolve an unresolved abduction case, the President shall oppose such failure through one or more of the actions described in subsection (b). (b) Presidential actions (1) In general Subject to paragraphs (2) and (3), the President, in consultation with the Secretary of State, shall, as expeditiously as practicable in response to the failure described in subsection (a) by the government of a foreign country, take one or more of the actions described in paragraphs (1) through (12) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to such country. (2) Deadline for actions (A) In general Except as provided in subparagraph (B), not later than March 31 of each year, the President shall take one or more of the actions described in paragraphs (1) through (12) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to each foreign country the government of which has failed to resolve an unresolved abduction case that is pending as of such date. (B) Exception In the case of an action under any of paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b))— (i) the action may only be taken after the requirements of sections 203 and 204 have been satisfied; and (ii) the March 31 deadline to take the action shall not apply. (3) Authority for delay of presidential actions The President may delay action described in any of the paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)), as required under paragraph (2), if the President determines and certifies to the appropriate congressional committees that an additional, specified period of time is necessary for a continuation of negotiations that have been commenced with the country to resolve the unresolved case. (c) Implementation (1) In general In carrying out subsection (b), the President shall— (A) take one or more actions that most appropriately respond to the nature and severity of the failure to resolve the unresolved abduction cases; and (B) seek to the fullest extent possible to target action as narrowly as practicable with respect to the agencies or instrumentalities of the foreign government that are responsible for such failures, in ways that respect the separation of powers and independence of the judiciary in foreign countries. (2) Guidelines for presidential actions In addition to the guidelines under paragraph (1), the President, in determining whether to take one or more actions under paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)), shall seek to minimize any adverse impact on— (A) the population of the country whose government is targeted by the action or actions; and (B) the humanitarian activities of United States and foreign nongovernmental organizations in the country. 202. Presidential actions in response to patterns of noncooperation in cases of international child abductions (a) Response to a pattern of noncooperation (1) United states policy It shall be the policy of the United States to— (A) oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or MOU, as applicable, to resolve abduction cases and access cases; and (B) promote reciprocity pursuant to and compliance with the Hague Abduction Convention by Convention countries and compliance with the applicable MOU by MOU countries. (2) Requirement of presidential action Whenever the President determines that the government of a foreign country has engaged in a pattern of noncooperation, the President shall promote the resolution of the unresolved abduction cases through one or more of the actions described in subsection (c). (b) Designations of countries with patterns of noncooperation in cases of international child abduction (1) Annual review (A) In general Not later than March 31 of each year, the President shall review the status of abduction cases and access cases in each foreign country to determine whether the government of such country has engaged in a pattern of noncooperation during the preceding 12 months or since the date of the last review of such country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in a pattern of noncooperation as a Country With a Pattern of Noncooperation. (B) Basis of review Each review conducted under subparagraph (A) shall be based upon information contained in the latest Annual Report and on any other evidence available. (2) Determinations of responsible parties For the government of each country designated as a Country With a Pattern of Noncooperation under paragraph (1)(A), the President shall seek to determine the agencies or instrumentalities of such government that are responsible for the pattern of noncooperation by such government in order to appropriately target actions under this section in response. (3) Congressional notification Whenever the President designates a country as a Country With a Pattern of Noncooperation under paragraph (1)(A), the President shall, as soon as practicable after such designation is made, transmit to the appropriate congressional committees— (A) the designation of the country, signed by the President; and (B) the identification, if any, of responsible agencies or instrumentalities determined under paragraph (2). (c) Presidential actions with respect to a country with a pattern of noncooperation (1) In general Subject to paragraphs (2) and (3) with respect to each Country With a Pattern of Noncooperation designated under subsection (b)(1)(A), the President shall, after the requirements of sections 203 and 204 have been satisfied, but not later than 90 days (or 180 days in case of a delay under paragraph (2)) after the date of such designation of the country under such subsection, take one or more of the actions under paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)). (2) Authority for delay of presidential actions If, on or before the date that the President is required to take action under paragraph (1), the President determines and certifies to the appropriate congressional committees that a single, additional period of time not to exceed 90 days is necessary— (A) for a continuation of negotiations that have been commenced with the government of a country described in such paragraph to bring about a cessation of the pattern of noncooperation by such country, or (B) for a review of corrective action taken by such country after designation of such country as a Country With a Pattern of Noncooperation under subsection (b)(1)(A) or in anticipation that corrective action will be taken by such country during such 90-day period, the President shall not be required to take such action until the expiration of such period of time. (3) Exception for ongoing presidential action (A) In general The President shall not be required to take action under paragraph (1) with respect to a Country With a Pattern of Noncooperation if— (i) the President has taken action pursuant to paragraph (1) with respect to such country in a preceding year, such action is in effect at the time such country is designated as a Country with a Pattern of Noncooperation under subsection (b)(1)(A), and the President submits to the appropriate congressional committees the information described in section 204 regarding the actions in effect with respect to such country; or (ii) subject to subparagraph (B), the President determines that such country is subject to multiple, broad-based sanctions imposed in significant part in response to human rights abuses and that such sanctions also satisfy the requirements of this subsection. (B) Additional requirements If the President makes a determination under subparagraph (A)(ii)— (i) the report under section 204 and, as applicable, the publication in the Federal Register under section 208, shall specify the specific sanction or sanctions that the President has determined satisfy the requirements of this subsection; and (ii) such sanctions shall remain in effect subject to section 209. (d) Rule of construction A determination under this section that a foreign country has engaged in a pattern of noncooperation shall not be construed to require the termination of assistance or other activities with respect to such country under any other provision of law, including section 116 or 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151(n) or 2304). 203. Consultations with foreign governments As soon as practicable after the President makes a determination under section 201 in response to failures to resolve unresolved abduction cases and the President decides to take action under paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to that country, or not later than 90 days after the President designates a country as a country with a pattern of noncooperation pursuant to section 202(b)(1)(a), the President shall— (1) request consultation with the government of such country regarding the failures giving rise to designation of that country as a Country With a Pattern of Noncooperation regarding the pattern of noncooperation or to action under section 201; and (2) if agreed to, enter into such consultations with such country, privately or publicly. 204. Report to Congress (a) In general Subject to subsection (b), not later than 90 days after the President makes a determination under section 201 in response to failures to resolve unresolved abduction cases and the President decides to take action under paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to that country, or not later than 90 days after the President designates a country as a Country With a Pattern of Noncooperation pursuant to section 202(b)(1)(A), the President shall transmit to the appropriate congressional committees a report on the following: (1) Identification of presidential actions An identification of the action or actions described in section 205(a) (or commensurate action as provided in section 205(b)) to be taken with respect to such country. (2) Description of violations A description of the failure to resolve an unresolved case or the pattern of noncooperation, as applicable, giving rise to the action or actions to be taken by the President. (3) Purpose of presidential actions A description of the purpose of the action or actions. (4) Evaluation (A) Description An evaluation, in consultation with the Secretary of State, the parties described in section 203(b), and other parties the President determines appropriate, of the anticipated impact of the Presidential action upon— (i) pending abduction cases in such country; (ii) the government of such country; (iii) the population of such country; (iv) the United States economy; (v) other interested parties; and (vi) if such country is a Convention country or an MOU country, the reciprocal fulfillment of obligations pursuant to such Convention or applicable MOU, as applicable. (B) Form The evaluation under subparagraph (A) shall be transmitted in unclassified form, but may contain a classified annex if necessary. (5) Statement of policy options A statement that noneconomic policy options designed to resolve the unresolved case or bring about the cessation of the pattern of noncooperation have reasonably been exhausted, including the consultations required in section 203. (b) Delay in transmittal of report If, on or before the date that the President is required to submit a report under subsection (a) to the appropriate congressional committees, the President determines and certifies to such committees that a single, additional period of time not to exceed 90 days is necessary pursuant to section 202(c)(2), the President shall not be required to submit the report to such committees until the expiration of such period of time. 205. Presidential actions (a) Description of presidential actions Except as provided in subsection (c), the Presidential actions referred to in this subsection are the following: (1) A private demarche. (2) An official public demarche. (3) A public condemnation. (4) A public condemnation within one or more multilateral fora. (5) The delay or cancellation of one or more scientific exchanges. (6) The delay or cancellation of one or more cultural exchanges. (7) The denial of one or more working, official, or state visits. (8) The delay or cancellation of one or more working, official, or state visits. (9) A formal request to the foreign country concerned to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense. (10) The withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n ). (11) The withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ). (12) Ordering the heads of the appropriate United States agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to such government or to the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable, under— (A) the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services. (b) Commensurate action Except as provided in subsection (c), the President may substitute any other action authorized by law for any action described in subsection (a) if such action is commensurate in effect to the action substituted and if such action would further the purposes of this Act as specified in section 2(c). The President shall seek to take all appropriate and feasible actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncooperation, as applicable. If commensurate action is taken under this subsection, the President shall transmit to the appropriate congressional committees a report on such action, together with an explanation for taking such action. (c) Exceptions (1) Humanitarian exception Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other life-saving humanitarian assistance. (2) Defense and national security exception The President shall not be required to apply or maintain any action under section 205— (A) in the case of procurement of defense articles or defense services— (i) under existing contracts or subcontracts, including the exercise of options for production quantities, to satisfy requirements essential to the national security of the United States; (ii) if the President determines in writing and transmits to the appropriate congressional committees a report that the government or the agency or instrumentality of such government to which such action would otherwise be applied is a sole source supplier of such defense articles or services, that such defense articles or services are essential, and that alternative sources are not readily or reasonably available; or (iii) if the President determines in writing and transmits to the appropriate congressional committees a report that such defense articles or services are essential to the national security of the United States under defense co-production agreements; or (B) to products or services provided under contracts entered into before the date on which the President publishes in the Federal Register notice of such action in accordance with section 208. 206. Presidential waiver (a) In general Subject to subsection (b), the President may waive the application of any of the actions described in paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to a country, if the President determines and so reports to the appropriate congressional committees that— (1) the government of such country has satisfactorily resolved any abduction case giving rise to the application of any of such actions and— (A) if such country is a Convention country, such country has taken measures to ensure future compliance with the provisions of the Hague Abduction Convention; (B) if such country is an MOU country, such country has taken measures to ensure future compliance with the provisions of the MOU at issue; or (C) if such country was a nonparty country at the time the abductions or denials of rights of access resulting in the abduction cases or access cases occurred, such country has become a Convention country or an MOU country; (2) the exercise of such waiver authority would further the purposes of this Act; or (3) the important national interest of the United States requires the exercise of such waiver authority. (b) Congressional notification Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of such waiver or the intention to exercise such waiver, together with a detailed justification thereof. 207. Publication in Federal Register (a) In general Subject to subsection (b), the President shall ensure publication in the Federal Register of the following: (1) Determinations of governments, agencies, instrumentalities of countries with patterns of noncooperation Any designation of a country that the President has designated as a Country With a Pattern of Noncooperation under section 202(b)(1)(A), together with, when applicable and to the extent practicable, the identities of agencies or instrumentalities determined to be responsible for such pattern of noncooperation. (2) Presidential actions A description of any action under paragraphs (10) through (12) of section 205(a) (or commensurate action as provided in section 205(b)) and the effective date of such action. (3) Delays in transmittal of presidential action reports Any delay in transmittal of a report required under section 204. (4) Waivers Any waiver issued under section 206. (b) Limited disclosure of information The President may limit publication of information under this section in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 654(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2414(c) ), if the President determines that the publication of such information— (1) would be harmful to the national security of the United States; or (2) would not further the purposes of this Act. 208. Termination of Presidential actions Any action taken under this Act or any amendment made by this Act with respect to a foreign country shall terminate on the earlier of the following two dates: (1) Not later than two years after the effective date of such action unless expressly reauthorized by law. (2) The date on which the President transmits to Congress a certification containing a determination of the President that the government of such country has resolved any unresolved abduction case or has taken substantial and verifiable steps to correct the pattern of noncooperation at issue, as applicable, that gave rise to such action.

https://www.govinfo.gov/content/pkg/BILLS-113hr3212ih/xml/BILLS-113hr3212ih.xml

113-hr-3213

I 113th CONGRESS 1st Session H. R. 3213 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations , 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 Making appropriations for all departments and agencies of the Federal Government for fiscal year 2014, and for other purposes. 1. Short title This Act may be cited as the Anti-Self-Destruction Act or the Fiscal Sanity Act of 2013 . 2. Continuing appropriations for fiscal year 2014 There is hereby appropriated for fiscal year 2014— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels under current law. 3. Nonapplicability of debt ceiling through calendar year 2014 Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act and ending on December 31, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3213ih/xml/BILLS-113hr3213ih.xml

