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113-hr-3256 | I 113th CONGRESS 1st Session H. R. 3256 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 300 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-113hr3256ih/xml/BILLS-113hr3256ih.xml |
113-hr-3257 | I 113th CONGRESS 1st Session H. R. 3257 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 330 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-113hr3257ih/xml/BILLS-113hr3257ih.xml |
113-hr-3258 | I 113th CONGRESS 1st Session H. R. 3258 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 365 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-113hr3258ih/xml/BILLS-113hr3258ih.xml |
113-hr-3259 | I 113th CONGRESS 1st Session H. R. 3259 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 30 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3259ih/xml/BILLS-113hr3259ih.xml |
113-hr-3260 | I 113th CONGRESS 1st Session H. R. 3260 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 60 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3260ih/xml/BILLS-113hr3260ih.xml |
113-hr-3261 | I 113th CONGRESS 1st Session H. R. 3261 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 90 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3261ih/xml/BILLS-113hr3261ih.xml |
113-hr-3262 | I 113th CONGRESS 1st Session H. R. 3262 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 120 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3262ih/xml/BILLS-113hr3262ih.xml |
113-hr-3263 | I 113th CONGRESS 1st Session H. R. 3263 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 150 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3263ih/xml/BILLS-113hr3263ih.xml |
113-hr-3264 | I 113th CONGRESS 1st Session H. R. 3264 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 180 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3264ih/xml/BILLS-113hr3264ih.xml |
113-hr-3265 | I 113th CONGRESS 1st Session H. R. 3265 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 210 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3265ih/xml/BILLS-113hr3265ih.xml |
113-hr-3266 | I 113th CONGRESS 1st Session H. R. 3266 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 240 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3266ih/xml/BILLS-113hr3266ih.xml |
113-hr-3267 | I 113th CONGRESS 1st Session H. R. 3267 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 270 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3267ih/xml/BILLS-113hr3267ih.xml |
113-hr-3268 | I 113th CONGRESS 1st Session H. R. 3268 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 300 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3268ih/xml/BILLS-113hr3268ih.xml |
113-hr-3269 | I 113th CONGRESS 1st Session H. R. 3269 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 330 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3269ih/xml/BILLS-113hr3269ih.xml |
113-hr-3270 | I 113th CONGRESS 1st Session H. R. 3270 IN THE HOUSE OF REPRESENTATIVES October 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL Eliminating the debt ceiling for a period defined, and for other purposes.
1. Short title This Act may be cited as the Fiscal Sanity Act for the National Debt . 2. Nonapplicability of debt ceiling 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 365 days thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr3270ih/xml/BILLS-113hr3270ih.xml |
113-hr-3271 | I 113th CONGRESS 1st Session H. R. 3271 IN THE HOUSE OF REPRESENTATIVES October 7, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Appropriations , 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 Making continuing appropriations for the compensation of Federal employees and certain military personnel in the event of a Government shutdown, and for other purposes.
1. Short title This Act may be cited as the Military and Federal Civilian Employee Pay Act . 2. Continuing appropriations for Federal employees and certain military personnel (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 the pay and allowances for— (1) Federal employees; (2) 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; (3) the commissioned corps of the Public Health Service; and (4) the commissioned corps of the National Oceanic and Atmospheric Administration. (b) Back pay for furloughed individuals Any individual who will receive pay and allowances under subsection (a) but who was furloughed as a result of any lapse in appropriations which begins on or about October 1, 2013, and ending on the date of enactment of this Act 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. 3. Reconciliation of expenditures Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. 4. Termination No part of any appropriation contained in this Act shall remain available for obligation beyond September 30, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3271ih/xml/BILLS-113hr3271ih.xml |
113-hr-3272 | I 113th CONGRESS 1st Session H. R. 3272 IN THE HOUSE OF REPRESENTATIVES October 7, 2013 Ms. Norton 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 certain tax incentives for investment in the District of Columbia.
1. Short title This Act may be cited District of Columbia Incentives for Business and Individual Investment Act . 2. Extension of certain tax incentives for investment in the District of Columbia (a) In general Subsection (f) of section 1400 of the Internal Revenue Code of 1986 is amended by striking December 31, 2011 each place it appears and inserting December 31, 2015 . (b) Tax-Exempt DC empowerment zone bonds Subsection (b) of section 1400A of such Code is amended to read as follows: (b) Period of applicability This section shall apply to bonds issued— (1) during the period beginning on January 1, 1998, and ending on December 31, 2011, and (2) during the period beginning on the date of the enactment of this paragraph and ending on December 31, 2015. . (c) Zero-Percent capital gains rate (1) Acquisition date Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) of such Code are each amended by striking January 1, 2012 and inserting January 1, 2016 . (2) Limitation on period of gains (A) In general Paragraph (2) of section 1400B(e) of such Code is amended— (i) by striking December 31, 2016 and inserting December 31, 2020 ; and (ii) by striking 2016 in the heading and inserting 2020 . (B) Partnerships and S-corps Paragraph (2) of section 1400B(g) of such Code is amended by striking December 31, 2016 and inserting December 31, 2020 . (d) First-Time homebuyer credit Subsection (i) of section 1400C of such Code is amended by striking January 1, 2012 and inserting January 1, 2016 . (e) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2011. (2) Tax-exempt DC empowerment zone bonds The amendment made by subsection (b) shall apply to bonds issued after the date of the enactment of this Act. (3) Acquisition dates for zero-percent capital gains rate The amendments made by subsection (c) shall apply to property acquired or substantially improved after December 31, 2011. (4) Homebuyer credit The amendment made by subsection (d) shall apply to homes purchased after December 31, 2011. | https://www.govinfo.gov/content/pkg/BILLS-113hr3272ih/xml/BILLS-113hr3272ih.xml |
113-hr-3274 | I 113th CONGRESS 1st Session H. R. 3274 IN THE HOUSE OF REPRESENTATIVES October 8, 2013 Mr. Barber (for himself, Mr. DeFazio , Mr. Vargas , Mr. Heck of Washington , Mr. Bishop of Georgia , Mr. Long , Mr. Gibson , Ms. Moore , Mr. Barletta , Ms. Duckworth , Mr. Gallego , Mr. O’Rourke , Mr. Barrow of Georgia , Mr. Kilmer , Mr. Bridenstine , Ms. Titus , Mr. Nolan , Mr. Michaud , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Pay Our Military Act to make appropriations available to continue the payment of a death gratuity and certain other death-related compensation in the event of the death of members of the Armed Forces and certain other persons who pass away during a Government shutdown.
1. Short title This Act may be cited as the Fallen Heroes and Families Assistance Act . 2. Emergency appropriation of funds to provide death gratuity and other compensation on behalf of deceased members of the Armed Forces and certain other persons during Government shutdown Section 2 of the Pay Our Military Act ( Public Law 113–39 ; 127 Stat. 532) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Continuation of death gratuity and funeral and other compensation 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 continue the following during such period: (1) The payment of a death gratuity under sections 1475–1477 and 1489 of title 10, United States Code. (2) The payment of pay and allowances due a member of the Armed Forces and unpaid at the time of the member’s death. (3) The payment or reimbursement for authorized funeral and burial expenses. (4) The payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services. (5) The continuation of a basic allowance of housing for dependents of members dying on active duty, as authorized by section 403(l) of title 37, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3274ih/xml/BILLS-113hr3274ih.xml |
113-hr-3275 | I 113th CONGRESS 1st Session H. R. 3275 IN THE HOUSE OF REPRESENTATIVES October 8, 2013 Mrs. Blackburn (for herself, Mr. Roe of Tennessee , Mr. Fitzpatrick , Mr. Wilson of South Carolina , Mrs. Roby , Mr. Murphy of Pennsylvania , and Mrs. Ellmers ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Pay Our Military Act to ensure that the allowances of members of the Armed Forces covered by such Act include military tuition assistance programs of the Department of Defense.
1. Continuing appropriations for military tuition assistance Section 2(a)(1) of the Pay Our Military Act (H.R. 3210 of the 113th Congress) is amended by inserting after pay and allowances the following: (including military tuition assistance) . | https://www.govinfo.gov/content/pkg/BILLS-113hr3275ih/xml/BILLS-113hr3275ih.xml |
113-hr-3276 | I 113th CONGRESS 1st Session H. R. 3276 IN THE HOUSE OF REPRESENTATIVES October 8, 2013 Mr. Foster (for himself and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on House Administration A BILL To prohibit the operation of an exercise facility for Members of the House of Representatives during a Government shutdown.
1. Short title This Act may be cited as the Shutdown Prioritization Act or the SPA Act . 2. Prohibiting operation of Member exercise facility during shutdown (a) Prohibition The Architect of the Capitol may not operate an exercise facility for Members of the House of Representatives during a Government shutdown. (b) Definitions In this Act— (1) 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; and (2) the term Members of the House of Representatives includes any Delegate or Resident Commissioner to the Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr3276ih/xml/BILLS-113hr3276ih.xml |
113-hr-3277 | I 113th CONGRESS 1st Session H. R. 3277 IN THE HOUSE OF REPRESENTATIVES October 8, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States voluntary contributions to the regular budget of the United Nations or any United Nations agency.
1. Prohibition on United States voluntary contributions to the United Nations and United Nations agencies (a) In general No funds made available to any Federal department or agency may be used to make United States voluntary contributions to the regular budget of the United Nations or any United Nations agency. (b) Effective date Subsection (a) applies with respect to funds made available for fiscal year 2014 and subsequent fiscal years. | https://www.govinfo.gov/content/pkg/BILLS-113hr3277ih/xml/BILLS-113hr3277ih.xml |
113-hr-3278 | I 113th CONGRESS 1st Session H. R. 3278 IN THE HOUSE OF REPRESENTATIVES October 8, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 77 of title 5, United States Code, to clarify certain due process rights of Federal employees serving in sensitive positions, and for other purposes.