113-hr-3214

I 113th CONGRESS 1st Session H. R. 3214 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Gallego introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for personnel critical to national security during a Government shutdown. 1. Short title This Act may be cited as the Preserve our National Security Act . 2. Continuing appropriations for members of the Armed Forces, National Intelligence Program, and Department of Homeland Security (a) In general There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect— (1) such sums as are necessary to provide pay and allowances to members of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code), including reserve components thereof, who perform active service during such period as well as employees of agencies part of the National Intelligence Program, the Department of Homeland Security, and the Department of Veterans Affairs; (2) such sums as are necessary to provide pay and allowances to the civilian personnel of the Department of Defense, employees of agencies within the National Intelligence Program, employees of the Department of Homeland Security, and employees of the Department of Veterans Affairs whom the Secretary of Defense, Director of National Intelligence, Secretary of Homeland Security, or Secretary of Veterans Affairs are providing support to veterans or United States national security interests related to military, intelligence services, and securing and staffing borders and ports of entry (1); and (3) such sums as are necessary to provide pay and allowances to contractors of the Department of Defense, employees of agencies within the National Intelligence Program, employees of the Department of Homeland Security, and employees of the Department of Veterans Affairs whom the Secretary of Defense, Director of National Intelligence, Secretary of Homeland Security, or Department of Veterans Affairs are providing benefits to veterans of the Armed Forces or support to United States national security interests related to military, intelligence services, and securing and staffing borders and ports of entry described in paragraph (1). 3. Termination Appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation (including a continuing appropriation) for any purpose for which amounts are made available in section 2; (2) the enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose; or (3) January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr3214ih/xml/BILLS-113hr3214ih.xml

113-hr-3215

I 113th CONGRESS 1st Session H. R. 3215 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Gallego introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Legislative Reorganization Act of 1946 to suspend the salary of Members of Congress and deem Members of Congress as non-essential employees during a government shutdown. 1. Short title This Act may be cited as the Shutdown Pay for Members of Congress Act of 2013 . 2. Elimination of pay for Members of Congress Section 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is amended by amending the section to read as follows: (C) Effective with the termination of a fiscal year at the end of which the U.S. House of Representatives and the U.S. Senate fail to reach agreement on government spending, Members of Congress may not receive pay until a government spending agreement by the U.S. House of Representatives and U.S. Senate on future spending is agreed to. . 3. Definition of essential and non-Essential Federal employees Consistent with the Constitution and the Anti-Deficiency Act, 31 U.S.C. 1341 , 1342, the Committee on House Administration is required to consider the following definitions for the legislative branch including: (1) Employing authority under House Rules where Members of Congress would be deemed non-essential . 4. Effective date The amendments made by this Act shall apply with respect to any adjustment which, but for this Act, would otherwise become effective in the event of a lapse in appropriations for government spending where the government would thereby shut down.

https://www.govinfo.gov/content/pkg/BILLS-113hr3215ih/xml/BILLS-113hr3215ih.xml

113-hr-3216

I 113th CONGRESS 1st Session H. R. 3216 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Kingston (for himself and Mr. Gohmert ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Armed Services and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that members of the Armed Forces and Federal law enforcement officers continue to receive their pay and allowances despite a shutdown of the Federal Government or in the event that the debt of the United States Government reaches the statutory limit. 1. Payment of pay and allowances for members of the Armed Forces and Federal law enforcement officers during Federal Government shutdown or despite reaching statutory debt limit (a) Continuation during a federal government shutdown During any funding gap during fiscal year 2014 when interim or full-year appropriations for the following activities 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 head of the appropriate Executive agency such amounts as are necessary to continue such activities: (1) The payment of pay and allowances for members of the Armed Forces (including reserve components thereof) on active duty. (2) The payment of salaries and benefits for sworn Federal law enforcement officers. (b) Continuation despite reaching statutory debt limit In the event that the debt of the United States Government reaches the statutory limit as defined in section 3101 of title 31, United States Code, the following shall take equal priority over all other obligations incurred by the United States Government: (1) The payment of pay and allowances for members of the Armed Forces (including reserve components thereof) on active duty. (2) The payment of salaries and benefits for sworn Federal law enforcement officers.

https://www.govinfo.gov/content/pkg/BILLS-113hr3216ih/xml/BILLS-113hr3216ih.xml

113-hr-3217

I 113th CONGRESS 1st Session H. R. 3217 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Armed Services and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure the pay and allowances of members of the Armed Forces in the event that the debt limit is reached or during a funding gap, and for other purposes. 1. Short title This Act may be cited as the Military Pay Act . 2. Pay and allowances for national security personnel if the debt ceiling is reached In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the Secretary of the Treasury shall make available the following amounts: (1) Such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, as well as civilian employees of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) and designated contractors. (2) Such amounts as the President certifies to Congress as are necessary to carry out vital national security priorities of the United States. 3. Emergency appropriation of funds for defense and national security during a funding gap (a) In general During any funding gap, the Secretary of the Treasury shall make available, out of any amounts in the general fund of the Treasury not otherwise appropriated— (1) such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, as well as civilian employees of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) and designated contractors; and (2) such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities. (b) Funding gap defined For purposes of this section and with respect to an obligation incurred by the Government of the United States, the term funding gap means any period of time after the beginning of a fiscal year for which interim or full-year appropriations for such obligation have not been enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr3217ih/xml/BILLS-113hr3217ih.xml

113-hr-3218

I 113th CONGRESS 1st Session H. R. 3218 IN THE HOUSE OF REPRESENTATIVES September 28, 2013 Mr. Nugent (for himself, Ms. Castor of Florida , Mr. Rooney , Ms. Ros-Lehtinen , Mr. Bilirakis , Mr. Garcia , Mr. Young of Florida , Mr. Miller of Florida , Mr. Posey , Mr. Webster of Florida , Mr. Ross , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Financial Services , 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 delay increases in flood insurance premium rates under the national flood insurance program until completion of the pending study regarding the affordability of such rates and congressional consideration of reforms to make such rates affordable, and for other purposes. 1. Short title This Act may be cited as the Flood Insurance Fairness Act of 2013 . 2. Delay in flood insurance premium changes until completion of affordability study (a) In general Notwithstanding any other provision of law, the amendments made by sections 100205 and 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 917) to sections 1307 and 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014 and 4015) shall not take effect until the expiration of the 180-day period beginning on the date that the House of Representatives and the Senate have both completed consideration of a qualified joint resolution pursuant to section 4. (b) Effective date Subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012. 3. Determination of affordability; submission of proposed legislative changes (a) In general The Administrator of the Federal Emergency Management Agency shall submit to the Congress, and to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session, together with the report referred to in section 2(a) of this Act— (1) a determination of whether risk premium rates for flood insurance coverage under the national flood insurance program resulting from the amendments referred to in section 2(a) of this Act are substantially affordable for all homeowners; and (2) if the determination under paragraph (1) of this subsection is that such premium rates are not substantially affordable for all homeowners— (A) recommendations for legislative modifications, including any modifications necessary to the amendments referred to in section 2(a), sufficient to ensure that risk premium rates for flood insurance coverage under the national flood insurance program resulting from the amendments referred to in section 2(a) of this Act are substantially affordable for all homeowners; and (B) a proposed joint resolution that provides for the legislative modifications under subparagraph (A). (b) Public availability The Administrator shall make the matter submitted to the Congress pursuant to subsection (a), including the proposed joint resolution, publicly available, and shall publish in the Federal Register a notice of the matter and information on how it can be obtained. 4. Expedited consideration of recommendations for reforms (a) Qualified joint resolution For purposes of this section, the term qualified joint resolution means only a joint resolution described in section 3(2)(B) of this Act. (b) Introduction A proposed qualified joint resolution transmitted by the Administrator of the Federal Emergency Management Agency under section 3(a) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (c) No referral A qualified joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. (d) Motion To proceed A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a qualified joint resolution is agreed to, the qualified joint resolution shall remain the unfinished business of the respective House until disposed of. (e) Expedited consideration in the House of Representatives In the House of Representatives, a qualified joint resolution shall be considered as read. All points of order against the qualified joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the qualified joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the qualified joint resolution shall not be in order. A vote on final passage of the qualified joint resolution shall be taken in the House of Representatives on or before the close of the 10th legislative day after the date of the introduction of the qualified joint resolution in the House of Representatives. (f) Expedited procedure in the Senate (1) Consideration In the Senate, consideration of a qualified joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the qualified joint resolution is not in order. (2) Passage If the Senate has proceeded to a qualified joint resolution, the vote on passage of the qualified joint resolution shall occur immediately following the conclusion of consideration of the qualified joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the qualified joint resolution shall be taken in the Senate on or before the close of the 10th legislative day after the date of the introduction of the qualified joint resolution in the Senate. (3) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a qualified joint resolution shall be decided without debate. (g) Points of order In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a qualified joint resolution does not meet the definition of a qualified joint resolution under subsection (a). (h) Amendment A qualified joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. (i) In general If, before passing a qualified joint resolution, one House receives from the other a qualified joint resolution— (1) the qualified joint resolution from the other House shall not be referred to a committee; and (2) with respect to a qualified joint resolution of the House receiving the qualified joint resolution— (A) the procedure in that House shall be the same as if no qualified joint resolution had been received from the other House until the vote on passage; but (B) the vote on final passage shall be on the qualified joint resolution of the other House. (j) Exercise of rulemaking powers This section is enacted by the Congress— (1) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a qualified joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (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.

https://www.govinfo.gov/content/pkg/BILLS-113hr3218ih/xml/BILLS-113hr3218ih.xml

113-hr-3219

I 113th CONGRESS 1st Session H. R. 3219 IN THE HOUSE OF REPRESENTATIVES September 30, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to provide copyright owners in sound recordings with the exclusive right to negotiate in the marketplace the performance of their works to the public by means of an audio transmission, and for other purposes. 1. Short title This Act may be cited as the Free Market Royalty Act . 2. Broadcast performance right in sound recordings Section 106(6) of title 17, United States Code, is amended by striking a digital audio and inserting an audio . 3. Free market for licensing of public performances Section 114 of title 17, United States Code, is amended as follows: (1) Subsection (d) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking a digital audio and inserting an audio ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (B) by striking paragraph (2); (C) in paragraph (3)— (i) in subparagraphs (A) and (B)(i), by striking of digital audio and inserting of an audio ; and (ii) in subparagraph (D), by striking a digital audio and inserting an audio ; (D) in paragraph (4), in subparagraphs (A) and (B)(i), by striking a digital audio and inserting an audio ; and (E) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Section 114 of title 17, United States Code, is amended by striking subsections (e), (f), and (g), and inserting the following: (e) Efficiency of licensing (1) Collective negotiation for noninteractive services Pursuant to section 106(6), and notwithstanding any other provision of law, any noninteractive services performing sound recordings publicly by means of an audio transmission may collectively negotiate and agree to royalty rates and license terms and conditions for the performance of such sound recordings. (2) One-stop licensing for noninteractive services (A) Negotiation of licenses by common agent Pursuant to section 106(6), and notwithstanding any other provision of law, for licenses for noninteractive audio transmissions, SoundExchange, Inc., or any successor entity is designated as the sole common agent to negotiate, agree to, pay, and receive payments under this section. If a license for noninteractive audio transmissions is agreed to by such common agent, copyright owners of sound recordings may subsequently negotiate and agree to royalty rates and license terms and conditions with any noninteractive services performing sound recordings publicly by means of an audio transmission for the performance of such sound recordings. (B) Direct payment and equal compensation The common agent under subparagraph (A) shall make distributions directly to the following recipients from payments collected under this section as follows: (i) 50 percent shall be paid to the copyright owner. (ii) 45 percent shall be paid to featured recording artists. (iii) 5 percent shall be paid to nonfeatured musicians and vocalists (through the American Federation of Musicians and Screen Actors Guild-American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund, or their successors). (f) Payments from individual licenses for noninteractive audio transmissions In the case of a license granted by the copyright owner of a sound recording to a noninteractive service performing sound recordings publicly by means of an audio transmission, such service shall pay to the common agent described in subsection (e) receipts from the licensing of such transmissions in an amount equal to 50 percent of the total royalties and other compensation that the service is required to pay for such transmissions under the applicable license agreement. Such common agent shall distribute such payments in proportion to the distributions provided in clauses (ii) and (iii) of subsection (e)(2)(B), and such payments shall be the sole payments to which featured and nonfeatured artists are entitled by reason of such transmissions under the license with that service. (g) Backstop for public and noncommercial stations (1) Establishment of rates and terms If royalty rates and license terms and conditions for the audio transmission or retransmission of a nonsubscription broadcast consisting solely of noncommercial educational and cultural radio programs are not negotiated and agreed upon collectively under subsection (e) between the common agent and a noncommercial educational broadcast station funded on or after January 1, 1995, under section 396(k) of the Communications Act of 1934 ( 47 U.S.C. 396(k) ), a proceeding under chapter 8 of this title shall determine the rates and terms for such transmissions and retransmissions. The Copyright Royalty Judges shall establish such rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In determining such rates and terms, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties. (2) Payment of royalties All royalty payments under this subsection for over-the-air nonsubscription broadcast transmissions required to be paid by public broadcasting entities that are eligible to receive funding on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934 ( 47 U.S.C. 396(k)(6)(B) ) or that are authorized to transmit over-the-air nonsubscription broadcast performances of nondramatic musical works pursuant to arrangements negotiated or otherwise made by the Corporation for Public Broadcasting under section 118, shall first be made using funds made available pursuant to section 396(k)(3)(A)(I)(II) of the Communications Act of 1934. . (3) Subsection (h)(1) is amended by striking a digital audio and inserting an audio . (4) Subsection (j) is amended— (A) in paragraph (1), by striking digital audio and inserting audio ; (B) by striking paragraphs (2), (4), (5), (6), (8), (10), and (11); (C) by inserting after paragraph (1) the following: (2) An audio transmission is a transmission that embodies the transmission of a sound recording, and does not include the transmission of any audiovisual work. ; (D) by redesignating paragraph (7) as paragraph (4); (E) by inserting after paragraph (4), as redesignated, the following: (5) A noninteractive service is a service that would have been eligible for statutory licensing under subsection (d)(2) of this section, as such subsection was in effect on September 1, 2013 ; and (F) by redesignating paragraphs (9), (12), (13), (14), and (15) as paragraphs (6), (7), (8), (9), and (10) respectively. 4. Ephemeral recordings Section 112 of title 17, United States Code, is amended— (1) in subsection (a)(1), by striking including a statutory license under section 114(f) and inserting including a license to perform a sound recording under section 114 ; and (2) by striking subsection (e) and inserting the following: (e) Efficiency of licensing The provisions of subsections (e)(1), (e)(2)(A), and (g) of section 114 shall apply to licensing of the right to reproduce phonorecords of a sound recording under section 106(1)— (1) for use solely to make noninteractive audio transmissions licensable under such subsections of section 114, or (2) for use solely under the limitation on exclusive rights specified by section 114(d)(1)(B)(iv), under circumstances in which such reproductions would have been eligible for statutory licensing under this subsection, as this subsection was in effect on September 1, 2013. . 5. Chapter 8 proceedings of Copyright Royalty Judges; technical amendments (a) Functions Section 801(b) of title 17, United States Code, is amended— (1) in paragraph (1)— (A) by striking 112(e), 114, ; and (B) by striking sections 114(f)(1)(B), 115, and inserting sections 115 ; (2) in paragraph (3)(C), by striking 804(b)(8) and inserting 804(b)(7) ; (3) in paragraph (7)(B), by striking 112(e)(5), 114(f)(3), ; (4) by redesignating paragraph (8) as paragraph (9); and (5) by inserting after paragraph (7) the following: (8) To determine the rates and terms for transmissions under section 114(g) and reproductions under section 112(e). . (b) Proceedings Section 803 of title 17, United States Code, is amended— (1) in subsection (b)(1)(A)(i)— (A) by striking subclauses (II) and (III); (B) in subclause (IV), by striking 804(b)(8) and inserting 804(b)(7) ; and (C) by redesignating subclauses (IV) and (V) as subclauses (II) and (III), respectively; and (2) in subsection (c)(2)(E)(i), by striking on a specified date, then— and all that follows through as of the date of that determination. and inserting on a specified date, then the initial determination of the Copyright Royalty Judges that is the subject of the rehearing motion shall be effective as of the day following the date on which the rates and terms that were previously in effect expire. . (c) Judicial review Section 803(d)(2)(C)(ii) of title 17, United States Code, is amended by striking by the Copyright Royalty Judges and inserting under section 114(e)(2) or 112(e), or, in any other case, by the Copyright Royalty Judges, . (d) Institution of proceedings Section 804 of title 17, United States Code, is amended— (1) in subsection (a)— (A) in the first sentence, by striking 112, 114, ; and (B) by striking the last sentence; and (2) in subsection (b)— (A) by striking paragraph (2); (B) by striking paragraph (3) and inserting the following: (2) Certain sections 114 and 112 proceedings Proceedings under this chapter to determine terms and rates of royalty payments under section 114(g) or 112(e) may be commenced only pursuant to petitions filed after the end of the 6-month period beginning on the effective date of the Free Market Royalty Act. Thereafter, proceedings described in the preceding sentence may be commenced only pursuant to a petition filed at any time within 1 year after negotiated licenses authorized by section 114 or 112(e) (as the case may be) expire and are not replaced by subsequent agreements. For purposes of proceedings to determine terms and rates under this paragraph, the Copyright Royalty Judges shall make a determination as to whether the petitioner has a significant interest in the terms and rates in which a determination by the Judges is requested. If the Copyright Royalty Judges determine that the petitioner has such a significant interest, the Copyright Royalty Judges shall cause notice of this determination, with the reasons for such determination, to be published in the Federal Register, together with the notice of commencement of proceedings under this chapter. ; and (C) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (e) Technical amendments Section 114 of title 17, United States Code, is amended as follows: (1) Subsection (a) is amended by striking clauses and inserting paragraphs . (2) Subsection (b) is amended— (A) by striking clause each place it appears and inserting paragraph ; (B) by striking clauses each place it appears and inserting paragraphs ; and (C) by striking section 397 of title 47 and inserting section 397 of the Communications Act of 1934 ( 47 U.S.C. 397 ) . 6. Study by Copyright Office The Register of Copyrights shall— (1) conduct a study on the protection of making available to the public copyrighted works under paragraph (3) of section 106 of title 17, United States Code, and communicating to the public copyrighted works under paragraph (4) of such section, and recommend any amendments to such paragraphs necessary to so protect the rights of making available to the public copyrighted works and communicating to the public copyrighted works; and (2) not later than 9 months after the date of the enactment of this Act, submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the results of the studies conducted under paragraph (1), including any recommendations under such paragraph. 7. Effective date (a) Phase-Out of statutory licenses The amendments made by sections 2, 3, 4, and 5— (1) shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act; and (2) shall apply with respect to audio transmissions of sound recordings that are made on or after the effective date under paragraph (1). (b) Other provisions Sections 1 and 6 shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3219ih/xml/BILLS-113hr3219ih.xml

113-hr-3220

I 113th CONGRESS 1st Session H. R. 3220 IN THE HOUSE OF REPRESENTATIVES September 30, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to deny Federal retirement benefits to individuals convicted of certain offenses, and for other purposes. 1. Denial of Federal retirement benefits (a) Conviction of certain offenses (1) In general Section 8312(a) of title 5, United States Code, is amended— (A) by striking or at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ; or ; and (C) by adding after paragraph (2) the following: (3) was convicted, after the date of the enactment of this paragraph, of an offense named by subsection (e), to the extent provided by that subsection. . (2) Applicability The last sentence of section 8312(a) of such title 5 is amended— (A) by striking and at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding after subparagraph (B) the following: (C) with respect to the offenses named by subsection (e), to the period after the date of conviction. . (3) Offenses specified Section 8312 of such title 5 is amended by adding at the end the following: (e) The following are offenses to which subsection (a) applies: (1) An offense within the purview of section 641 of title 18, committed after the date of the enactment of this subsection. (2) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of paragraph (1). (3) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3). . (b) Absence from United States To avoid prosecution Section 8313(a)(1) of title 5, United States Code, is amended— (1) by striking or at the end of subparagraph (A); (2) by striking ; and at the end of subparagraph (B) and inserting ; or ; and (3) by adding after subparagraph (B) the following: (C) after the date of the enactment of subsection (e) of section 8312, for an offense named by such subsection; and . (c) Refund of contributions and deposits Section 8316(b) of title 5, United States Code, is amended— (1) by striking or at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; or ; and (3) by adding after paragraph (2) the following: (3) if the individual was convicted of an offense named by subsection (e) of section 8312, for the period after the conviction. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3220ih/xml/BILLS-113hr3220ih.xml

113-hr-3221

I 113th CONGRESS 1st Session H. R. 3221 IN THE HOUSE OF REPRESENTATIVES September 30, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand and enhance existing adult day programs for younger people with neurological diseases or conditions (such as multiple sclerosis, Parkinson’s disease, traumatic brain injury, or other similar diseases or conditions) to support and improve access to respite services for family caregivers who are taking care of such people, and for other purposes. 1. Short title This Act may be cited as the Adult Day Center Enhancement Act . 2. Findings The Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson’s disease, and traumatic brain injury (TBI) can also typically affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most people with MS are diagnosed between the ages of 20 and 50 years of age. MS is a leading cause of disability in young adults. Persons living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by informal, unpaid caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The four primary symptoms of Parkinson’s disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. Other symptoms may include cognitive changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. It is estimated that nearly 500,000 to 1,500,000 people live with Parkinson's and of those 5 to 10 percent are diagnosed younger than 60 and deemed early-onset . (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 1,400,000 TBIs occur annually, resulting in disabilities affecting up to 90,000 people among a broad range of age groups. Traumatic brain injury is also a serious issue that affects military servicemembers. Estimates in prior military conflicts indicate that TBI was present in 14–20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $450,000,000,000 in free services annually. The current pool of potential family caregivers is dwindling, from 11 potential caregivers for each person needing care today to a projected 4 to 1 ratio by 2050. (6) Recent studies indicate that the total estimated cost to employers for full-time employees with intensive caregiving responsibilities is $17,100,000,000. The total estimated cost to employers for all full-time, employed caregivers is $33,600,000,000 annually. (7) Currently more than half of care recipients (56 percent) are under age 75, and almost one-third (28 percent) are under age 50 reflecting the need to offer age-appropriate services. (8) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, people with disabilities, and younger adults with chronic diseases. (9) Adult day programs geared toward people living with neurological diseases or conditions such as MS, Parkinson’s disease, TBI, or other similar diseases or conditions provide an important response to the needs of people living with these conditions and their caregivers. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (10) Adult day programs have been shown to provide a range of documented benefits including improvements in functional status, social support, and reductions in fatigue, depression and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (11) There are currently few adult day programs focused on younger adult populations in the United States. Although young people living with neurological diseases or conditions may be able to access existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. 3. Establishment of adult day programs (a) Survey of existing adult day programs (1) In general Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals including young adults living with neurological diseases or conditions such as multiple sclerosis, Parkinson’s disease, traumatic brain injury, or any similar disease or condition. (2) Survey elements In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall— (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) identify which adult day programs are serving young adults living with neurological diseases or conditions; (C) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including— (i) program guidelines; (ii) recommendations on the scope of services that should be provided to individuals with neurological diseases or conditions including young adults (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (D) evaluate the extent to which the Administration for Community Living supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall produce and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of grant program (1) In general Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration for Community Living a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs serving younger people with neurological diseases or conditions. (2) Eligible entities In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of younger people living with neurological diseases or conditions such as multiple sclerosis, Parkinson’s disease, traumatic brain injury, or other similar diseases or conditions, including their functional abilities and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with neurological diseases or conditions such as multiple sclerosis, Parkinson’s disease, traumatic brain injury, or other similar diseases or conditions. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary should ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations— (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall produce and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in— (i) responding to the needs of younger individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson’s disease, traumatic brain injury, or other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions In this Act: (1) The term adult day program means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson’s disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to their family caregivers and that may assist participants in ways that— (A) maintain or improve their functional abilities, or otherwise help them adjust to their changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such diseases or conditions. (2) The term family caregiver means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of appropriations To carry out this section, in addition to amounts otherwise made available for such purpose, there are authorized to be appropriated, and to remain available until expended, the following: (1) $1,000,000 for fiscal year 2014. (2) $3,000,000 for fiscal year 2015. (3) $6,000,000 for fiscal year 2016. (4) $8,000,000 for fiscal year 2017. (5) $10,000,000 for fiscal year 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr3221ih/xml/BILLS-113hr3221ih.xml