1. Amendments Section 7701 of title 5, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: (k) (1) An employee or applicant for employment appealing an action arising from a determination of ineligibility for a sensitive position may not be denied Board review of the merits of such determination if— (A) the position is not one that requires a security clearance or access to classified information; and (B) such action is otherwise appealable. (2) For purposes of this subsection, the term sensitive position means any position so designated pursuant to Executive Order 10450 ( 5 U.S.C. 7311 note) or, if superseded, a successor Executive order. . 2. Effective date The amendments made by this Act shall apply to all appeals, without exception, that are pending on, or commenced on or after, the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3278ih/xml/BILLS-113hr3278ih.xml |
113-hr-3279 | I 113th CONGRESS 1st Session H. R. 3279 IN THE HOUSE OF REPRESENTATIVES October 9, 2013 Mr. Smith of New Jersey (for himself, Mrs. Black , Mr. Lipinski , Mrs. Hartzler , Mr. Franks of Arizona , Mrs. Blackburn , Mrs. Wagner , Ms. Foxx , Mrs. Bachmann , Ms. Ros-Lehtinen , Mr. Roe of Tennessee , Mr. Wolf , Mr. Salmon , Mr. Weber of Texas , Mr. Sessions , Mr. Jones , Mr. Conaway , Mr. Duncan of South Carolina , Mr. Griffin of Arkansas , Mr. Terry , Mr. Huelskamp , Mr. Boustany , Mr. Massie , Mr. Kelly of Pennsylvania , Mr. Bentivolio , Mr. Burgess , Mr. Kingston , Mr. Culberson , Mr. Aderholt , Mr. Olson , Mr. Fleming , Mr. Cole , Mr. Rothfus , Mr. Brady of Texas , Mr. Walberg , Mr. King of Iowa , Mr. Long , Mr. Lamborn , Mr. Bridenstine , Mr. Harper , Mr. Cotton , Mr. Crawford , Mr. Roskam , Mr. Gohmert , Mr. Rokita , Mr. Nunnelee , Mr. Chabot , Mr. Poe of Texas , Mr. Rogers of Kentucky , Mr. Fortenberry , Mr. Latta , Mr. Pearce , Mr. Huizenga of Michigan , Mr. Harris , Mr. Miller of Florida , Mr. Radel , Mr. Goodlatte , Mr. Benishek , Mr. Womack , Mr. Duncan of Tennessee , Mr. Gowdy , Mr. LaMalfa , Mr. Hultgren , Mr. Hall , Mr. Pittenger , Mr. Fincher , Mr. Rodney Davis of Illinois , Mr. Wenstrup , Mr. Fleischmann , Mr. Marchant , and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 1303(b)(3) of Public Law 111–148 concerning the notice requirements regarding the extent of health plan coverage of abortion and abortion premium surcharges.
1. Short title This Act may be cited as the Abortion Insurance Full Disclosure Act of 2013 . 2. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges (a) In general Paragraph (3) of section 1303(b) of Public Law 111–148 ( 42 U.S.C. 18023(b) ) is amended to read as follows: (3) Rules relating to notice (A) In general The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). (B) Separate disclosure of abortion surcharges In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately. . (b) Effective date The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3279ih/xml/BILLS-113hr3279ih.xml |
113-hr-3280 | I 113th CONGRESS 1st Session H. R. 3280 IN THE HOUSE OF REPRESENTATIVES October 9, 2013 Mr. Fleming (for himself and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lacey Act Amendments of 1981 to limit the application of such Act to certain imported plants and finished plant products, and for other purposes.
1. Short title This Act may be cited as the Lacey Act Clarifying Amendments Act of 2013 . 2. Treatment of plants and plant products under Lacey Act Amendments of 1981 Section 9 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3378 ) is redesignated as section 10, and the following is inserted after section 8: 9. Limitation on application to certain plants and plant products This Act does not apply with respect to— (1) any plant that was imported into the United States before May 22, 2008; or (2) any finished plant product the assembly and processing of which was completed before May 22, 2008. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3280ih/xml/BILLS-113hr3280ih.xml |
113-hr-3281 | I 113th CONGRESS 1st Session H. R. 3281 IN THE HOUSE OF REPRESENTATIVES October 9, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on the Judiciary A BILL To transfer criminal enforcement and investigative authority and functions of certain agencies to the Federal Bureau of Investigation.
1. Transfer of criminal enforcement and investigative authority and functions to the Federal Bureau of Investigation (a) Repeal of EPA powers Section 3063 of title 18, United States Code, is repealed. (b) Transfer of authority to FBI Notwithstanding any other provision of law, any criminal enforcement authority and functions and any criminal investigative authority and functions of the Environmental Protection Agency shall be transferred to the Director of the Federal Bureau of Investigation, except for any criminal enforcement authority and functions and any criminal investigative authority and functions delegated to State or local law enforcement. | https://www.govinfo.gov/content/pkg/BILLS-113hr3281ih/xml/BILLS-113hr3281ih.xml |
113-hr-3282 | I 113th CONGRESS 1st Session H. R. 3282 IN THE HOUSE OF REPRESENTATIVES October 10, 2013 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reauthorize the predisaster hazard mitigation program.
1. Predisaster hazard mitigation program Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(m) ) is amended to read as follows: (m) Authorization of appropriations There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2018. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3282ih/xml/BILLS-113hr3282ih.xml |
113-hr-3283 | I 113th CONGRESS 1st Session H. R. 3283 IN THE HOUSE OF REPRESENTATIVES October 10, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Homeland Security , 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 amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system to disseminate homeland security information and other information, and for other purposes.
1. Short title This Act may be cited as the Integrated Public Alert and Warning System Modernization Act of 2013 . 2. Findings Congress finds that— (1) numerous proven and tested technologies exist to enable the Federal Government to enhance its dissemination of public alerts and warnings; (2) the expected benefits of these enhancements include— (A) greater security, reliability, and redundancy of the Federal Government’s alert and warning capabilities; (B) rapid alert dissemination; (C) an improved ability to notify remote locations; and (D) the ability to geographically target and deliver alerts and warnings through multiple communication modes; (3) there is a need to test the viability of delivering messages through diverse communications modes to effectively alert and warn the public; (4) there is a need to modernize and improve the ability of the Federal Government to provide residents of the United States with timely and effective warnings; and (5) although significant Federal integration efforts are underway, the aggregation, dissemination, and reporting system necessary for effective public alert and warning will require an integrated national network for reliable, secure, and authentic dissemination of emergency alerts and warnings by Federal, State, local, and tribal entities that are authorized to issue alerts to the public. 3. national integrated public alert and warning system modernization (a) In general (1) Amendment Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. ) is amended by adding at the end of the following new section: 526. National integrated public alert and warning system modernization (a) In general In order to provide timely and effective warnings and disseminate homeland security information and other information, the Secretary shall, considering the recommendations of the advisory committee established under subsection (d), modernize and implement the national integrated public alert and warning system (in this section referred to as the public alert and warning system ). (b) Implementation requirements In carrying out subsection (a), the Secretary shall— (1) establish or adapt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (2) include in the public alert and warning system the capability to adapt the dissemination of homeland security information and other information and the content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (3) include in the public alert and warning system the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs; (4) ensure the conduct of training, tests, and exercises for the public alert and warning system, and that the system is incorporated into other training and exercise programs of the Department, as appropriate; (5) ensure that ongoing training, integrated into the National Incident Management System, for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to State, local, tribal, and other homeland security stakeholders involved in the transmission of such messages; (6) ensure that the public alert and warning system uses the National Terrorism Advisory System, including ensuring that the National Terrorism Advisory System participates in tests of the public alert and warning system; (7) conduct, at least once every 3 years, periodic nationwide tests of the public alert and warning system; and (8) consult, coordinate, and cooperate, to the extent practicable, with other Federal agencies and departments and with State, local, and tribal governments, the private sector, and other key stakeholders to leverage existing alert and warning capabilities. (c) System requirements The Secretary shall ensure that the system— (1) incorporates redundant and diverse modes to disseminate homeland security information and other information in warning messages to the public so as to reach the greatest number of individuals; (2) can be adapted to incorporate future technologies; (3) is resilient, secure, and can withstand acts of terrorism and other external attacks; (4) promotes State, local, tribal, and regional partnerships to enhance coordination; (5) is designed to provide alerts that are accessible to the largest portion of the affected population feasible, including nonresident visitors and tourists and individuals with disabilities and access and functional needs; (6) is designed to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts; and (7) includes mechanisms to ensure the protection of individual privacy. (d) Integrated public alert and warning system modernization advisory committee (1) Establishment Not later than 90 days after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2013 , the Secretary shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the Advisory Committee ). (2) Membership The Advisory Committee shall be composed of the following members: (A) The Chairman of the Federal Communications Commission (or the Chairman’s designee). (B) The Administrator of the National Oceanic and Atmospheric Administration (or the Administrator’s designee). (C) The Assistant Secretary for Communications and Information of the Department of Commerce (or the Assistant Secretary’s designee). (D) The Under Secretary for Science and Technology of the Department of Homeland Security. (E) The Director of the Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (F) The following members, to be appointed by the Secretary as soon as practicable after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2013 : (i) Representatives of State and local governments, representatives of emergency management agencies, representatives of emergency response providers, and representatives of emergency communication providers, selected from among individuals nominated by national organizations representing governments and personnel. (ii) Representatives from federally recognized Indian tribes and national Indian organizations. (iii) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of— (I) communications service providers; (II) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (III) third-party service bureaus; (IV) the broadcasting industry; (V) the cellular industry; (VI) the cable industry; (VII) the satellite industry; (VIII) national organizations representing individuals with disabilities and access and functional needs, and the elderly; and (IX) national organizations representing educational institutions, including higher education. (iv) Qualified representatives of such other stakeholders and interested and affected parties as the Secretary considers appropriate. (3) Chairperson The Secretary (or the Secretary’s designee) shall serve as the Chairperson of the Advisory Committee. (4) Meetings (A) Initial meeting The initial meeting of the Advisory Committee shall take place not later than 120 days after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2013 . (B) Other meetings After the initial meeting, the Advisory Committee shall meet, at least annually, at the call of the Chairperson. (C) Notice; open meetings Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (5) Rules The Advisory Committee may adopt such rules as are necessary to carry out its duties. (6) Consultation with nonmembers The Advisory Committee and the program office for the integrated public alert and warning system of the United States shall regularly meet with groups that are not represented on the Advisory Committee to consider new and developing technology that may be beneficial to the public alert and warning system, such as— (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (7) Recommendations The Advisory Committee shall develop and submit in the annual reports under paragraph (8) recommendations for the continuation and improvement of an integrated public alert and warning system, including— (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) an assessment of the accomplishments and deficiencies of the public alert and warning system, as well as the impact on current alert and warning systems; (C) recommendations for increasing participation in the system, particularly among elementary, secondary, and higher education institutions; and (D) recommendations for improvements to the system, including recommendations to provide for a public alert and warning system that— (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, multiple communication systems and technologies or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and access and functional needs and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) encourages proper use by State and local governments of the public alert and warning system through training programs and other means; (vi) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vii) promotes local and regional public and private partnerships to enhance community preparedness and response; (viii) promotes the participation of representatives from underserved and underrepresented communities, to ensure that alerts and warnings reach such populations; and (ix) provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. (8) Report Not later than 1 year after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2013 , and every year after, the Advisory Committee shall submit to the Secretary a report containing the recommendations of the Advisory Committee. (9) Federal Advisory Committee Act Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Advisory Committee. (e) Report Not later than 1 year after the date on which the system established under subsection (a) is fully functional and every six months thereafter, the Secretary 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 functionality and performance of the integrated public alert and warning system, including— (1) the findings of the most recent Advisory Committee report under subsection (d)(8); (2) an assessment of the accomplishments and deficiencies of the system; (3) recommendations for improvements to the system; and (4) information on the feasibility and effectiveness of disseminating homeland security information and other information, notices, and alerts prior to and following an incident requiring use of the system. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $13,400,000 for each of fiscal years 2014 and 2015. . (2) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such title the following: Sec. 526. National integrated public alert and warning system modernization. . (b) Limitation on statutory construction (1) In general Nothing in this Act (including the amendment made by this Act) shall be construed— (A) to affect the authority of the Department of Commerce, the authority of the Federal Communications Commission, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (B) to provide the Secretary of Homeland Security authority to require any action by the Federal Communications Commission, the Department of Commerce, or any nongovernment entity, or to affect any existing obligations of those entities; or (C) to apply to, or provide the Administrator of the Federal Emergency Management Agency any authority over, any participating commercial mobile service provider. (2) Participating commercial mobile service provider defined For purposes of this subsection, the term participating commercial mobile service provider has the same meaning as such term has in section 10.10(f) of title 47, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (c) Homeland security grants Section 2008(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a) ) is amended— (1) in paragraph (12), by striking and at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following new paragraph: (13) improving public alert and warning capabilities; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr3283ih/xml/BILLS-113hr3283ih.xml |
113-hr-3284 | I 113th CONGRESS 1st Session H. R. 3284 IN THE HOUSE OF REPRESENTATIVES October 10, 2013 Mr. Levin introduced the following bill; which was referred to the Committee on Ways and Means A BILL To ensure the complete and timely payment of the obligations of the United States Government until December 31, 2014.
1. Short title This Act may be cited as the Default Prevention Act of 2013 . 2. Ensuring timely payment Section 2 of the No Budget, No Pay Act of 2013 ( 31 U.S.C. 3101 note) is amended— (1) by striking date of the enactment of this Act each place it appears and inserting date of enactment of the Default Prevention Act of 2013 ; (2) in subsection (a), by striking May 18, 2013 and inserting December 31, 2014 ; and (3) in subsection (b), by striking May 19, 2013 each place it appears and inserting January 1, 2015 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3284ih/xml/BILLS-113hr3284ih.xml |
113-hr-3285 | I 113th CONGRESS 1st Session H. R. 3285 IN THE HOUSE OF REPRESENTATIVES October 11, 2013 Mr. Grimm (for himself, Mr. King of New York , Mr. Nunnelee , Mr. Hunter , Mr. Forbes , Mr. Kelly of Pennsylvania , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To make technical corrections to the Pay Our Military Act to include midshipmen at the United States Merchant Marine Academy, who are appointed as midshipmen in the Navy Reserve.
1. Continuing appropriations for midshipmen at the United States Merchant Marine Academy (a) In general Section 2 of the Pay Our Military Act ( Public Law 113–39 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting (including those specified in section 51311(b) of title 46, United States Code) after reserve components thereof ; and (B) in paragraph (2)— (i) by striking (and the Department and inserting (the Department ; (ii) by inserting and the Department of Transportation in the case of the United States Merchant Marine Academy after Coast Guard ; and (iii) by inserting or those in training for such service before the semicolon; and (2) in subsection (b)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the Secretary of Transportation with respect to matters concerning the United States Merchant Marine Academy. . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Pay Our Military Act ( Public Law 113–39 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3285ih/xml/BILLS-113hr3285ih.xml |
113-hr-3286 | I 113th CONGRESS 1st Session H. R. 3286 IN THE HOUSE OF REPRESENTATIVES October 11, 2013 Mr. Daines (for himself, Mr. Pearce , Mr. Gosar , Mr. Tipton , Mr. Cramer , Mr. Roe of Tennessee , Mr. McClintock , Mr. Franks of Arizona , Mr. Stewart , Mr. Chaffetz , Mr. Cook , Mr. Meadows , Mr. Westmoreland , Mr. Duncan of Tennessee , Mr. Bishop of Utah , Mr. Matheson , Mr. Smith of Missouri , and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Treasury to reimburse States that use State funds to operate National Parks during the Federal Government shutdown, and for other purposes.
1. Short title This Act may be cited as the Protecting States, Opening National Parks Act . 2. Reimbursement for costs to States to open National Parks to the public (a) In general Not later than 90 days after funds are made available, the Secretary of the Treasury, using funds in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of government for the fiscal year 2014, shall reimburse any State for activities described in subsection (b). (b) Activities eligible for reimbursement The Secretary of the Treasury shall reimburse States under subsection (a) for State funds expended for activities that meet all of the following criteria: (1) The activity was conducted in fiscal year 2014 during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government. (2) The activity was necessary to operate and open to the public a National Park located, in whole or in part, within the State. (3) The activity was authorized under Federal law. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State. | https://www.govinfo.gov/content/pkg/BILLS-113hr3286ih/xml/BILLS-113hr3286ih.xml |
113-hr-3287 | I 113th CONGRESS 1st Session H. R. 3287 IN THE HOUSE OF REPRESENTATIVES October 11, 2013 Mr. McNerney (for himself, Mr. Jones , Ms. Brown of Florida , Mr. Thompson of California , Mr. Holt , Ms. Brownley of California , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to provide veterans service organizations with the same access to Department of Veterans Affairs facilities during the Government shutdown as such organizations had immediately prior to the shutdown, and for other purposes.
1. Short title This Act may be cited as the Veterans Services Support Act . 2. Access of veterans service organizations to allocated space in Department of Veterans Affairs facilities during the Government shutdown Notwithstanding any other provision of law, during any period after September 30, 2013, for which interim or full-year appropriations for the Department of Veterans Affairs for fiscal year 2014 have not been enacted, the Secretary of Veterans Affairs shall ensure that employees of the Department who are excepted from furlough during any such period provide— (1) veterans service organizations with the same access to Department of Veterans Affairs facilities as such organizations had on September 30, 2013; (2) veterans with the same access to veterans service organizations using such facilities as was provided on September 30, 2013; and (3) such services as may be necessary to ensure the safety and security of such veterans and veterans service organizations in the same manner as was provided on September 30, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3287ih/xml/BILLS-113hr3287ih.xml |
113-hr-3288 | I 113th CONGRESS 1st Session H. R. 3288 IN THE HOUSE OF REPRESENTATIVES October 11, 2013 Mr. Cassidy (for himself, Mr. Fleming , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 31, United States Code, to exempt expenditures or obligations of funds derived from user fees from certain limitations under the Antideficiency Act, and for other purposes.
1. Short title This Act may be cited as the Fiduciary Responsibility and Fairness Act of 2013 . 2. Exemption for expenditures or obligations of funds derived from user fees (a) In general Section 1341(a) of title 31, United States Code, is amended by adding at the end the following: (3) This subsection does not apply in the case of any expenditure or obligation of funds derived from user fees and authorized to be appropriated for such purpose. . (b) Effective date The amendment made by subsection (a) shall apply with respect to expenditures and obligations made or authorized after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3288ih/xml/BILLS-113hr3288ih.xml |
113-hr-3289 | I 113th CONGRESS 1st Session H. R. 3289 IN THE HOUSE OF REPRESENTATIVES October 11, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide funds during the lapse of appropriations for the payment of military death gratuities and funeral and related transportation and housing expenses through the transfer of unobligated amounts in the Health Insurance Reform Implementation Fund.
1. Source of funds for payment of military death gratuities and funeral and related transportation and housing expenses During any period for which interim or full-year appropriations for fiscal year 2014 are not in effect for a purpose specified in this section, the Secretary of Health and Human Services shall transfer, from unobligated amounts in the Health Insurance Reform Implementation Fund established by section 1005 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), to the Secretary of Defense sufficient funds to enable the Secretary of Defense to provide the following benefits on behalf of members of the Armed Forces who die during such period: (1) The payment of a death gratuity under sections 1475–1477 and 1489 of title 10, United States Code. (2) The payment or reimbursement for funeral and burial expenses authorized under sections 1481 and 1482 of title 10, United States Code. (3) The payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code. (4) The temporary continuation of a basic allowance of housing for dependents of members dying on active duty, as authorized by section 403(l) of title 37, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3289ih/xml/BILLS-113hr3289ih.xml |
113-hr-3290 | I 113th CONGRESS 1st Session H. R. 3290 IN THE HOUSE OF REPRESENTATIVES October 11, 2013 Mr. Kingston (for himself, Mr. Ruppersberger , Mr. Wolf , and Mr. Moran ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide that all Federal employees shall be deemed to be employees excepted from furlough for purposes of the Government shutdown commencing on or about October 1, 2013, and for other purposes.