113-hr-3222

I 113th CONGRESS 1st Session H. R. 3222 IN THE HOUSE OF REPRESENTATIVES September 30, 2013 Ms. Meng 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 special resource study of sites associated with the 1657 signing of the Flushing Remonstrance in Queens, New York, and for other purposes. 1. Short title This Act may be cited as the Flushing Remonstrance Study Act . 2. Findings Congress finds the following: (1) Dutch involvement in North America started with Henry Hudson’s 1609 voyage on the ship, Half Moon, employed by the Dutch East India Company. (2) After 1640, New Netherland gradually began to transform from a chain of trading posts into a settlement colony. (3) As Dutch and English settlers moved closer to one another, they began to assimilate in what would later become Queens County. (4) The Dutch and English settlements had not been without conflict. Although the Dutch Republic was well known for its toleration of other faiths, Director General Peter Stuyvesant and his council thought that liberty of worship should not be granted to Quakers. (5) When Quakers began to arrive in Flushing, the colonial government issued an ordinance that formally banned the practice of all religions outside of the Dutch Reformed Church. (6) On December 27, 1657, 30 Flushing residents signed what was later called the Flushing Remonstrance, objecting to this order. None of the remonstrance’s authors were Quakers. (7) Dutch colonial authorities proceeded to arrest the signers of the Flushing Remonstrance. In 1662, John Bowne defied the ban and allowed Quakers to hold services in his house. Bowne was fined and banished to the Dutch Republic for showing contempt for secular authority. (8) Bowne was later exonerated after appealing to the guarantees of religious liberty before the Dutch West India Company and returned to Flushing in 1664. The colony later fell to British control on September 24, 1664. (9) The Flushing Remonstrance is now considered by many to be instrumental in the development of religious liberty in the United States and a precursor to the First Amendment to the United States Constitution. (10) In 1957, the United States Postal Service released a 3-cent postage stamp commemorating the 300th Anniversary of the signing of the Flushing Remonstrance which read, Religious Freedom in America . (11) Queens remained rural and agricultural through the 18th and 19th Centuries. Although its Dutch identity diminished, the tolerance of diversity that has harbored Quakers and other religious sects in the Dutch Colonial period continues to this day. Queens is the most ethnically diverse urban area in the world, with a population of over 2,200,000 representing over 100 different nations and speaking over 138 different languages. 3. Definitions As used in this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Study area The term study area means the John Bowne House located at 3701 Bowne Street, Queens, New York, the Friends Meeting House located at 137–17 Northern Boulevard, Queens, New York, and other resources in the vicinity of Flushing related to the history of religious freedom during the era of the signing of the Flushing Remonstrance. 4. Special resource study (a) Study The Secretary shall conduct a special resource study of the study area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the study area’s resources based on their relationship to the history of religious freedom associated with the signing of the Flushing Remonstrance; (2) determine the suitability and feasibility of designating resources within the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) identify properties related to the John Bowne House that could potentially meet criteria for designation as a National Historic Landmark; (5) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; (6) evaluate the impact of the proposed action on the flow of commerce and commercial activity, job opportunities, and any adverse economic effects that could not be avoided if the proposal is implemented; and (7) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of National Park Service General Authorities Act ( 16 U.S.C. 1a–5 ). (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), 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 containing the results of the study and any conclusions and recommendations of the Secretary.

https://www.govinfo.gov/content/pkg/BILLS-113hr3222ih/xml/BILLS-113hr3222ih.xml

113-hr-3223

I 113th CONGRESS 1st Session H. R. 3223 IN THE HOUSE OF REPRESENTATIVES September 30, 2013 Mr. Moran (for himself, Mr. Wolf , Mr. Hoyer , Ms. Norton , Mr. Cummings , Mr. Van Hollen , Mr. Wittman , Mr. Sarbanes , Ms. Edwards , Mr. Connolly , Mr. Rigell , Mr. Delaney , Mr. Price of North Carolina , Mr. Ruppersberger , Mr. Visclosky , Mr. George Miller of California , Mr. Langevin , Mr. Lewis , Mr. David Scott of Georgia , Mr. Danny K. Davis of Illinois , Mr. Dingell , Ms. Speier , Ms. Pingree of Maine , Mr. Andrews , Ms. DeLauro , Mrs. Capps , Mr. Keating , Ms. Bass , Mr. Ellison , Ms. Slaughter , Ms. Brown of Florida , Ms. Eddie Bernice Johnson of Texas , and Mrs. Lowey ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the compensation of furloughed Federal employees. 1. Short title This Act may be cited as the Federal Employee Retroactive Pay Fairness Act . 2. Compensation for furloughed Federal employees Federal employees furloughed as a result of any lapse in appropriations which begins on or about October 1, 2013, shall be compensated at their standard rate of compensation, for the period of such lapse in appropriations, as soon as practicable after such lapse in appropriations ends.

https://www.govinfo.gov/content/pkg/BILLS-113hr3223ih/xml/BILLS-113hr3223ih.xml

113-hr-3224

I 113th CONGRESS 1st Session H. R. 3224 IN THE HOUSE OF REPRESENTATIVES September 30, 2013 Mr. Nolan introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To withhold the pay of Members of Congress during periods in which a Government shutdown is in effect, and for other purposes. 1. Short title This Act may be cited as the No Government No Pay Act of 2013 . 2. Withholding pay of Members of Congress in response to government shutdown (a) Withholding of Pay If on any day during a pay period a Government shutdown is in effect, the payroll administrator of each House of Congress shall withhold from the payments otherwise required to be made with respect to that pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (1) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ); and (2) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period. (b) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (c) Payroll administrator defined In this section, the payroll administrator of a House of Congress means— (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (d) Effective date This section shall apply with respect to days occurring during the One Hundred Fourteenth Congress and each succeeding Congress. 3. Determination of Government shutdown For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. 4. Member of Congress defined In this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3224ih/xml/BILLS-113hr3224ih.xml

113-hr-3225

I 113th CONGRESS 1st Session H. R. 3225 IN THE HOUSE OF REPRESENTATIVES October 1, 2013 Mr. Salmon (for himself, Mr. DeSantis , Mr. Meadows , Mr. Graves of Georgia , Mr. Radel , Mr. Franks of Arizona , Mr. Schweikert , Mr. Gosar , Mr. Bridenstine , Mr. Labrador , Mr. Duncan of South Carolina , Mr. Grimm , Mr. Gohmert , Mr. Hanna , Mr. Weber of Texas , Mr. Benishek , Mr. Rohrabacher , Mr. LaMalfa , Mr. Cook , Mr. Williams , Mr. Yoho , Mr. Lamborn , Mr. Price of Georgia , Mr. Chabot , Mr. Stewart , Mr. Jones , Mr. Coble , Mr. Broun of Georgia , Mr. Jordan , Mr. Cotton , Mr. Amash , Mr. Harris , Mr. Cramer , Mrs. Walorski , Mr. DesJarlais , Mrs. Lummis , Mr. Reichert , Mr. Roe of Tennessee , Mrs. Blackburn , Mr. Forbes , Mr. Posey , Mr. McClintock , Mr. Mullin , Mr. Griffith of Virginia , Mr. Hunter , Mr. Gingrey of Georgia , and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for veterans benefits in the event of a Government shutdown. 1. Continuing appropriations for veterans compensation, pension benefits, and educational assistance There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect, such sums as are necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2013 and under the authority and conditions provided in such Acts, to administer and furnish the compensation, pension benefits, readjustment benefits, veterans insurance and indemnities, veterans housing benefits, and vocational rehabilitation benefits provided for under title 38, United States Code. 2. Termination Appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation (including a continuing appropriation) for any purpose for which amounts are made available in section 1. (2) The enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose. (3) January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr3225ih/xml/BILLS-113hr3225ih.xml

113-hr-3226

I 113th CONGRESS 1st Session H. R. 3226 IN THE HOUSE OF REPRESENTATIVES October 1, 2013 Mr. Rice of South Carolina introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove from the John H. Chafee Coastal Barrier Resources System certain properties in South Carolina. 1. Removal of properties in South Carolina from John H. Chafee Coastal Barrier Resources System (a) In general The Secretary of the Interior shall revise one or more maps included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ), and relating to John H. Chafee Coastal Barrier Resources System Unit SC–01 in South Carolina, as necessary to remove from such System the following parcels of land adjacent to property located at 10108 Kings Road in Myrtle Beach, South Carolina: (1) The parcel identified in the land records of Horry County, South Carolina, as TMS 155–00–01–115, consisting of approximately 6.94 acres. (2) The parcel identified in such land records as TMS 155–00–01–051, consisting of approximately 13.91 acres. (b) Availability The Secretary of the Interior shall keep each map revised under subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3226ih/xml/BILLS-113hr3226ih.xml

113-hr-3227

I 113th CONGRESS 1st Session H. R. 3227 IN THE HOUSE OF REPRESENTATIVES October 1, 2013 Mr. Rice of South Carolina introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove from the John H. Chafee Coastal Barrier Resources System certain properties in South Carolina. 1. Removal of properties in South Carolina from John H. Chafee Coastal Barrier Resources System (a) In general The Secretary of the Interior shall revise one or more maps included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ), and relating to John H. Chafee Coastal Barrier Resources System Unit SC–03 in South Carolina, as necessary to remove from such System the parcels of land at the following addresses in South Carolina: (1) 2209 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–047–00–00 in the property records of Georgetown County, South Carolina). (2) 2201 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–046–00–00 in such property records). (3) 2191 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–045–00–00 in such property records). (4) 2179 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–044–00–00 in such property records). (5) 2216 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–071–00–00 in such property records). (6) 2224 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–072–00–00 in such property records). (7) 2226 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–073–00–00 in such property records). (8) 2230 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–074–00–00 in such property records). (9) 2236 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–075–00–00 in such property records). (10) 2254 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–076–00–00 in such property records). (11) 2272 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–077–00–00 in such property records). (12) 2305 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–078–00–00 in such property records). (13) 2317 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–079–00–00 in such property records). (14) 2329 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–080–00–00 in such property records). (15) 2339 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–081–00–00 in such property records). (16) 2349 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–082–00–00 in such property records). (17) 2359 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–083–00–00 in such property records). (18) 2369 Sailfish Dr, Murrells Inlet, SC 29576 (parcel number 00–0131–084–00–00 in such property records). (19) 2273 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 41–0131–033–00–00 in such property records). (20) 2171 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 41–0131–043–00–00 in such property records). (21) 2182 S Waccamaw Dr, Murrells Inlet, SC 29576 (parcel number 41–0131–070–00–00 in such property records). (b) Availability The Secretary of the Interior shall keep each map revised under subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3227ih/xml/BILLS-113hr3227ih.xml