1. Treatment of Federal employees during Government shutdown (a) In general This Act applies with respect to any lapse in appropriations commencing on or about October 1, 2013. (b) All employees treated as excepted employees During a lapse in appropriations described in subsection (a), all Federal employees shall, for purposes of section 1342 of title 31, United States Code (and notwithstanding the last sentence of such section), be deemed to be performing services relating to emergencies involving the safety of human life or the protection of property. (c) Normal rules relating to leave and holidays Effective as of October 1, 2013, Federal employees considered excepted from furlough during a lapse in appropriations which is described in subsection (a), and which affects the agency activity in which the employee is engaged, shall not be considered to be furloughed when on leave and shall be subject to the same laws, rules, and regulations relating to leave and holidays as would apply if no lapse in appropriations had occurred. (d) Compensation for furloughed employees Federal employees furloughed as a result of a lapse in appropriations described in subsection (a) shall be compensated at their standard rate of compensation, for the period for which they were so furloughed, as soon as practicable after such lapse in appropriations ends. (e) Definition For purposes of this Act, the term Federal employee means an officer or employee of the United States Government. | https://www.govinfo.gov/content/pkg/BILLS-113hr3290ih/xml/BILLS-113hr3290ih.xml |
113-hr-3291 | I 113th CONGRESS 1st Session H. R. 3291 IN THE HOUSE OF REPRESENTATIVES October 12, 2013 Mr. Mulvaney introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Pay Our Military Act to make appropriations available to continue the provision of support of the Army National Guard and the Air National Guard under cooperative agreements.
1. Emergency appropriation of funds to provide for Federal support for the Army National Guard and the Air National Guard Section 2 of the Pay Our Military Act ( Public Law 113–39 ; 127 Stat. 532) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Continuation of support to National Guard 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 continue the provision of support of the Army National Guard and the Air National Guard under cooperative agreements entered into pursuant to sections 106 and 107 of title 32, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3291ih/xml/BILLS-113hr3291ih.xml |
113-hr-3292 | I 113th CONGRESS 1st Session H. R. 3292 IN THE HOUSE OF REPRESENTATIVES October 15, 2013 Mr. Franks of Arizona (for himself, Mr. Conaway , Mr. Lamborn , Mr. King of Iowa , Mr. Stockman , Mr. Hultgren , Mr. Gohmert , Mr. Austin Scott of Georgia , Mr. Weber of Texas , Mr. Perry , Mr. Rokita , Mr. Pearce , Mr. Harris , Mr. LaMalfa , Mrs. Blackburn , and Mr. Williams ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Oversight and Government Reform 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 prevent the Government of Iran from gaining a nuclear weapons capability and to maximize the United States diplomatic influence to achieve, consistent with the national security interest of the United States and its allies and partners, a negotiated settlement with the Government of Iran regarding Iran’s nuclear weapons program.
1. Short title This Act may be cited as the United States-Iran Nuclear Negotiations Act . 2. Findings Congress finds the following: (1) After a 30-year formal diplomatic relations drought and decades of repeated and direct threats to the United States, Iran and the United States recently exchanged communication between high-ranking government officials with the stated intent to accelerate negotiations and relations. (2) Since at least the late 1980s, Iran has engaged in a sustained and well-documented pattern of illicit and deceptive activities to acquire a nuclear weapons capability and has provided weapons, training, funding, and direction to terrorist groups. (3) Iran already possesses the necessary amount of low- and medium-enriched uranium that, if enriched further to weapons-grade level, can produce several nuclear weapons. (4) Iran has the advanced nuclear facilities and technology to carry out weapons-grade enrichment and the infrastructure to assemble, house and launch long-range ballistic weapons. (5) Since September 2005, the International Atomic Energy Agency (IAEA) has found Iran to be in non-compliance with its safeguards agreement, which Iran is obligated to adhere to as a non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970. (6) The United Nations Security Council (UNSC) has adopted multiple resolutions since 2006 demanding Iran’s full and sustained suspension of all uranium enrichment-related and reprocessing activities and Iran's full cooperation with the IAEA on all outstanding issues related to its nuclear activities, particularly those concerning the possible military utilizations of its nuclear program. (7) On July 31, 2006, the UNSC adopted Resolution 1696 that calls on Tehran to suspend its enrichment program and verify its compliance with the IAEA Board of Governors’ requirements. (8) On December 23, 2006, the UNSC adopted Resolution 1737 in response to Iran’s failure to comply with Resolution 1696 and requires Iran to suspend uranium enrichment and heavy-water reactor projects, and take other confidence-building measures. (9) On March 24, 2007, the UNSC adopted Resolution 1747 as a result of Iran’s failure to comply with the previous two resolutions. It calls on Iran to take measures required by the IAEA Board of Governors and outlined in Resolution 1737 to verify that its nuclear program has only peaceful purposes and to reach a long-term comprehensive agreement with the P5+1 nations (the United States, the United Kingdom, France, Russia, China, and Germany). (10) On March 3, 2008, the UNSC adopted Resolution 1803 as a response to Iran’s decision to not abide by previous resolutions and calls for Iran to halt its enrichment program and comply with previous UNSC and IAEA resolutions. (11) On September 27, 2008, the UNSC adopted Resolution 1835 which reaffirms the four previous resolutions. (12) On June 9, 2010, the UNSC adopted Resolution 1929 which reiterates the UNSC’s demands from previous resolutions that Iran halt all enrichment activity and to cooperate with IAEA efforts to determine that Iran does not have a nuclear weapons program. (13) On June 9, 2011, the UNSC adopted Resolution 1984 which recalls all previous resolutions and extends the mandate of the Panel of Experts that monitors sanctions on Iran’s nuclear program for a period of one year. (14) On June 7, 2012, the UNSC adopted Resolution 2049 which extends the mandate of the Panel of Experts to monitor the implementation of international sanctions against Iran and to provide several reports on compliance with international sanctions. (15) Congress has passed and the President has signed into law legislation imposing significant economic and diplomatic sanctions to pressure Iran to abandon its pursuit of nuclear weapons and end its support for terrorism. (16) The Department of State has designated Iran as a state sponsor of terrorism since 1984 and for the past decade has characterized Iran as the most active state sponsor of terrorism in the world. (17) During the State of the Union Address on January 24, 2012, President Barack Obama stated, Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal. . (18) On March 4, 2012, President Obama stated, Iran’s leaders should understand that I do not have a policy of containment; I have a policy to prevent Iran from obtaining a nuclear weapon. . (19) On October 22, 2012, President Obama said of Iran, The clock is ticking … And we’re going to make sure that if they do not meet the demands of the international community, then we are going to take all options necessary to make sure they don’t have a nuclear weapon. . (20) Iran Supreme Leader Khamenei’s newly elected President, Hassan Rouhani, served as a member of Iran’s Supreme National Security Council since 1989, spent 16 years as the Supreme National Security Council’s secretary, and was Iran’s nuclear negotiator from 2003 to 2005. (21) In a secret 2004 speech that leaked in 2006, Rouhani acknowledged that he used the negotiations to buy time for the advancement of Iran’s nuclear program: While we were talking with the Europeans in Tehran, we were installing equipment in parts of the facility in Isfahan [the site of Iran’s uranium conversion plant], but we still had a long way to go to complete the project. In fact, by creating a calm environment, we were able to complete the work in Isfahan. . (22) Since Barack Obama has become President, Iran has tripled the number of operating centrifuges to 15,000 and has expanded the Natanz enrichment facility and its newer, deep underground plant at Fordow where it has installed hundreds of more advanced machines (the IR–2) which are capable of tripling the production rate, drastically reducing the time it would need to break out and produce weapons-grade materials. (23) Iran has continued to construct the Arak heavy water reactor that is suitable for plutonium production. (24) Iran’s illicit pursuit and development of nuclear weapons and its foreign policy conduct and actions constitute a grave threat to regional stability, world peace, global economy and energy markets, and the national security interests of the United States and its allies and partners. (25) A nuclear weapons-capable Iran, with intercontinental ballistic capabilities, would pose a direct nuclear and high altitude electromagnetic pulse (HEMP) threat to the United States and its allies. (26) A nuclear weapons-capable Iran would likely lead directly to the proliferation of nuclear weapons in such nearby powers as Saudi Arabia, Egypt, and Turkey, thus increasing the risk of regional nuclear confrontation. 3. Support for United States diplomatic efforts (a) Statement of policy It is the policy of Congress that it is in the national security interest of the United States and its allies and partners to ensure the following objectives with respect to Iran are achieved: (1) Iran permanently halts all uranium enrichment and identifies all sites where such enrichment is occurring. (2) Iran removes, and transfers to a third party under the auspices of the International Atomic Energy Agency (IAEA), all uranium enriched to a 20 percent and higher threshold. (3) Iran closes the uranium enrichment facility at Fordow, near Qom, Iran. (4) Iran ceases developing reactors capable of producing plutonium and ceases the importation and domestic manufacturing of all centrifuges for enriching uranium. (b) Sense of Congress (1) In general It is the sense of Congress that if the objectives described in paragraphs (1) through (4) of subsection (a) are met, it shall be the policy of the United States to enter into a negotiated settlement regarding nuclear activities in Iran that includes the terms described in paragraph (2) of this subsection. (2) Terms described The terms referred to in paragraph (1) are the following: (A) The Government of Iran reaffirms its commitment to the Treaty on the Non-Proliferation of Nuclear Weapons and ratifies and implements all provisions of the Additional Protocol. (B) Iran ceases the development and testing of long-range ballistic weapons. (C) Iran permits unfettered access by IAEA officials to inspect and verify its compliance to IAEA safeguards and the IAEA Board of Governors' obligations. (D) Iran ceases to provide weapons, training, funding, and direction to terrorist groups, including Hamas, Hezbollah, Shiite militias in Iraq, and the regime of Bashar al Assad in Syria. (E) Iran demonstrates peaceful foreign policy conduct and actions and issues full recognition of its neighbors’ sovereignty, including Israel. (F) Iran ceases all threats against the United States and Israel. 4. Military readiness and congressional consent (a) Declaration of policy Congress declares that the United States is wholly capable, willing, and ready to use military force to prevent Iran from obtaining or developing a nuclear weapons capability. (b) Congressional consent (1) In general To maximize the Administration’s diplomatic leverage to achieve, consistent with the national security interests of the United States and its allies and partners, a negotiated settlement with the Government of Iran regarding Iran’s nuclear weapons program, and consistent with the President’s authority under article II, section 2 of the Constitution and pursuant to the War Powers Resolution ( 50 U.S.C. 1541 et seq. ), at such time when the President determines that— (A) Iran is using the cover of diplomacy to continue advancing its nuclear program to acquire a nuclear weapons capability, (B) diplomatic efforts have failed to mitigate Iran’s nuclear enrichment program in documented, inspected, and verifiable ways, or (C) Iran poses a threat to the national security interests of the United States and its allies and partners, Congress hereby acknowledges that this Act constitutes current consultation with the President on Iran in order to provide for swift application of all options to prevent Iran from obtaining a nuclear weapons capability and provides consent to the necessary and appropriate use of force against legitimate targets in Iran to achieve the objectives described in paragraph (2). (2) Objectives described The objectives referred to in paragraph (1) are the following: (A) Uphold and implement all relevant United Nations Security Council resolutions regarding Iran’s nuclear program. (B) Deter Iran’s development of nuclear weapons in order to protect the national security interests of the United States and to protect United States allies and partners against the development and transfer of such weapons to rogue regimes and non-state actors. (C) Degrade Iran’s capacity to develop such weapons in the future. 5. Imposition of sanctions with respect to Iran (a) Authorization for imposition of sanctions If any business, firm, or entity has not terminated the provision of goods, services, or technology in Iran or with any Iranian-controlled entity, the President may— (1) prohibit that business, firm, or entity from receiving any United States Government contract or accessing United States capital markets; and (2) in the case of a business, firm, or entity that is a foreign financial institution, prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or payable-through account by the business, firm, or entity. (b) Definitions In this section: (1) Business, firm, or entity The term business , firm , or entity — (A) means a partnership, association, trust, joint venture, corporation, company, governmental, quasi-governmental or non-governmental body, affiliate or other organization; and (B) includes any affiliate, subsidiary, or branch thereof. (2) Iran The term Iran means the Government of the Islamic Republic of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government. (3) Iranian-controlled entity The term Iranian-controlled entity means a partnership, association, trust, joint venture, corporation, affiliate or other organization in which the Government of Iran— (A) holds more than 50 percent of the equity interest by vote or value in the entity; (B) holds a majority of seats on the board of directors of the entity; or (C) otherwise controls the actions, policies, or personnel decisions of the entity. | https://www.govinfo.gov/content/pkg/BILLS-113hr3292ih/xml/BILLS-113hr3292ih.xml |
113-hr-3293 | I 113th CONGRESS 1st Session H. R. 3293 IN THE HOUSE OF REPRESENTATIVES October 15, 2013 Mr. Hastings of Florida introduced the following bill; which was referred to the Committee on Ways and Means A BILL To reform the public debt limit.