113-hr-3228

I 113th CONGRESS 1st Session H. R. 3228 IN THE HOUSE OF REPRESENTATIVES October 1, 2013 Mr. Van Hollen (for himself and Mr. Jordan ) 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 establish the Office of the Constitutional Advocate to provide advocacy in cases before courts established by the Foreign Intelligence Surveillance Act of 1978, and for other purposes. 1. Short title This Act may be cited as the FISA Court Reform Act of 2013 . 2. Definitions In this title: (1) Constitutional Advocate The term Constitutional Advocate means the Constitutional Advocate appointed under section 3(b). (2) Decision The term decision means a decision, order, or opinion issued by the FISA Court or the FISA Court of Review. (3) FISA The term FISA means the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (4) FISA Court The term FISA Court means the court established under section 103(a) of FISA ( 50 U.S.C. 1803(a) ). (5) FISA Court of Review The term FISA Court of Review means the court of review established under section 103(b) of FISA ( 50 U.S.C. 1803(b) ). (6) Office The term Office means the Office of the Constitutional Advocate established under section 3(a). (7) Petition review pool The term petition review pool means the petition review pool established by section 103(e) of FISA ( 50 U.S.C. 1803(e) ) or any member of that pool. (8) Significant construction or interpretation of law The term significant construction or interpretation of law means a significant construction or interpretation of a provision, as that term is construed under section 601(c) of FISA ( 50 U.S.C. 1871(c) ). 3. Office of the Constitutional Advocate (a) Establishment There is established within the judicial branch of the United States an Office of the Constitutional Advocate. (b) Constitutional Advocate (1) In general The head of the Office is the Constitutional Advocate. (2) Appointment and term (A) Appointment The Chief Justice of the United States shall appoint the Constitutional Advocate from the list of candidates submitted under subparagraph (B). (B) Candidates (i) List of candidates The Privacy and Civil Liberties Oversight Board shall submit to the Chief Justice a list of not less than 5 qualified candidates to serve as a Constitutional Advocate. (ii) Selection of candidates In preparing a list described in clause (i), the Privacy and Civil Liberties Oversight Board shall select candidates the Board believes will be zealous and effective advocates in defense of civil liberties and consider each potential candidate's— (I) litigation and other professional experience; (II) experience with the areas of law the Constitutional Advocate is likely to encounter in the course of the Advocate's duties; and (III) demonstrated commitment to civil liberties. (C) Security Clearance An individual may be appointed Constitutional Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (D) Term and dismissal A Constitutional Advocate shall be appointed for a term of 3 years and may be fired only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance. (E) Reappointment There shall be no limit to the number of consecutive terms served by a Constitutional Advocate. The reappointment of a Constitutional Advocate shall be made in the same manner as appointment of a Constitutional Advocate. (F) Acting Constitutional Advocate If the position of Constitutional Advocate is vacant, the Chief Justice may appoint an Acting Constitutional Advocate from among the qualified employees of the Office. If there are no such qualified employees, the Chief Justice may appoint an Acting Constitutional Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Constitutional Advocate shall have all of the powers of a Constitutional Advocate and shall serve until a Constitutional Advocate is appointed. (3) Employees The Constitutional Advocate is authorized, without regard to the civil service laws and regulations, to appoint and terminate employees of the Office. (c) Security clearances The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Constitutional Advocate and appropriate employees of the Office with the security clearances necessary to carry out the duties of the Constitutional Advocate. (d) Duties and authorities of the Constitutional Advocate (1) In general The Constitutional Advocate— (A) shall review each application to the FISA Court by the Attorney General; (B) shall review each decision of the FISA Court, the petition review pool, or the FISA Court of Review issued after the date of the enactment of this Act and all documents and other material relevant to such decision in a complete, unredacted form; (C) may participate in a proceeding before the petition review pool if such participation is requested by a party in such a proceeding or by the petition review pool; (D) shall consider any request from a provider who has been served with an order, certification, or directive compelling the provider to provide assistance to the Government or to release customer information to assist that provider in a proceeding before the FISA Court or the petition review pool, including a request— (i) to oppose the Government on behalf of the private party in such a proceeding; or (ii) to provide guidance to the private party if the private party is considering compliance with an order of the FISA Court; (E) shall participate in a proceeding before the FISA Court if appointed to participate by the FISA Court under section 4(a) and may participate in a proceeding before the petition review pool if authorized under section 5(a); (F) may request to participate in a proceeding before the FISA Court or the petition review pool; (G) shall participate in such a proceeding if such request is granted; (H) may request reconsideration of a decision of the FISA Court under section 4(b); (I) may appeal or seek review of a decision of the FISA Court, the petition review pool, or the FISA Court of Review, as permitted by this title; and (J) shall participate in such appeal or review. (2) Advocacy The Constitutional Advocate shall protect individual rights by vigorously advocating before the FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention. (3) Utilization of outside counsel The Constitutional Advocate— (A) may delegate to a competent outside counsel any duty or responsibility of the Constitutional Advocate with respect to participation in a matter before the FISA Court, the FISA Court of Review, or the Supreme Court of the United States; and (B) may not delegate to outside counsel any duty or authority set out in subparagraph (A), (B), (D), (F), (H), or (I) of paragraph (1). (4) Availability of documents and material The FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Constitutional Advocate, or appropriate outside counsel if utilized by the Constitutional Advocate under paragraph (3), any documents or other material necessary to carry out the duties described in paragraph (1). 4. Advocacy before the FISA Court (a) Appointment To participate (1) In general The FISA Court may appoint the Constitutional Advocate to participate in a FISA Court proceeding. (2) Standing If the Constitutional Advocate is appointed to participate in a FISA Court proceeding pursuant to paragraph (1), the Constitutional Advocate shall have standing as a party before the FISA Court in that proceeding. (b) Reconsideration of a FISA Court decision (1) Authority to move for reconsideration The Constitutional Advocate may move the FISA Court to reconsider any decision of the FISA Court made after the date of the enactment of this Act by petitioning the FISA Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Constitutional Advocate. (2) Discretion of the FISA Court The FISA Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) Amicus curiae participation (1) Motion by the Constitutional Advocate The Constitutional Advocate may file a motion with the FISA Court to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The FISA Court shall have the discretion to grant or deny such a motion. (2) Facilitation by the FISA Court The FISA Court may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the FISA Court. (3) Regulations Not later than 180 days after the date of the enactment of this Act, the FISA Court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. 5. Advocacy before the petition review pool (a) Authority To participate The petition review pool or any party to a proceeding before the petition review pool may authorize the Constitutional Advocate to participate in a petition review pool proceeding. (b) Reconsideration of a petition review pool decision (1) Authority to move for reconsideration The Constitutional Advocate may move the petition review pool to reconsider any decision of the petition review pool made after the date of the enactment of this Act by petitioning the petition review pool not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Constitutional Advocate. (2) Discretion of the petition review pool The petition review pool shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) Amicus curiae participation (1) Motion by the Constitutional Advocate The Constitutional Advocate may file a motion with the petition review pool to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The petition review pool shall have the discretion to grant or deny such a motion. (2) Facilitation by the FISA Court The petition review pool may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the petition review pool. (3) Regulations Not later than 180 days after the date of the enactment of this Act, the petition review pool shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. 6. Appellate review (a) Appeal of FISA Court decisions (1) Authority to appeal The Constitutional Advocate may appeal any decision of the FISA Court or the petition review pool issued after the date of the enactment of this Act not later than 90 days after the date the decision is issued, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment. (2) Standing as appellant If the Constitutional Advocate appeals a decision of the FISA Court or the petition review pool pursuant to paragraph (1), the Constitutional Advocate shall have standing as a party before the FISA Court of Review in such appeal. (3) Mandatory review The FISA Court of Review shall review any FISA Court or petition review pool decision appealed by the Constitutional Advocate and issue a decision in such appeal. (4) Standard of review The standards for a mandatory review of a FISA Court or petition review pool decision pursuant to paragraph (3) shall be— (A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination of facts. (5) Amicus curiae participation (A) In general The FISA Court of Review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amicus curiae participation in oral argument if appropriate. (B) Regulations Not later than 180 days after the date of the enactment of this Act, the FISA Court of Review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. (b) Review of FISA Court of Review decisions (1) Authority The Constitutional Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the FISA Court of Review. (2) Standing In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Constitutional Advocate shall have standing as a party. 7. Disclosure (a) Requirement To disclose The Attorney General shall publicly disclose— (1) all decisions issued by the FISA Court, the petition review pool, or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the FISA Court or the petition review pool appealed by the Constitutional Advocate pursuant to this title; and (3) any FISA Court of Review decision that is issued after an appeal by the Constitutional Advocate. (b) Disclosure described For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient— (1) to identify with particularity each legal question addressed by the decision and how such question was resolved; (2) to describe in general terms the context in which the matter arises; (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (4) to indicate whether the decision departed from any prior decision of the FISA Court, the petition review pool, or the FISA Court of Review. (c) Documents described The Attorney General shall satisfy the disclosure requirements in subsection (b) by— (1) releasing a FISA Court, petition review pool, or FISA Court of Review decision in its entirety or as redacted; (2) releasing a summary of a FISA Court, petition review pool, or FISA Court of Review decision; or (3) releasing an application made to the FISA Court, a petition made to the petition review pool, briefs filed before the FISA Court, the petition review pool, or the FISA Court of Review, or other materials, in full or as redacted. (d) Extensive disclosure The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) Timing of disclosure (1) Decisions issued prior to enactment A decision issued prior to the date of the enactment of this Act that is required to be disclosed under subsection (a)(1) shall be disclosed not later than 180 days after the date of the enactment of this Act. (2) FISA Court and petition review pool decisions The Attorney General shall release FISA Court or petition review pool decisions appealed by the Constitutional Advocate not later than 30 days after the date the appeal is filed. (3) FISA Court of Review decisions The Attorney General shall release FISA Court of Review decisions appealed by the Constitutional Advocate not later than 90 days after the date the appeal is filed. (f) Petition by the Constitutional Advocate (1) Authority to petition The Constitutional Advocate may petition the FISA Court, the petition review pool, or the FISA Court of Review to order— (A) the public disclosure of a decision of such a Court or review pool, and documents or other material relevant to such a decision, previously designated as classified information; or (B) the release of an unclassified summary of such decisions and documents. (2) Contents of petition Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Constitutional Advocate proposes to have released publicly. (3) Role of the Attorney General (A) Copy of petition The Constitutional Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). (B) Opposition The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, not later than 90 days after the date such petition was submitted. (4) Public availability Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, to the greatest extent possible, consistent with legitimate national security considerations. (5) Effective date The Constitutional Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of this Act, except with respect to a decision appealed by the Constitutional Advocate. 8. Annual report to Congress (a) Requirement for annual report The Constitutional Advocate shall submit to Congress an annual report on the implementation of this title. (b) Contents Each annual report submitted under subsection (a) shall— (1) detail the activities of the Office; (2) provide an assessment of the effectiveness of this title; and (3) propose any new legislation to improve the functioning of the Office or the operation of the FISA Court, the petition review pool, or the FISA Court of Review. 9. Preservation of rights Nothing in this title shall be construed— (1) to provide the Attorney General with authority to prevent the FISA Court, the petition review pool, or the FISA Court of Review from declassifying decisions or releasing information pursuant to this title; and (2) to eliminate the public’s ability to secure information under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) or any other provision of law.

https://www.govinfo.gov/content/pkg/BILLS-113hr3228ih/xml/BILLS-113hr3228ih.xml

113-hr-3229

I 113th CONGRESS 1st Session H. R. 3229 IN THE HOUSE OF REPRESENTATIVES October 1, 2013 Mr. Young of Alaska (for himself and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Natural Resources 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 Indian Health Care Improvement Act to authorize advance appropriations for the Indian Health Service by providing 2-fiscal-year budget authority, and for other purposes. 1. Short title This Act may be cited as the Indian Health Service Advance Appropriations Act of 2013 . 2. Advance appropriations for certain Indian Health Service accounts (a) In general Section 825 of the Indian Health Care Improvement Act ( 25 U.S.C. 1680o ) is amended— (1) by inserting (a) before There are authorized ; and (2) by adding at the end the following: (b) For each fiscal year, beginning with fiscal year 2015, discretionary new budget authority provided for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service shall include advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year. (c) The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, for fiscal year 2015 and each succeeding fiscal year detailed estimates of the funds necessary for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service for the fiscal year following the fiscal year for which the budget is submitted. . (b) Submission of budget request Section 1105(a) of title 31, United States Code, is amended— (1) by striking (37) the list and inserting (39) the list ; and (2) by adding at the end the following new paragraph: (40) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Indian Health Service: (A) Indian Health Services. (B) Indian Health Facilities. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3229ih/xml/BILLS-113hr3229ih.xml

113-hr-3230

I 113th CONGRESS 1st Session H. R. 3230 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Rogers of Kentucky (for himself, Mr. Latham , and Mrs. Walorski ) introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations during a Government shutdown to provide pay and allowances to members of the reserve components of the Armed Forces who perform inactive-duty training during such period. 1. Short title This Act may be cited as the Pay Our Guard and Reserve Act . 2. Continuing appropriations for pay and allowances for certain reserve component members of the Armed Forces (a) In general There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect such sums as are necessary to provide pay and allowances to members of the reserve components of the Armed Forces (as named in section 10101 of title 10, United States Code) who perform inactive-duty training (as defined in section 101(d)(7) of such title) during such period. (b) Termination Appropriations and funds made available and authority granted pursuant to this section shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation (including a continuing appropriation) for any purpose for which amounts are made available in this section; (2) the enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose; or (3) January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr3230ih/xml/BILLS-113hr3230ih.xml

113-hr-3231

I 113th CONGRESS 1st Session H. R. 3231 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Appropriations A BILL Making automatic continuing appropriations for law enforcement, crime prevention, and victim services programs of the Department of Justice in the event of a Government shutdown. 1. Short title This Act may be cited as the Continuing Protection for Victims and Law Enforcement Act . 2. Automatic continuing appropriations for law enforcement, crime prevention, and victim services programs There are hereby appropriated for fiscal year 2014, for any period during which a joint resolution or other Act making appropriations for commerce, justice, science, and related agencies is not in effect, such sums as may be necessary for continuing law enforcement, crime prevention, and victim services programs for which funds were made available in title II of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 (division B of Public Law 113–6 ), at a rate for operations as provided for such purposes by such Act (as reduced by the Presidential sequestration order dated March 1, 2013). 3. Treatment of expenditures at end of automatic CR period Expenditures made available pursuant to this Act shall be charged to the applicable appropriation whenever a regular or continuing appropriations Act described in section 2 is enacted into law. 4. Availability of appropriations Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2014, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2014 without any provision for such project or activity. (3) December 15, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3231ih/xml/BILLS-113hr3231ih.xml

113-hr-3232

I 113th CONGRESS 1st Session H. R. 3232 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Cook (for himself, Mr. McKeon , Mr. Miller of Florida , Mr. Turner , Mr. Runyan , Mr. Gary G. Miller of California , Mr. Calvert , Mr. Murphy of Pennsylvania , Mr. Nunes , Mr. Cole , Mr. Nugent , Mr. Jones , Mr. McCarthy of California , Mr. Mullin , Mr. Conaway , Mr. Roe of Tennessee , Mr. Wenstrup , Mr. Young of Alaska , Mr. Valadao , Mr. Denham , Mrs. Walorski , Mr. Joyce , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Pay Our Military Act to ensure that all civilian and contractor employees of the Department of Defense and the Coast Guard and all members of the reserve components of the Armed Forces are paid in the event of a Government shutdown. 1. Short title This Act may be cited as the Support Our Armed Forces Act . 2. Continuing appropriations for employees and contractors of Department of Defense and reserve component personnel (a) Sense of Congress It is the sense of Congress that— (1) all Department of Defense and Coast Guard civilian employees, including military technicians (dual status), and all defense contractor employees serve to provide vital support to the Armed Forces; and (2) all members of the reserve components of the Armed Forces who perform inactive-duty training or annual training during a Government shutdown should be paid for performing such duty, just as other members of the Armed Forces who perform active service will be paid. (b) Amendments To Pay Our Military Act Subsection (a) of section 2 of the Pay Our Military Act (HR 3210 of the 113th Congress) is amended— (1) in paragraph (1)— (A) by striking members and inserting all members ; and (B) by inserting , inactive-duty training, or annual training after active service ; (2) in paragraph (2)— (A) by striking the civilian personnel and inserting all civilian personnel ; and (B) by striking whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1) and inserting , including military technicians (dual status), non-dual status technicians, and federally reimbursed State civilian employees supporting the National Guard ; and (3) in paragraph (3)— (A) by striking pay and allowances to and inserting compensation to all employees of ; and (B) by striking whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1) and inserting who are performing activities under a contract with the Department of Defense (or the Department of Homeland Security in the case of the Coast Guard) . (c) Conforming amendments Such section is further amended— (1) by striking (a) In General .— ; and (2) by striking subsection (b).

https://www.govinfo.gov/content/pkg/BILLS-113hr3232ih/xml/BILLS-113hr3232ih.xml

113-hr-3233

I One Hundred Thirteenth Congress of the United States of America At the First Session Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen H. R. 3233 AN ACT To extend the period during which Iraqis who were employed by the United States Government in Iraq may be granted special immigrant status and to temporarily increase the fee or surcharge for processing machine-readable nonimmigrant visas. 1. Short-term extension of special immigrant program Section 1244(c)(3) of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note) is amended by adding at the end the following: (C) Fiscal year 2014 (i) In general Except as provided in clauses (ii) and (iii), the total number of principal aliens who may be provided special immigrant status under this section during the first 3 months of fiscal year 2014 shall be the sum of— (I) the number of aliens described in subsection (b) whose application for special immigrant status under this section is pending on September 30, 2013; and (II) 2,000. (ii) Employment period The 1-year period during which the principal alien is required to have been employed by or on behalf of the United States Government in Iraq under subsection (b)(1)(B) shall begin on or after March 20, 2003, and end on or before September 30, 2013. (iii) Application deadline The principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) not later than December 31, 2013. . 2. Temporary fee increase for certain consular services (a) In general Notwithstanding any other provision of law, the Secretary of State, not later than January 1, 2014, shall increase the fee or surcharge authorized under section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 8 U.S.C. 1351 note) by $1 for processing machine-readable nonimmigrant visas and machine-readable combined border crossing identification cards and nonimmigrant visas. (b) Deposit of amounts Notwithstanding section 140(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 8 U.S.C. 1351 note), the additional amount collected pursuant the fee increase authorized under subsection (a) shall be deposited in the general fund of the Treasury. (c) Sunset provision The fee increase authorized under subsection (a) shall terminate on the date that is 2 years after the first date on which such increased fee is collected. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

https://www.govinfo.gov/content/pkg/BILLS-113hr3233enr/xml/BILLS-113hr3233enr.xml

113-hr-3234

I 113th CONGRESS 1st Session H. R. 3234 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Hall 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 withhold the pay of Members of Congress, the President, and the Vice President if a Government shutdown is in effect or the Government is unable to make payments or meet obligations because the public debt limit has been reached, and for other purposes. 1. Short title This Act may be cited as the Pay Accountability Act . 2. Withholding of Pay of Members of Congress if Government shutdown is in effect or public debt limit is reached (a) Holding Salaries in Escrow If during any pay period during a Congress a Government shutdown is in effect or the public debt limit is reached, the payroll administrator of a House of Congress shall— (1) withhold from the payments otherwise required to be made with respect to the pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (A) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) for the pay period; and (B) the number of 24-hour periods during which the Government shutdown is in effect or the public debt limit is reached (as the case may be) which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Transfer to Secretary of the Treasury at end of the Congress (1) Transfer The payroll administrator of a House of Congress shall transfer to the Secretary of the Treasury any amounts remaining in any escrow account under this section on the last day of the Congress involved. (2) Requiring Amounts to be Used for Deficit Reduction Any amounts transferred to the Secretary of the Treasury under paragraph (1) shall be deposited in the Treasury and used for deficit reduction. (c) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Definitions In this section— (1) the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ); and (2) the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. 3. Withholding of pay of President and Vice President if Government shutdown occurs or public debt limit is reached (a) Holding Salaries in Escrow If during any pay period during a President’s or Vice President’s term of office a Government shutdown is in effect or the public debt limit is reached, the White House Office shall— (1) withhold from the payments otherwise required to be made with respect to the pay period for the compensation of the President or the Vice President an amount equal to the product of— (A) an amount equal to one day’s worth of pay under the annual rate of compensation of the President under 102 of title 3, United States Code, or the annual rate of salary of the Vice President under section 104 of title 3, United States Code (as the case may be), for the pay period; and (B) the number of 24-hour periods during which the Government shutdown is in effect or the public debt limit is reached (as the case may be) which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the White House Office with such assistance as may be necessary to enable the White House Office to carry out this section. (c) Transfer to Secretary of the Treasury at end of Term of Office (1) Transfer The White House Office shall transfer to the Secretary of the Treasury any amounts remaining in any escrow account under this section on the last day of the President’s or Vice President’s term of office involved. (2) Requiring Amounts to be Used for Deficit Reduction Any amounts transferred to the Secretary of the Treasury under paragraph (1) shall be deposited in the Treasury and used for deficit reduction. 4. Determinations (a) Government Shutdown For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. (b) Public Debt Limit For purposes of this Act, the public debt limit shall be considered to be reached if the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached.

https://www.govinfo.gov/content/pkg/BILLS-113hr3234ih/xml/BILLS-113hr3234ih.xml

113-hr-3235

I 113th CONGRESS 1st Session H. R. 3235 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the compensation of any Federal, State, or local employee furloughed due to a lapse in appropriations which began on or about October 1, 2013. 1. Compensation for furloughed employees (a) In general Any Federal employee or State or local employee furloughed due to a lapse in appropriations (from the Treasury of the United States) which began on or about October 1, 2013, shall be compensated at such employee’s standard rate of compensation, for the period of such lapse in appropriations, as soon as practicable after such lapse in appropriations ends. (b) Definitions For purposes of this Act— (1) the term Federal employee means an employee as defined by section 2105 of title 5, United States Code; (2) the term State or local employee means an individual employed by the government of a State, municipality, or other political subdivision of a State, or by the government of the District of Columbia, whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States; and (3) the term State means a State or territory or possession of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3235ih/xml/BILLS-113hr3235ih.xml

113-hr-3236

I 113th CONGRESS 1st Session H. R. 3236 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Schrader (for himself and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce the annual rate of pay of Members of Congress if a Government shutdown occurs during a year, and for other purposes. 1. Short title This Act may be cited as the Hold Congress Accountable Act . 2. Requiring reduction of pay of Members of Congress if government shutdown occurs (a) Reduction of Pay for Each Day of Government Shutdown If on any day during a year a Government shutdown is in effect, the annual rate of pay applicable under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) with respect to each Member of Congress for the year shall be reduced by an amount equal to the product of— (1) an amount equal to one day’s worth of pay under such annual rate; and (2) the number of 24-hour periods during which the Government shutdown is in effect. (b) Effective date This section shall apply with respect to days occurring after the date of the regularly scheduled general election for Federal office held in November 2014. 3. Special rule for one hundred thirteenth congress (a) Holding Salaries in Escrow If on any day during the One Hundred Thirteenth Congress a Government shutdown is in effect, the payroll administrator of that House of Congress shall— (1) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of each Member of Congress who serves in that House of Congress an amount equal to the product of— (A) an amount equal to one day’s worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ); and (B) the number of 24-hour periods during which the Government shutdown is in effect which occur during the pay period; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Release of amounts at end of the Congress In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (c) Role of secretary of the treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Payroll administrator defined In this section, the payroll administrator of a House of Congress means— (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (e) Exception for Days Occurring After General Election This section does not apply with respect to any day during the One Hundred Thirteenth Congress which occurs after the date of the regularly scheduled general election for Federal office held in November 2014. 4. Determination of Government shutdown For purposes of this Act, a Government shutdown shall be considered to be in effect if there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution. 5. Member of Congress defined In this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3236ih/xml/BILLS-113hr3236ih.xml

113-hr-3237

I 113th CONGRESS 1st Session H. R. 3237 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Stutzman introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Pay Our Military Act to provide funds for the operations of the National Guard. 1. Short title This Act may be cited as the Guard Appropriation Restoration During Shutdown Act or GARDS Act . 2. Continuing appropriations to cover National Guard personnel and operational costs Section 2 of the Pay Our Military Act (HR 3210 of the 113th Congress) is amended— (1) in subsection (a)(1), by inserting before the semicolon the following: or, in the case of members of the National Guard, who perform inactive-duty training or other service during such period for which the members would otherwise be entitled to pay and allowances ; (2) in subsection (a)(2), by inserting before the semicolon the following: or, without regard to any such determination, are civilian personnel of the National Guard, including military technicians (dual status) ; and (3) by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection: (b) National Guard operations There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect, such sums as are necessary to provide for the operation and maintenance of the National Guard, including necessary sums to prevent any interruption or delay in the performance by the National Guard of domestic disaster relief and recovery operations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3237ih/xml/BILLS-113hr3237ih.xml

113-hr-3238

V 113th CONGRESS 1st Session H. R. 3238 IN THE HOUSE OF REPRESENTATIVES October 2, 2013 Mr. Gutiérrez introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Simeon Simeonov, Stela Simeonova, Stoyan Simeonov, and Vania Simeonova. 1. Permanent resident status for Simeon Simeonov, Stela Simeonova, Stoyan Simeonov, and Vania Simeonova (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Simeon Simeonov, Stela Simeonova, Stoyan Simeonov, and Vania Simeonova shall each 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 Simeon Simeonov, Stela Simeonova, Stoyan Simeonov, or Vania Simeonova enters the United States before the filing deadline specified in subsection (c), he or she 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 Simeon Simeonov, Stela Simeonova, Stoyan Simeonov, and Vania Simeonova, the Secretary of State shall instruct the proper officer to reduce by 4, 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 aliens’ 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 aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Simeon Simeonov, Stela Simeonova, Stoyan Simeonov, and Vania Simeonova 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-113hr3238ih/xml/BILLS-113hr3238ih.xml

113-hr-3239

I 113th CONGRESS 1st Session H. R. 3239 IN THE HOUSE OF REPRESENTATIVES October 3, 2013 Mr. Cassidy (for himself, Mr. Tiberi , Mr. Farenthold , Mr. Collins of Georgia , Mr. Buchanan , Mr. Nugent , Mr. Reichert , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on Appropriations A BILL Making automatic continuing appropriations for the continuation of FBI emergency and critical training programs in the event of a Government shutdown. 1. Automatic continuing appropriations for the continuation of FBI emergency and critical training programs (a) In general There are hereby appropriated for fiscal year 2014, for any period during which a joint resolution or other Act making appropriations for commerce, justice, science, and related agencies is not in effect, such sums as may be necessary to continue emergency training and critical training by the Federal Bureau of Investigation, at a rate for operations as provided for such purpose by Public Law 113–6 (as reduced by the Presidential sequestration order dated March 1, 2013). (b) Definitions In this section: (1) Emergency training The term emergency training means training of new employees in positions that have been designated as emergency . (2) Critical training The term critical training means training of State and local officers, training for international law enforcement officers occurring in the United States, and training of international law enforcement officers abroad (such as the training of officers who will be working in a combat zone) that is deemed necessary in order to protect human life or property. 2. Treatment of expenditures at end of automatic Continuing Resolution period Expenditures made available pursuant to this Act shall be charged to the applicable appropriation whenever a regular or continuing appropriations Act described in section 1 is enacted into law.