1. Short title This Act may be cited as the Debt Limit Reform Act . 2. Reform of the public debt limit (a) Authority of President To increase public debt limit Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) The dollar amount in effect under subsection (b) shall be increased at such times and in such amounts as the President of the United States, or his designee, may provide. . (b) Government-Held debt not taken into account for purposes of the public debt limit Section 3101 of title 31, United States Code, as amended by subsection (a) is amended by adding at the end the following new subsection: (e) Obligations held by the United States Government (including any obligation which is classified as an intragovernmental holding by the Secretary of the Treasury or which is held by any agency or instrumentality of the United States) shall not be taken into account for purposes of applying the limitation imposed under subsection (b). . | https://www.govinfo.gov/content/pkg/BILLS-113hr3293ih/xml/BILLS-113hr3293ih.xml |
113-hr-3294 | I 113th CONGRESS 1st Session H. R. 3294 IN THE HOUSE OF REPRESENTATIVES October 15, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a streamlined process through which a State may claim authority over and responsibility for management of Federal lands located in the State without claiming ownership of the land, and for other purposes.
1. Short title This Act may be cited as the State-Run Federal Lands Act . 2. Definitions In this Act: (1) Qualifying Federal land The term qualifying Federal land means Federal land under the jurisdiction of— (A) the National Park Service, including national monuments and recreation areas; (B) the Bureau of Land Management; (C) the Forest Service; or (D) the United States Fish and Wildlife Service, including wildlife refuges and preserves. (2) Secretary concerned The term Secretary concerned means— (A) in the case of land under the jurisdiction of the National Park Service or the United States Fish and Wildlife Service, the Secretary of the Interior; and (B) in the case of land under the jurisdiction of the Forest Service, the Secretary of Agriculture. 3. Petition by states for management of certain qualifying Federal lands (a) Submission of petition by state To manage Federal lands Beginning 30 days after the date of the enactment of this Act, a State may submit to the Secretary concerned a petition to enter into a cooperative agreement with the Secretary concerned for purposes of managing certain qualifying Federal lands located in the State. (b) Determination The Secretary concerned shall approve or deny a petition (including a corrected petition that is resubmitted) submitted under this section not later than 90 days after the date on which the Secretary concerned receives the petition. (c) Denial of petition The Secretary concerned shall approve a petition submitted under subsection (a) if the Secretary concerned determines that— (1) the State has demonstrated that it has sufficient funds to meet the cost-sharing requirement under subsection (f)(3) for the duration of the cooperative agreement; (2) the petition is complete; (3) the proposed cooperative agreement submitted with the petition contains all of the terms required under subsection (f); or (4) the petition is from a State that had a previous cooperative agreement terminated and the Secretary determines that the reasons for that termination warrant denial of the new (or corrected) petition. (d) Opportunity To amend petition (1) Notice of denial If the Secretary concerned denies a petition under subsection (b), the Secretary concerned shall provide to the State that submitted such petition written notice of the denial. Such written notice shall include— (A) a clear and comprehensive statement of the reasons why the petition was denied; and (B) a clear and comprehensive description of any deficiencies in the petition or the related proposed cooperative agreement. (2) Resubmission of corrected petition After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied petition. (e) Petition and cooperative agreement deemed approved If the Secretary concerned does not approve or deny a petition submitted under subsection (a) or (d)(2) within the 90 days after receiving the petition, the petition and the proposed cooperative agreement submitted with the petition shall be deemed approved. (f) Petition contents A petition submitted under subsection (a) shall include— (1) a letter signed by the Governor of the State submitting such petition addressed to the Secretary concerned that contains a description and a corresponding map of the qualifying Federal lands over which the State seeks to manage; (2) the proposed cooperative agreement that is the subject of the petition; (3) documentation that demonstrates the ability of the State to provide sufficient funds to administer such lands for the duration of the cooperative agreement; and (4) any other documentation that the Secretary concerned may require. (g) Cooperative Agreement contents A cooperative agreement submitted under subsection (e)(2) shall contain— (1) a statement that the State shall manage certain qualifying Federal lands located in that State after the effective date of the transfer of management to the State for a specified term of years; (2) a cost-sharing requirement stating that the State shall provide a certain amount (equal to not less than 50 percent), in cash or in-kind, of the total amount required for the management of the qualifying Federal lands concerned; (3) the amount to be contributed by the State shall be determined by the Governor of the State and the Secretary concerned, only after the Secretary concerned submits to the State a categorical assessment of all costs, in the recent past and anticipated during the duration of the cooperative agreement, of managing the qualifying Federal lands concerned, including employee salary data; (4) in the event of a natural disaster, as categorized by the Federal Emergency Management Agency, the State shall assume authority over recovery initiatives (nullifying any existing established Federal response protocol) so that— (A) the cost of damages to any structure on the qualifying Federal lands concerned be shared by both State and Federal entities at a ratio in accordance to the cost-sharing agreement; and (B) the cost and administration of repair of damages resulting from natural disasters, not including structures referred to in subparagraph (A), shall be assumed by the State rather than the Federal Government; (5) all revenue accrued from fees, royalties, and other revenues related to the qualifying Federal lands concerned shall be distributed to the State and Federal entities in accordance to the percentages dictated by the cost-sharing agreement and shall be used so that the percentage of funds designated to the Federal entity shall be made available to the Secretary concerned for use at the sole discretion of the Secretary concerned; (6) the procedures to be followed for purposes of the transition from Federal to State management of the qualifying Federal lands concerned, including— (A) a guarantee that all Federal employees managing the qualifying Federal lands concerned may remain employed without infringement upon their existing conditions of employment; (B) a guarantee that the State may use its percentage of the amounts required for the management of the qualifying Federal lands concerned to hire additional staff whose terms of employment shall be decided by the petitioning State; and (C) authority over the qualifying Federal lands concerned shall be directed by the State that submitted the petition and a State-appointed manager, but the implementation of its directives may include the existing Federal superintendent concerned and performed in conjunction with State employees; (7) the transfer of any special use permits issued to the Secretary concerned with respect to the qualifying Federal lands concerned to the State; (8) a provision stating that lands currently open to mineral entry under the Act of May 10, 1872 (commonly referred to as the General Mining Act of 1872 ( 30 U.S.C. 22 et seq. )), shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order; and (9) if the qualifying Federal lands concerned cross State lines, all States involved shall submit a joint petition or the States must agree to divide the park by State lines to enable State authority in accordance to the cost-sharing agreement. (h) Applicability of state law on qualifying federal lands under cooperative agreement State environmental, wildlife, and land management laws shall supercede Federal environmental, wildlife, and land management laws on the qualifying Federal lands administered by a State under a cooperative agreement in place under this section to the extent that such laws are more restrictive than the corresponding Federal laws. (i) Ownership Notwithstanding a State management of qualified Federal lands under a cooperative agreement entered into under this section, the United States shall retain all right, title, and interest in and to such lands. (j) Termination of cooperative agreement A cooperative agreement applicable under this section shall terminate, at the discretion of the Secretary concerned, under the following circumstances: (1) The State concerned defaults on a payment, thereby requiring Federal entities to assume responsibility for the financial liabilities. (2) The State concerned is in substantial breach of the cooperative agreement as determined by the Secretary concerned. (3) The cooperative agreement terminates under a term contained in that agreement. (k) Intentional termination of cooperative agreement (1) If the State no longer finds that the cooperative agreement is beneficial or in the best interest of the State, the State must submit a petition to the Secretary concerned exhibiting credible purpose and reason for such intent. (2) Not later than 90 days after receiving a petition under paragraph (1), the Secretary concerned shall determine whether to approve or deny the petition. | https://www.govinfo.gov/content/pkg/BILLS-113hr3294ih/xml/BILLS-113hr3294ih.xml |
113-hr-3295 | I 113th CONGRESS 1st Session H. R. 3295 IN THE HOUSE OF REPRESENTATIVES October 16, 2013 Ms. Castor of Florida 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 eliminate contributing factors to disparities in breast cancer treatment through the development of a uniform set of consensus-based breast cancer treatment performance measures for a 6-year quality reporting system and value-based purchasing system under the Medicare program.
1. Short title This Act may be cited as the Eliminating Disparities in Breast Cancer Treatment Act of 2013 . 2. Findings Congress finds the following: (1) Delays in receiving care after breast cancer diagnosis are reported to be greater for African-American women than White women. (2) Recent studies indicate that African-American women with breast cancer are less likely to receive standard therapy than White women. (3) African-American and Hispanic patients are significantly more likely than White patients to be diagnosed at a more advanced stage of breast cancer. (4) Investigators found that regardless of insurance status, African-American women are 1.9 times more likely to be diagnosed with an advanced stage of breast cancer than White women and Hispanic women are 1.4 times more likely to be diagnosed with an advanced stage of breast cancer than White women. (5) African-American women are ten percent more likely not to receive tests to determine if breast cancer has spread to axillary (underarm) lymph nodes. Studies show that health insurance status, race, income, and educational background are directly linked to irregularity in administering this vital screening. (6) According to American Cancer Society researchers, substantial disparities remain or persist regarding cancer diagnosis and treatment. 3. Purpose The purpose of this Act is to promote the implementation of standardized health care practices for breast cancer treatment under the Medicare program to eliminate disparities in the provision of care to such patients based on race, level of education, income, and health insurance status of such patients. 4. Consensus-based breast cancer treatment performance measures system under Medicare Title XVIII of the Social Security Act is amended by adding at the end the following new section: 1899B. Breast cancer treatment performance measures system (a) In general Not later than October 1, 2014, the Secretary shall establish, in accordance with the provisions of this section, a 6-year breast cancer treatment quality performance system (in this section referred to as the system ) to— (1) assess and publicly disclose, through the use of quality measures, the quality of care provided for the treatment of breast cancer by specified health care providers; and (2) beginning October 1, 2017, base payment under this title to such providers for such treatment on the performance of such providers based on such measures. (b) Specified health care providers (1) In general The Secretary shall specify classes of providers of services and suppliers, including hospitals, cancer centers, physicians, primary care providers, and specialty providers, to which the provisions of this section shall apply. (2) Definition For purposes of this section, the term specified health care provider means a provider of services or supplier specified under paragraph (1). (c) Identification and endorsement of breast cancer treatment performance measures (1) In general Under the system, the Secretary shall enter into agreements with the National Quality Forum, an organization that operates as a voluntary consensus standards body as defined for purposes of section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 ) and Office of Management and Budget Revised Circular A–119 (published in the Federal Register on February 10, 1998), under which the National Quality Forum shall identify a uniform set of consensus-based performance measures to evaluate the quality of care provided by specified health care providers for the treatment of breast cancer, endorse such set of measures through its multistakeholder consensus development process, and annually update such set of measures. (2) Measures described The set of measures described in paragraph (1) shall include, with respect to the treatment of breast cancer, measures of patient outcomes, the process for delivering medical care related to such treatment, patient counseling and engagement in decisionmaking, patient experience of care, resource use, and practice capabilities, such as care coordination. (d) Reporting process (1) In general Under the system, for periods (as specified by the Secretary) beginning on or after October 1, 2014, the Secretary shall establish a reporting process, with respect to treatment furnished for breast cancer, that provides for a method for specified health care providers to submit to the Secretary data on the performance of such providers during each period through use of the performance measures developed pursuant to subsection (c)(1). Such data shall be submitted in a form and manner and at a time specified by the Secretary. (2) Voluntary submission during initial 3 years The reporting process under paragraph (1) shall provide for the voluntary submission of data (and incentives for such submission) under the process for periods ending before October 1, 2017. (3) Characteristics of data submitted under reporting process Data submitted by a specified health care provider under the reporting process under paragraph (1) shall— (A) take into account the quality of breast cancer treatment furnished to all patients of the provider, regardless of the type of health insurance coverage of the patient or whether or not the patient has such coverage; and (B) be structured in a manner that allows for comparison according to race, educational level, income, insurance status, and any other category specified by the Secretary. (e) Public disclosure Under the system, the Secretary shall establish procedures to require that information with respect to the quality demonstrated by a specified health care provider of treatment furnished for breast cancer during a period (based on the performance measures data submitted pursuant to subsection (c)(1) by the provider for such period) is made available on the official public Internet site of the Department of Health and Human Services in a clear and understandable form. Such procedures shall ensure that a specified health care provider has the opportunity to review the information that is to be made public with respect to the provider at least 30 days prior to such data being made public and shall provide for an appeals process in the case a provider claims such information to be incorrect or incomplete. (f) Value-Based purchasing for periods beginning October 1, 2017 (1) In general Under the system, for periods beginning on or after October 1, 2017, and ending before October 1, 2020, the Secretary shall establish and implement, a value-based purchasing program, with respect to specified health care providers that furnish treatment for breast cancer during such a period, under which— (A) in the case of such a provider that does not submit data in accordance with the reporting process under subsection (d)(1) for such treatment furnished during such period, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment by an amount specified by the Secretary; and (B) in the case of such a provider that submits data in accordance with the reporting process under subsection (d)(1) for such treatment furnished during such period— (i) subject to clause (ii), if the Secretary determines such provider furnished low quality care (in accordance with a method specified by the Secretary) for such treatment, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment by an amount specified by the Secretary; (ii) if the Secretary determines such provider furnished low quality care (in accordance with the method specified under clause (i)) for such treatment, but the quality of care has improved as compared to the quality of care the provider furnished during the previous period, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment in accordance with an incremental method established by the Secretary that ensures that the amount of such reduction— (I) is less than the amount specified by the Secretary under clause (i); and (II) is based on the extent of improvement in the quality of care; and (iii) if the Secretary determines such provider did not furnish low quality care (in accordance with the method specified under clause (i)) for such treatment, the Secretary shall provide to such provider the amount to be paid to such provider under this title for such treatment. (2) Results-based payments The amount of a reduction under subparagraph (A) or (B)(i) of paragraph (1) shall be determined in accordance with a method established by the Secretary. (g) Reports Not later than October 1, 2015, and for each 6-month period thereafter (before fiscal year 2021), the Secretary shall submit to Congress a report that evaluates the development and implementation of the system, including— (1) an evaluation of the number of specified health care providers that submit data pursuant to subsection (c)(1); (2) an analysis of the effect of such system on reducing disparities in the provision of breast cancer treatment to patients based on race, level of education, income, and health insurance status of such patients; and (3) recommendations on whether (and to what extent) to extend the system under this section. (h) Application to part C The Secretary shall provide for a method to apply the provisions of this section to treatment furnished under a plan under part C. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3295ih/xml/BILLS-113hr3295ih.xml |
113-hr-3296 | I 113th CONGRESS 1st Session H. R. 3296 IN THE HOUSE OF REPRESENTATIVES October 16, 2013 Mr. Gallego introduced the following bill; which was referred to the Committee on Ways and Means A BILL To authorize the United States Department of Treasury to prioritize certain payments in the event that the debt limit is reached.
1. Short title This Act may be cited as the Pay America First Act . 2. Authority to protect America’s seniors, veterans, and other domestic payments prior to debt obligations to foreign bondholders This Act shall take effect if the United States Government defaults on its legal obligations for the first time in its history, as evidenced by the Secretary of the Treasury taking any of the following actions: (1) Withhold from making payments of debt obligations to foreign bond holders, including those in China, Iran, and the Cayman Islands, before making payments of debt obligations to programs as listed below: (a) Make a payment of a debt obligation to the Social Security and Medicare trust funds or redeem a debt obligation held by those trust funds. (b) Redeem a debt obligation held by a trust fund providing veterans benefits, including the Veterans Special Life Insurance Fund, the Veterans Reopened Insurance Fund, the Armed Forces Retirement Home Fund, and the Court of Veteran Appeals Retirement Fund. (c) Redeem a debt obligation held by an intragovernmental fund with the purpose of assisting Americans during a natural disaster, including reserves for the National Flood Insurance Program and other disaster relief funds appropriated to the President. (d) Make a payment of debt obligations to the Department of Defense, including civilian and uniformed personnel (Army, Navy, Marines, Air Force), military active pay and military retirement benefits, and military benefits to their families. 3. Report on certain actions (1) In general, after the date of the enactment of this Act, the Secretary of Treasury exercises his or her authority under subsection (a), the Secretary shall thereafter submit a report each week to Congress on the payments issued and amount of revenues incoming and remaining reserves for upcoming payments issued. | https://www.govinfo.gov/content/pkg/BILLS-113hr3296ih/xml/BILLS-113hr3296ih.xml |
113-hr-3297 | I 113th CONGRESS 1st Session H. R. 3297 IN THE HOUSE OF REPRESENTATIVES October 16, 2013 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to authorize the use of funds for the inclusion in domestic violence education programs of information on legal rights available to teenage victims of dating violence.
1. Short title This Act may be cited as the Teen Dating Violence Education Act of 2013 . 2. Findings The Congress finds as follows: (1) Girls and women between the ages of 16 and 24 are the most vulnerable to domestic violence, experiencing the highest per capita rates of non-fatal intimate partner violence. (2) One-third of teens report experiencing some kind of abuse in their romantic relationships, including verbal and emotional abuse. (3) Approximately 1 in 5 adolescent girls report being physically or sexually hurt by a dating partner. (4) Forty percent of teenage girls ages 14 to 17 report knowing someone their age who has been hit or beaten by a boyfriend. (5) Twenty-six percent of girls in grades 9 to 12 have been the victim of physical abuse, sexual abuse, or date rape. (6) Teenagers who are the victims of dating violence often do not know the legal actions they can take to put an end to the violence they are experiencing. These teenagers often do not inquire into legal actions they can take because of the perceived stigma of dating violence. (7) The cost of intimate partner violence annually exceeds $5.8 billion, including $4.1 billion in direct health care expenses. (8) Domestic violence has been estimated to cost employers in the United States up to $13 billion each year. (9) In the United States, rape is the most costly crime to its victims, totaling $127 billion a year, including medical costs, lost earnings, pain, suffering, and lost quality of life 3. Inclusion in domestic violence education programs of information on legal rights available to teenage victims of dating violence Paragraph (2) of section 5571(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7275(c) ) is amended— (1) by striking and are designed and inserting , are designed ; and (2) by inserting , and include information specific to the State involved regarding the legal rights available to teenage victims of dating violence before the period. | https://www.govinfo.gov/content/pkg/BILLS-113hr3297ih/xml/BILLS-113hr3297ih.xml |
113-hr-3298 | I 113th CONGRESS 1st Session H. R. 3298 IN THE HOUSE OF REPRESENTATIVES October 16, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow individuals a deduction for amounts contributed to disaster savings accounts to help defray the cost of preparing their homes to withstand a disaster.