https://www.govinfo.gov/content/pkg/BILLS-113hr3239ih/xml/BILLS-113hr3239ih.xml

113-hr-3240

I 113th CONGRESS 1st Session H. R. 3240 IN THE HOUSE OF REPRESENTATIVES October 3, 2013 Mr. Pittenger (for himself and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To instruct the Comptroller General of the United States to study the impact of Regulation D, and for other purposes. 1. Short title This Act may be cited as the Regulation D Study Act . 2. Government Accountability Office study (a) Study The Comptroller General of the United States shall conduct a comprehensive study on the impact on depository institutions, consumers, and monetary policy of the requirement that depository institutions maintain reserves in accordance with subsections (b) and (c) of section 19 of the Federal Reserve Act ( 12 U.S.C. 461 ) and Regulation D (12 C.F.R. 204). (b) Matters To be studied In conducting the study under this section, the Comptroller General shall include the following: (1) An historic review of how the Board of Governors of the Federal Reserve System has used reserve requirements to conduct United States monetary policy, including information on how and when the Board of Governors has changed the required reserve ratio. (2) The impact of the maintenance of reserves on depository institutions, including the operational requirements and associated costs. (3) The impact on consumers in managing their accounts, including the costs and benefits of the reserving system. (4) Alternatives the Board of Governors may have to the maintenance of reserves to effect monetary policy. (c) Consultation In conducting the study under this section, the Comptroller General shall consult with credit unions and community banks. (d) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing— (1) the results of the study conducted pursuant to this section; and (2) any recommendations based on such study.

https://www.govinfo.gov/content/pkg/BILLS-113hr3240ih/xml/BILLS-113hr3240ih.xml

113-hr-3241

I 113th CONGRESS 1st Session H. R. 3241 IN THE HOUSE OF REPRESENTATIVES October 3, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland , Mr. Broun of Georgia , Mr. Gingrey of Georgia , Mr. Woodall , Mr. Collins of Georgia , Mr. Brooks of Alabama , Mrs. Ellmers , Mrs. Roby , Mr. Denham , Mr. Graves of Georgia , Mr. Turner , and Mrs. Hartzler ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Pay Our Military Act to provide for continuing appropriations for defense civilian personnel (including military technicians (dual status)) and members of the reserve components of the Armed Forces performing inactive-duty training. 1. Short title This Act may be cited as the Pay our Guardsmen and Civilian Defense Personnel Act . 2. Continuing appropriations for employees of Department of Defense and reserve component personnel Section 2(a) of the Pay Our Military Act (H.R. 3210 of the 113th Congress) is amended— (1) in paragraph (1), by inserting or inactive-duty training (as those terms are defined in section 101(d) of such title) after active service ; and (2) in paragraph, (2) by striking whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1) and inserting , including all military technicians (dual status) .

https://www.govinfo.gov/content/pkg/BILLS-113hr3241ih/xml/BILLS-113hr3241ih.xml

113-hr-3242

I 113th CONGRESS 1st Session H. R. 3242 IN THE HOUSE OF REPRESENTATIVES October 3, 2013 Ms. Titus 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 election to treat the cost of qualified film and television productions as an expense which is not chargeable to capital account. 1. Two-year extension of special expensing rules for certain film and television productions (a) In general Subsection (f) of section 181 of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Effective date The amendment made by this section shall apply to productions commencing after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3242ih/xml/BILLS-113hr3242ih.xml

113-hr-3243

I 113th CONGRESS 1st Session H. R. 3243 IN THE HOUSE OF REPRESENTATIVES October 4, 2013 Ms. Esty introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide support for K–12 teacher professional development programs at the National Science Foundation and the Department of Education in the areas of science, technology, engineering, and mathematics education, and for other purposes. 1. Short title This Act may be cited as the Supporting Teachers and Enhancing Manufacturing (STEM) Jobs Act of 2013 . 2. Findings The Congress finds the following: (1) There is broad consensus that increasing the number and quality of workers in STEM fields is critical to maintaining United States economic leadership and global competitiveness. (2) Scientific innovation has produced approximately half of all United States economic growth since 1950. (3) Due to shortages of skilled workers, approximately 600,000 United States manufacturing jobs remained vacant in 2011. (4) Over the past 10 years, growth in STEM jobs in the United States was three times greater than that of non-STEM jobs. Additionally, STEM jobs are forecasted to grow at an even faster rate in the next decade. (5) United States employees in STEM fields earn higher wages, receiving 26 percent more on average than their non-STEM counterparts. (6) Employment in engineering fields is expected to grow by 11 percent by 2018. Among individuals holding undergraduate degrees, engineers earn some of the highest starting salaries on average. (7) Employment in computer systems design and related services, which is dependent on high-level math and problem-solving skills, is projected to grow by 45 percent by 2018. (8) In 2008, 31 percent of United States college graduates majored in science or engineering fields, as opposed to 61 percent of graduates in Japan and 51 percent of graduates in China. (9) In 2011, the World Economic Forum ranked the United States 48th in quality of mathematics and science K–12 teacher instruction. (10) Recent reports on standardized testing show that students in the United States perform average or below average in mathematics and science as compared to their international peers. (11) In 2011, only 45 percent of United States high school graduates were ready for college-level math, and only 30 percent were ready for college-level science. (12) In 2007, 33 percent of public middle school science teachers and 36 public of public middle school math teachers either did not have a college degree in the subject or were not certified to teach the subject. (13) United States teachers generally spent more time in the classroom with students and less time on professional development than their counterparts in top-performing countries. (14) United States teachers cite inadequate support from administrators on curriculum development as one of the top reasons for leaving their jobs. (15) Exposure to projects and problem-based learning give high school students the skills that they need to be successful in engineering undergraduate and graduate programs of study as well as future careers. 3. National Science Foundation master teaching fellowships track The National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n et seq. ) is amended by inserting after section 10A the following: 10B. National science foundation teaching fellowships and master teaching fellowships (a) In general (1) Grants (A) In general As part of the Robert Noyce Teacher Scholarship Program established under section 10, the Director shall establish a separate program to award grants to eligible entities to enable such entities to administer fellowships in accordance with this section. (B) Definitions The terms used in this section have the meanings given the terms in section 10. (2) Fellowships Fellowships under this section shall be available only to— (A) science, technology, engineering, or mathematics professionals, who shall be referred to as National Science Foundation Teaching Fellows and who, in the first year of the fellowship, are enrolled in a master’s degree program leading to teacher certification or licensing; and (B) mathematics and science elementary and secondary school teachers, who shall be referred to as National Science Foundation Master Teaching Fellows , and who possess a master’s degree in their field or who do not possess a master’s degree in education and/or their respective field but possess potential to become highly effective mathematics and science teachers and leaders in their respective schools. (b) Eligibility In order to be eligible to receive a grant under this section, an eligible entity shall enter into a partnership that— (1) shall include— (A) not less than 1 high need local educational agency and a public school or a consortium of public schools served by the agency; (B) a department within an institution of higher education participating in the partnership that provides an advanced program of study in mathematics and science; and (C) (i) a school or department within an institution of higher education participating in the partnership that provides a teacher preparation program; or (ii) a 2-year institution of higher education that has a teacher preparation offering or a dual enrollment program with an institution of higher education participating in the partnership; and (2) may include 1 or more nonprofit organizations that have a demonstrated record of capacity to provide expertise or support to meet the purposes of this section. (c) Use of grants Grants awarded under this section shall be used by the eligible entity (and participating institutions of higher education of the consortium, if applicable) to develop and implement a program for National Science Foundation Teaching Fellows or National Science Foundation Master Teaching Fellows, through— (1) administering fellowships in accordance with this section, including providing teaching fellowship salary supplements; (2) in the case of National Science Foundation Teaching Fellowships— (A) offering academic courses and clinical teaching experiences leading to a master’s degree and designed to prepare individuals to teach in elementary schools and secondary schools, including such preparation as is necessary to meet the requirements for certification or licensing; and (B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields; and (3) in the case of National Science Foundation Master Teaching Fellowships— (A) in the case of fellows who have a master’s degree in education or in their respective field— (i) offering academic courses and leadership training to prepare individuals to become master teachers in elementary schools and secondary schools; and (ii) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields; and (B) in the case of fellows who do not have a master’s degree in education or in their respective field— (i) offering academic courses for individuals to earn a master’s degree; (ii) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, and induction, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields; and (iii) offering professional development programs that provide for continuous followup training during the academic year that may include— (I) an online forum that may include— (aa) a discussion forum for Master fellows to share best practices with other fellows; and (bb) a question and answer forum for Master fellows to ask questions of faculty from the institution of higher education or any other member of the partnership; (II) a summer workshop training of no less than 2 weeks; and (III) direct interaction with faculty throughout the year. . 4. Teacher and principal training and recruiting fund Sections 2101, 2012, and 2013 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 , 6602, 6603) are amended to read as follows: 2101. Purpose The purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for higher education, and eligible partnerships that may include nonprofit organizations or private corporations in order to— (1) increase student academic achievement through strategies such as improving teacher and principal quality and increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals in schools; and (2) hold local educational agencies and schools accountable for improvements in student academic achievement. 2102. Definitions In this part: (1) Arts and sciences The term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subjects in which teachers teach; and (B) when referring to a specific academic subject, the disciplines or content areas in which an academic major is offered by an organizational unit described in subparagraph (A). (2) Charter school The term charter school has the meaning given the term in section 5210. (3) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) (i) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and (B) (i) for which there may be a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there may be a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (4) Highly qualified paraprofessional The term highly qualified paraprofessional means a paraprofessional who has not less than 2 years of— (A) experience in a classroom; and (B) postsecondary education or demonstrated competence in a field or academic subject for which there is a significant shortage of qualified teachers. (5) Out-of-field teacher The term out-of-field teacher means a teacher who is teaching an academic subject or a grade level for which the teacher is not highly qualified. (6) Principal The term principal includes an assistant principal. 2103. Authorizations of appropriations (a) Grants to States, local educational agencies, and eligible partnerships There are authorized to be appropriated to carry out this part (other than subpart 5) $3,175,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) National programs There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. . 5. Mathematics and science partnerships Part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6661 et seq. ) is amended to read as follows: B Mathematics and Science Partnerships 2201. Purposes; definitions (a) Purpose The purpose of this part is to improve the academic achievement of students in the areas of mathematics and science by encouraging State educational agencies, institutions of higher education, local educational agencies, elementary schools, and secondary schools to participate in programs that— (1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting, training, and advising mathematics and science teachers; (2) focus on the education of mathematics and science teachers as a career-long process that continuously stimulates teachers intellectual growth and upgrades teachers knowledge and skills in order to better retain good teachers; (3) bring mathematics and science teachers in elementary schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers to foster relationships and improve such teachers’ teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education are better able to provide than the elementary schools and secondary schools; (4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for postsecondary study and careers in engineering, mathematics, and science; and (5) improve and expand training of mathematics and science teachers, including training such teachers in the effective integration of technology and project-based learning units into curricula and instruction. (b) Definitions In this part: (1) Eligible partnership The term eligible partnership means a partnership that— (A) shall include— (i) if grants are awarded under section 2202(a)(1), a State educational agency; (ii) an engineering, mathematics, or science department of an institution of higher education; and (iii) a high-need local educational agency; and (B) may include— (i) another engineering, mathematics, science, or teacher training department of an institution of higher education; (ii) additional local educational agencies, public charter schools, public or private elementary schools or secondary schools, or a consortium of such schools; (iii) a business; or (iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of mathematics and science teachers. (2) Summer workshop or institute The term summer workshop or institute means a workshop or institute, conducted during the summer, that— (A) is conducted for a period of not less than 2 weeks; (B) includes, as a component, a program that provides direct interaction between teachers and faculty from institution of higher education; (C) provides for followup training during the academic year that is conducted in the classroom with direct interaction with partnership participants for a period of not less than 3 consecutive or nonconsecutive days, except that if the followup training is for teachers in rural school districts, the followup training may be conducted entirely through distance learning; and (D) may provide for continuous followup training during the academic year that is conducted via an online forum that may include— (i) a discussion forum for teachers to share best practices; and (ii) a question and answer forum for teachers to ask questions of any other member of the partnership. 2202. Grants for mathematics and science partnerships (a) Authorized activities An eligible partnership shall use funds provided under this part for one or more of the following activities related to elementary schools or secondary schools: (1) Creating opportunities for enhanced and ongoing professional development of mathematics and science teachers that improves the subject matter knowledge of such teachers. (2) Promoting strong teaching skills for mathematics and science teachers and teacher educators, including integrating reliable scientifically based research teaching methods and technology-based teaching methods into the curriculum. (3) Establishing and operating mathematics and science summer workshops or institutes, including followup training, for elementary school and secondary school mathematics and science teachers that— (A) shall— (i) directly relate to the curriculum and academic areas in which the teacher provides instruction, and focus only secondarily on pedagogy; (ii) enhance the ability of the teacher to understand and use the challenging State academic content standards for mathematics and science and to select appropriate curricula; and (iii) train teachers to use curricula that— (I) are based on scientific research; (II) align with challenging State academic content standards; (III) incorporate project-based learning techniques; and (IV) are object-centered, experiment-oriented, and concept- and content-based; and (B) may include— (i) programs that provide teachers and prospective teachers with opportunities to work under the guidance of experienced teachers and college faculty; (ii) instruction in the use of data and assessments to inform and instruct classroom practice; and (iii) professional development activities, including supplemental and followup activities, such as curriculum alignment, distance learning, and activities that train teachers to utilize technology in the classroom. (4) Recruiting and retaining quality mathematics, engineering, and science majors to teaching through the use of— (A) signing and performance incentives that are linked to activities proven effective in retaining teachers, or for recruiting individuals with demonstrated professional experience in mathematics, engineering, or science into teaching; (B) stipends provided to mathematics and science teachers for certification through alternative routes; (C) scholarships for teachers to pursue advanced course work in mathematics, engineering, or science; and (D) other programs that the State educational agency determines to be effective in recruiting and retaining individuals with strong mathematics, engineering, or science backgrounds. (5) Developing or redesigning more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for postsecondary study in mathematics and science. (6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative, content-based, and based on scientifically based research that is current as of the date of the program involved. (7) Designing programs to prepare a mathematics or science teacher at a school to provide professional development to other mathematics or science teachers at the school and to assist beginning and other teachers at the school, including (if applicable) a mechanism to integrate the teacher’s experiences from a summer workshop or institute into the provision of professional development and assistance. (8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists, mathematicians, and engineers, to expand such teachers’ subject matter knowledge of and research in science and mathematics. (9) Designing programs to identify and develop exemplary mathematics and science teachers in the kindergarten through grade 8 classrooms. (10) Training mathematics and science teachers and developing programs to encourage young women and other underrepresented individuals in mathematics and science careers (including engineering and technology) to pursue postsecondary degrees in majors leading to such careers. (b) Evaluation and accountability plan (1) In general Each eligible partnership receiving a grant or subgrant under this part shall develop an evaluation and accountability plan for activities assisted under this part that includes rigorous objectives that measure the impact of activities funded under this part. (2) Contents The plan developed pursuant to paragraph (1)— (A) shall include measurable objectives to increase the number of mathematics and science teachers who participate in content-based professional development activities; (B) shall include measurable objectives for improved student academic achievement on State mathematics and science assessments or, where applicable, an International Mathematics and Science Study assessment; and (C) may include objectives and measures for— (i) increased participation by students in advanced courses in mathematics and science; and (ii) increased percentages of elementary and secondary school teachers with academic majors or minors, or group majors or minors, in mathematics, engineering, or the sciences. (c) Report Each eligible partnership receiving a grant or subgrant under this part shall report annually to the Secretary regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the partnership under subsection (b). 2203. Authorization of appropriations There are authorized to be appropriated to carry out this part $450,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. . 6. Special rule relating to subgrants to eligible partnerships Section 2132(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6632(c) ) is amended by striking 50 and inserting 75 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3243ih/xml/BILLS-113hr3243ih.xml

113-hr-3244

I 113th CONGRESS 1st Session H. R. 3244 IN THE HOUSE OF REPRESENTATIVES October 4, 2013 Ms. Esty introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the National Institute of Standards and Technology Act to provide support for organizations to promote the Manufacturing Skills Certification System. 1. Short title; findings (a) Short title This Act may be cited as the First STEP Act or the Supporting Training for Employment Potential Act . (b) Findings Congress finds the following: (1) Manufacturing has been the backbone of the Nation’s economy for more than a century. (2) In 2012, manufacturers contributed $1.87 trillion to the economy. (3) More than 12 million workers are employed in the manufacturing sector. (4) In many sectors there is a pronounced shift to high-skilled manufacturing jobs, and potential employees must possess high-level skills in order to compete in the job market. (5) In 2011, President Obama announced an expansion of the Manufacturing Skills Certification System as a part of the Skills for America’s Future Program. The Manufacturing Skills Certification System is a collaborative effort between private industry and the National Institute of Standards and Technology to create manufacturing credentials that would be universally recognizable. The credential program was designed by the Manufacturing Institute, a non-profit arm of the National Association of Manufacturers. Since its inception in 2011 more than 173,000 certifications have been issued. (6) Centers across the country, such as the Connecticut Center for Advanced Technology, have been working diligently to educate employers about the value of credentials, as well as working with local education centers to promote these credentials. These centers bridge the gap between employers and potential employees and assist in the creation and retention of jobs, and highlight the importance of supporting and patronizing local manufacturers and businesses. 2. Manufacturing Skills Certification System The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended— (1) by inserting after section 25 the following new section: 25A. Promotion of the Manufacturing Skills Certification System In addition to the Centers program created under section 25, the Secretary, through the Director, and if appropriate, through other officials, shall provide support and assistance to programs throughout the United States in order to help those programs promote the Manufacturing Skills Certification System, including by— (1) promoting collaboration between community colleges, technical schools and local businesses to help such colleges and schools to better understand the specific needs of businesses, and businesses to better understand the skill sets that students learn in the programs offered by such colleges and schools; (2) educating businesses and students about the value of universally recognized credential programs and ultimately lead to apprenticeship opportunities; (3) providing support and assistance for programs within states looking to implement the Manufacturing Skills Certification System; and (4) providing support and assistance for programs to collaborate with one another at a national level. ; and (2) in section 25(f)(10) ( 15 U.S.C. 278k(f)(10) ), by striking 2011 through 2013 and inserting 2014 through 2016 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3244ih/xml/BILLS-113hr3244ih.xml

113-hr-3245

I 113th CONGRESS 1st Session H. R. 3245 IN THE HOUSE OF REPRESENTATIVES October 4, 2013 Mr. Matheson (for himself and Mr. Guthrie ) 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 establish a maximum threshold for episode reimbursement to skilled home health agencies under Medicare. 1. Short title This Act may be cited as the Medicare Home Health Fraud Reduction Act . 2. Establishment of maximum threshold for episode reimbursement to skilled home health agencies under Medicare Section 1895(b) of the Social Security Act ( 42 U.S.C. 1395fff(b) ) is amended by adding at the end the following new paragraph: (7) Episode utilization rate (A) Payment limitation For 2014 and each subsequent year, payment may not be made to a skilled home health agency under this section for an episode of care to the extent that such episode exceeds the applicable episode utilization limit established under subparagraph (B) for the agency for the year. (B) Applicable episode utilization limit (i) In general For 2014 and each subsequent year, the Secretary shall establish an episode utilization limit for a skilled home health agency that is equal to the product of— (I) in the case of a skilled home health agency located in— (aa) a rural area, 3.3 episodes; and (bb) in an area not described in item (aa), 2.7 episodes; and (II) the total number of Medicare beneficiaries for the skilled home health agency (as defined in clause (iii)). (ii) Episode defined For purposes of this paragraph, the term episode has the meaning given such term for purposes of section 484.205 of title 42, Code of Federal Regulations (as in effect on October 1, 2011) and includes partial episodes for which a partial episode payment is made pursuant to such section to the extent such partial episode is a percentage of a full episode. (iii) Total number of medicare beneficiaries defined (I) In general For purposes of clause (i)(II), the term total number of Medicare beneficiaries means, with respect to a skilled home health agency and year, the total number of unduplicated individuals who were furnished home health services under this title in the year by the agency. (II) Special rule In calculating the total number of Medicare beneficiaries under subclause (I), in any case where an individual is furnished skilled home health care services from more than one agency, the number of such individuals being counted toward the applicable episode utilization limit for each such agency shall be proportionally credited in an amount equal to the percentage of the total number of episodes provided by the agency. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3245ih/xml/BILLS-113hr3245ih.xml

113-hr-3246

I 113th CONGRESS 1st Session H. R. 3246 IN THE HOUSE OF REPRESENTATIVES October 4, 2013 Mr. Turner introduced the following bill; which was referred to the Committee on Appropriations , 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 amend the Pay Our Military Act to ensure that all civilian and contractor employees of the Department of Defense and the Coast Guard are paid in the event of a Government shutdown. 1. Short title This Act may be cited as the Support Our Department of Defense Civilian Employees Act . 2. Continuing appropriations for employees and contractors of Department of Defense and reserve component personnel (a) Sense of Congress It is the sense of Congress that all civilian employees and contractors of the Department of Defense and the Coast Guard serve to provide support to members of the Armed Forces. (b) Amendments To Pay Our Military Act Subsection (a) of section 2 of the Pay Our Military Act (HR 3210 of the 113th Congress) is amended— (1) in paragraph (2)— (A) by striking the civilian personnel and inserting all civilian personnel ; and (B) by striking whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1) ; and (2) in paragraph (3)— (A) by striking pay and allowances to and inserting compensation to all employees of ; and (B) by striking whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1) . (c) Treatment of previously furloughed employees Subsection (b) of such section is amended to read as follows: (b) Treatment of previously furloughed employees (1) In general Notwithstanding any other provision of law, the Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard) shall ensure that all personnel described in paragraph (2) are treated as retained or excepted status, as those terms are used in the Office of Management and Budget Circular A–11, during the period for which continuing appropriations are made available pursuant to subsection (a), effective as of the date of the enactment of the Support Our Department of Defense Civilian Employees Act. (2) Personnel described Personnel described in this paragraph are civilian personnel of the Department of Defense or the Coast Guard that the Secretary of Defense (or the Secretary of Homeland Security with respect to the Coast Guard) determined were not in retained or excepted status, as those terms are used in the Office of Management and Budget Circular A–11, at any time during the period beginning on October 1, 2013, and ending on the date of the enactment of the Support Our Department of Defense Civilian Employees Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3246ih/xml/BILLS-113hr3246ih.xml

113-hr-3247

I 113th CONGRESS 1st Session H. R. 3247 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 30 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3247ih/xml/BILLS-113hr3247ih.xml

113-hr-3248

I 113th CONGRESS 1st Session H. R. 3248 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 60 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3248ih/xml/BILLS-113hr3248ih.xml

113-hr-3249

I 113th CONGRESS 1st Session H. R. 3249 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 90 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3249ih/xml/BILLS-113hr3249ih.xml

113-hr-3250

I 113th CONGRESS 1st Session H. R. 3250 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 120 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3250ih/xml/BILLS-113hr3250ih.xml

113-hr-3251

I 113th CONGRESS 1st Session H. R. 3251 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 150 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3251ih/xml/BILLS-113hr3251ih.xml

113-hr-3252

I 113th CONGRESS 1st Session H. R. 3252 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 180 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3252ih/xml/BILLS-113hr3252ih.xml

113-hr-3253

I 113th CONGRESS 1st Session H. R. 3253 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 210 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3253ih/xml/BILLS-113hr3253ih.xml

113-hr-3254

I 113th CONGRESS 1st Session H. R. 3254 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 240 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3254ih/xml/BILLS-113hr3254ih.xml

113-hr-3255

I 113th CONGRESS 1st Session H. R. 3255 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Appropriations A BILL Making continuing appropriations for all departments and agencies of the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Fiscal Sanity Act for Appropriations . 2. Continuing appropriations There is hereby appropriated for 270 days after the date of enactment of this Act— (1) for each project or activity for which budget authority was provided in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ), an amount equal to the budget authority provided in such Act, as reduced pursuant to the Presidential sequestration order dated March 1, 2013, to remain available for a comparable period of availability; and (2) for entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, such amounts as may be necessary to maintain program levels as they existed on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3255ih/xml/BILLS-113hr3255ih.xml