1. Short title This Act may be cited as the Disaster Savings Accounts Act of 2013 . 2. Deduction for contributions to disaster savings accounts (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. Disaster savings accounts (a) Deduction allowed In the case of an eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to a disaster savings account of such individual. (b) Limitation (1) In general The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be the same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual For purposes of this section, the term eligible individual means any individual if— (1) such individual owned and used any residence in the United States at any time during the taxable year, and (2) while so owned and used, such residence was insured under a policy of a type normally required by a lender holding a mortgage on the residence. (d) Disaster savings account For purposes of this section— (1) In general The term disaster savings account means a trust created or organized in the United States as a disaster savings account exclusively for the purpose of paying the disaster mitigation expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Disaster mitigation expenses The term disaster mitigation expenses means expenses for any of the following with respect to the residence referred to in subsection (c): (A) Safe rooms. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, lightning, power outage, tornado and wildfire) and other natural disasters. (3) Account beneficiary The term account beneficiary means the individual on whose behalf the disaster savings account was established. (e) Treatment of account (1) In general A disaster savings account is exempt from taxation under this subtitle unless such account has ceased to be a disaster savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to disaster savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay disaster mitigation expenses. (f) Tax treatment of distributions (1) Amounts used for disaster mitigation expenses Any amount paid or distributed out of a disaster savings account which is used exclusively to pay disaster mitigation expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for disaster mitigation expenses Any amount paid or distributed out of a disaster savings account which is not used exclusively to pay the disaster mitigation expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any disaster savings account of an individual, paragraph (2) shall not apply to distributions from the disaster savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. (4) Additional tax on distributions not used for disaster mitigation expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a disaster savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from a disaster savings account to the account beneficiary to the extent the amount received is paid into a disaster savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a disaster savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a disaster savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment (1) In general The $5,000 amount in subsection (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules (1) Denial of deduction to dependents No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 224(f)(7) (relating to transfer of account incident to divorce). (G) Section 224(f)(8) (relating to treatment after death of account beneficiary). (i) Reports The Secretary may require the trustee of a disaster savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Disaster savings accounts The deduction allowed by section 224. . (c) Tax on excess contributions Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or at the end of subsection (a)(4), by inserting or at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: (6) a disaster savings account (within the meaning of section 224(d)), , and (2) by adding at the end the following new subsection: (h) Excess contributions to disaster savings accounts For purposes of this section, in the case of disaster savings accounts (within the meaning of section 224(d)), the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the disaster savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed. . (d) Failure To provide reports on disaster savings accounts Paragraph (2) of section 6693(a) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(i) (relating to disaster savings accounts), . (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: Sec. 224. Disaster savings accounts. Sec. 225. Cross reference. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3298ih/xml/BILLS-113hr3298ih.xml |
113-hr-3299 | I 113th CONGRESS 1st Session H. R. 3299 IN THE HOUSE OF REPRESENTATIVES October 16, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 340A of the Public Health Service Act to protect the privacy of personally identifiable information in relation to enrollment activities of health insurance exchanges, and for other purposes.
1. Short title This Act may be cited as the Security Before Access Act of 2013 . 2. Protecting the privacy of personally identifiable information in enrollment activities of health insurance exchanges (a) In general Section 340A(c) of the Public Health Service Act ( 42 U.S.C. 256a(c) ) is amended by adding at the end the following new paragraph: (3) Ensuring privacy of personally identifiable information; liability; penalties; consumer opt out (A) In general The Secretary shall require each recipient of a grant under this section to implement procedures specified by the Secretary consistent with this paragraph in order protect the privacy of personally identifiable information. (B) Required procedures The procedures specified by the Secretary under subparagraph (A) shall include at least the following: (i) Prohibition of access without explicit consent No certified application counselor, health insurance navigator, or non-navigator assistance personnel shall have access to personally identifiable information relating to an individual without the express, witnessed, written consent of that individual. (ii) Requiring licensure, background checks No such individual shall have access to personally identifiable information unless the individual— (I) has undergone, within 60 days before commencing enrollment assistance for any consumer seeking coverage through health insurance exchanges, both a criminal background and fingerprint check and has a clean record free of criminal infractions; and (II) meets educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the State they seek to assist consumers with health insurance enrollment. (iii) Requirement for prior certification of safeguards The recipient of the grant may not collect personally identifiable information for any reason until the Comptroller General of the United States, in agreement with the Inspector General of the Department of Health and Human Services, certifies to Congress that such Department, along with any other relevant Federal agencies involved with health insurance assistance or enrollment, or collection or verification of personally identifiable information, have implemented all appropriate and necessary actions to safeguard both the such information and financial information of individuals seeking enrollment in a health plan through an Exchange and to protect such individuals from fraud and abuse. (C) Liability Not later than 90 days after the date of the enactment of this paragraph, the Secretary— (i) shall issue guidance concerning how liability and penalties will be applied in instances of failure to comply with requirements of this paragraph, including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of personally identifiable information; (ii) shall determine whether such liability lies with the person (such as a navigator, certified application counselor, or non-navigator assistance personnel) having direct contact with the prospective enrollee in enrollment assistance-related actions or whether liability lies with the entity that received Federal or Exchange-generated funds to carry out consumer outreach activities; and (iii) shall determine whether the entities identified under clause (ii) are required to obtain professional liability coverage. (D) Penalties (i) Criminal penalties (I) Any individual or entity who, under this section, has possession of, or access to, personally identifiable information the disclosure of which is prohibited by this section (or section 552a of title 5, United States Code) or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or entity not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (II) A person who commits the offense described under subclause (I) with the intent to sell, transfer, or use personally identifiable information for commercial advantage, personal gain, or malicious harm shall be fined not more than $250,000, imprisoned for not more than 10 years, or both. (III) Any person who knowingly and willfully requests or obtains any personally identifiable information protected under this section concerning an individual under false pretenses shall be guilty of a felony and fined not more than $100,000, imprisoned for not more than 5 years, or both. (ii) Potential exposure to tax penalty Any navigator, certified application counselor, or non-navigator assistance personnel who engages in health plan enrollment consumer assistance activities under this section and who is exposed to consumer tax return information is potentially subject to criminal liability under section 7213(a) of the Internal Revenue Code of 1986 for any instances of unauthorized disclosure of such information. (iii) Disqualification from further assistance If the Secretary determines that any individual, including any navigator, certified application counselor, or non-navigator assistance personnel, has a criminal background or is otherwise in violation of this paragraph with respect to the requirements relating to disclosure and use of personally identifiable information, the Secretary shall permanently disqualify the individual from any further involvement in consumer assistance activities required under this section or the Patient Protection and Affordable Care Act and may disqualify and rescind the Federal and Exchange-generated funds from the entity which employs or contracts with such an individual. (E) Consumer opt out for lack of privacy protection Beginning on the date of health insurance exchange operations for both individuals and businesses, no individual consumer shall be made responsible for failure to meet a requirement under the Patient Protection and Affordable Care Act (including any amendments made by this Act) for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive protection of personally identifiable information, with respect to any health insurance enrollment activity electronic or otherwise, are in place prior to any consumer disclosure or transmission of personally identifiable information for health insurance enrollment purposes. (F) Personally identifiable information defined In this paragraph, the term personally identifiable information includes Social Security numbers, bank account information, insurance records, health records, personal income data, and any other information deemed personally identifiable and sensitive in nature by the Federal Trade Commission, the Department of Justice, the Social Security Administration, the Consumer Financial Protection Bureau, the President’s Task Force on Identity Theft, and any other relevant Federal agency, which is disclosed or obtained in connection with any health insurance enrollment activity conducted under this section. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made before, on, or after the date of the enactment of this Act. The Secretary of Health and Human Services shall provide for the prompt modification of such grants made before the date of the enactment of this Act in order to comply with the requirement imposed by such amendment. | https://www.govinfo.gov/content/pkg/BILLS-113hr3299ih/xml/BILLS-113hr3299ih.xml |
113-hr-3300 | I 113th CONGRESS 1st Session H. R. 3300 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Shuster (for himself, Mr. Rahall , Mr. Barletta , and Mr. Carson of Indiana ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To reauthorize the programs and activities of the Federal Emergency Management Agency.
1. Short title This Act may be cited as the FEMA Reauthorization Act of 2013 . I Reauthorization of FEMA and Modernization of Integrated Public Alert and Warning System 101. Reauthorization of Federal Emergency Management Agency Section 699 of Public Law 109–295 ( 6 U.S.C. 811 ) is amended— (1) by striking administration and operations each place it appears and inserting management and administration ; (2) in paragraph (2) by striking and ; (3) in paragraph (3) by striking the period and inserting ; and ; and (4) by adding at the end the following: (4) for fiscal year 2014, $972,145,000; (5) for fiscal year 2015, $972,145,000; and (6) for fiscal year 2016, $972,145,000. . 102. Integrated public alert and warning system modernization (a) Short title This section may be cited as the Integrated Public Alert and Warning System Modernization Act of 2013 . (b) Integrated public alert and warning system modernization (1) In general To provide timely and effective disaster warnings under this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall— (A) modernize the integrated public alert and warning system of the United States (in this section referred to as the public alert and warning system ) to ensure that the President under all conditions is able to alert and warn governmental authorities and the civilian population in areas endangered by disasters; and (B) implement the public alert and warning system. (2) Implementation requirements In carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee (established under subsection (c))— (A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (C) include in the public alert and warning system the capability to alert and warn, and provide the equivalent amount of information to individuals with disabilities and individuals with access and functional needs; (D) ensure that training, tests, and exercises are conducted for the public alert and warning system and that the system is incorporated into other training and exercise programs of the Department of Homeland Security, as appropriate; (E) establish and integrate into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; (F) conduct, at least once every 3 years, periodic nationwide tests of the public alert and warning system; and (G) ensure that the public alert and warning system is resilient, secure, and can withstand acts of terrorism and other external attacks. (3) System requirements The public alert and warning system shall— (A) incorporate multiple communications technologies; (B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; (C) to the extent technically feasible, be designed to provide alerts to the largest portion of the affected population, including nonresident visitors and tourists and individuals with disabilities and access and functional needs, and improve the ability of remote areas to receive alerts; (D) promote local and regional public and private partnerships to enhance community preparedness and response; (E) provide redundant alert mechanisms if practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device; and (F) include a mechanism to ensure the protection of individual privacy. (4) Implementation plan Not later than 180 days after the date of submission of the report of the Integrated Public Alert and Warning System Advisory Committee, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan to implement the public alert and warning system. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. (5) Maximum funds The Administrator may use not more than $12,733,000 of the amount made available pursuant to section 699 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 811 ) for each of fiscal years 2014, 2015, and 2016 to carry out the provisions of this section. (c) Integrated public alert and warning system advisory committee (1) Establishment Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the Advisory Committee ). (2) Membership The Advisory Committee shall be composed of the following members (or their designees) to be appointed by the Administrator as soon as practicable after the date of enactment of this Act: (A) The Chairman of the Federal Communications Commission. (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce. (C) The Assistant Secretary for Communications and Information of the Department of Commerce. (D) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers, selected from among individuals nominated by national organizations representing governments and personnel. (E) Representatives from federally recognized Indian tribes and national Indian organizations. (F) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of— (i) communications service providers; (ii) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (iii) third-party service bureaus; (iv) the broadcasting industry, including commercial and noncommercial radio and television stations; (v) the cellular industry; (vi) the cable industry; (vii) the satellite industry; and (viii) national organizations representing individuals with disabilities and access and functional needs and national organizations representing the elderly. (G) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson The Administrator shall serve as the Chairperson of the Advisory Committee. (4) Meetings (A) Initial meeting The initial meeting of the Advisory Committee shall take place not later than 120 days after the date of enactment of this Act. (B) Other meetings After the initial meeting, the Advisory Committee shall meet at the call of the Chairperson. (C) Notice; open meetings Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (D) Interested persons Interested persons shall be permitted to attend, appear before, or file statements with the Advisory Committee, in accordance with subsection (c) of section 552b of title 5, United States Code. (E) Meeting minutes The Advisory Committee shall keep detailed minutes of each meeting, which shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Advisory Committee. (F) Availability of information The records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Advisory Committee shall be available for public inspection and copying, subject to section 552 of title 5, United States Code, at a single location in the office of FEMA until the Advisory Committee ceases to exist. (5) Rules (A) Quorum One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (B) Subcommittees To assist the Advisory Committee in carrying out its functions, the Chairperson may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as the Chairperson considers necessary. (C) Additional rules The Advisory Committee may adopt such other rules as are necessary to carry out its duties. (6) Consultation with nonmembers The Advisory Committee and the program offices for the integrated public alert and warning system for the United States shall regularly meet with groups that are not represented on the Advisory Committee to consider new and developing technologies that may be beneficial to the public alert and warning system. Such groups may include— (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (7) Recommendations The Advisory Committee shall develop recommendations for an integrated public alert and warning system, including— (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; and (B) recommendations to provide for a public alert and warning system that— (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vi) promotes local and regional public and private partnerships to enhance community preparedness and response; and (vii) provides redundant alert mechanisms if practicable in order to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. (8) Initial and annual report Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall submit to the Administrator, the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations of the Advisory Committee. (9) Federal advisory committee act Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Advisory Committee. (10) Termination The Advisory Committee shall terminate not later than 3 years after the date of enactment of this Act. (d) Limitation on statutory construction Nothing in this section shall be construed to authorize or require FEMA or any other government entity to require any action on the part of the Federal Communications Commission, the Department of Commerce, the Office of Emergency Communications, or any other nongovernment entity nor impact any existing obligations of these entities. II Stafford Act and Other Programs 201. Reauthorization of urban search and rescue response system (a) In general Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5141 et seq. ) is amended by adding at the end the following: 327. National urban search and rescue response system (a) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Agency The term Agency means the Federal Emergency Management Agency. (3) Hazard The term hazard has the meaning given that term by section 602. (4) Nonemployee system member The term nonemployee System member means a System member not employed by a sponsoring agency or participating agency. (5) Participating agency The term participating agency means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. (6) Sponsoring agency The term sponsoring agency means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System. (7) System The term System means the National Urban Search and Rescue Response System to be administered under this section. (8) System member The term System member means an individual who is not a full-time employee of the Federal Government and who serves on a task force or on a System management or other technical team. (9) Task force The term task force means an urban search and rescue team designated by the Administrator to participate in the System. (b) General authority Subject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the National Urban Search and Rescue Response System. (c) Functions In administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards. (d) Task forces (1) Designation The Administrator shall designate task forces to participate in the System. The Administrator shall determine the criteria for such participation. (2) Sponsoring agencies Each task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency with respect to the participation of each task force in the System. (3) Composition (A) Participating agencies A task force may include, at the discretion of the sponsoring agency, one or more participating agencies. The sponsoring agency shall enter into an agreement with each participating agency with respect to the participation of the participating agency on the task force. (B) Other individuals A task force may also include, at the discretion of the sponsoring agency, other individuals not otherwise associated with the sponsoring agency or a participating agency. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force. (e) Management and technical teams The Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System. (f) Appointment of system members into federal service (1) In general The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator. (2) Nonapplicability of certain civil service laws The Administrator may make appointments under paragraph (1) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (3) Relationship to other authorities The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act. (4) Limitation A System member who is appointed into Federal service under paragraph (1) shall not be considered an employee of the United States for purposes other than those specifically set forth in this section. (g) Compensation (1) Pay of system members Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force— (A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and (B) to make payments directly to a nonemployee System member on the task force for any period during which the non-employee System member is appointed into Federal service under subsection (f)(1). (2) Reimbursement for employees filling positions of system members (A) In general Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). (B) Limitation Costs incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1). (3) Method of payment A System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal service under subsection (f)(1). (h) Personal injury, illness, disability, or death (1) In general A System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title) who had sustained the injury in the performance of duty. (2) Election of benefits (A) In general If a System member (or, in the case of the death of the System member, the System member’s dependent) is entitled— (i) under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5, United States Code, by reason of personal injury, illness, disability, or death, and (ii) to receive benefits from a State or local government by reason of the same personal injury, illness, disability, or death, the System member or dependent shall elect to receive either the benefits referred to in clause (i) or (ii). (B) Deadline A System member or dependent shall make an election of benefits under subparagraph (A) not later than 1 year after the date of the personal injury, illness, disability, or death that is the reason for the benefits or until such later date as the Secretary of Labor may allow for reasonable cause shown. (C) Effect of election An election of benefits made under this paragraph is irrevocable unless otherwise provided by law. (3) Reimbursement for state or local benefits Subject to such terms and conditions as the Administrator may impose by regulation, in the event that a System member or dependent elects benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of those benefits. (i) Liability A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is deemed an employee of the Federal Government under section 1346(b) of title 28, United States Code, and chapter 171 of that title, relating to tort claims procedure. (j) Employment and reemployment rights With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply: (1) Service Service as a System member is deemed service in the uniformed services for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter. (2) Preclusion Preclusion of giving notice of service by necessity of appointment under this section is deemed preclusion by military necessity for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review. (k) Licenses and permits If a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member’s qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member is deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1). (l) Advisory committee (1) In general The Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System. (2) Composition The advisory committee shall be composed of members from geographically diverse areas, and shall include— (A) the chief officer or senior executive from at least three sponsoring agencies; (B) the senior emergency manager from at least two States that include sponsoring agencies; and (C) at least one representative recommended by the leaders of the task forces. (3) Inapplicability of termination requirement Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection. (m) Preparedness cooperative agreements (1) In general Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: (A) Training and exercises, including training and exercises with other Federal, State, and local government response entities. (B) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. (C) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator. (2) Availability of Appropriations Notwithstanding section 1552(b) of title 31, United States Code, amounts made available for cooperative agreements under this subsection that are not expended shall be deposited in an agency account and shall remain available for such agreements without fiscal year limitation. (n) Response cooperative agreements The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency. (o) Obligations The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. (p) Authorization of Appropriations (1) In general There is authorized to be appropriated to carry out the System and the provisions of this section $35,180,000 for each of fiscal years 2014, 2015, and 2016. (2) Administrative expenses The Administrator may use not to exceed 6 percent of the funds appropriated for a fiscal year pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out this section. . (b) Conforming amendments (1) Applicability of title 5, united states code Section 8101(1) of title 5, United States Code, is amended— (A) in subparagraph (D) by striking and at the end; (B) by moving subparagraph (F) to appear after subparagraph (E); (C) in subparagraph (F)— (i) by striking United States Code, ; and (ii) by adding and at the end; and (D) by inserting after subparagraph (F) the following: (G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; . (2) Inclusion as part of uniformed services for purposes of USERRA Section 4303 of title 38, United States Code, is amended— (A) in paragraph (13) by inserting , a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act before , and a period ; and (B) in paragraph (16) by inserting after Public Health Service, the following: System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, . 202. Reauthorization of emergency management assistance compact grants (a) In general Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196 et seq. ) is amended by adding at the end the following: 617. Emergency management assistance compact grants (a) In general The Administrator of the Federal Emergency Management Agency may make grants to provide for implementation of the Emergency Management Assistance Compact consented to by Congress in the joint resolution entitled Joint resolution granting the consent of Congress to the Emergency Management Assistance Compact ( Public Law 104–321 ; 110 Stat. 3877). (b) Eligible grant recipients States and the Administrator of the Emergency Management Assistance Compact shall be eligible to receive grants under subsection (a). (c) Use of funds A grant received under this section shall be used— (1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for the 2004 and 2005 hurricane seasons; (2) to administer compact operations on behalf of States, as such term is defined in the compact, that have enacted the compact; (3) to continue coordination with the Federal Emergency Management Agency and appropriate Federal agencies; (4) to continue coordination with States and local governments and their respective national organizations; and (5) to assist State and local governments, emergency response providers, and organizations representing such providers with credentialing the providers and the typing of emergency response resources. (d) Coordination The Administrator of the Federal Emergency Management Agency shall consult with the Administrator of the Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance. (e) Authorization of Appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2014, 2015, and 2016. Such sums shall remain available until expended. . (b) Repeal Section 661 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 761 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr3300ih/xml/BILLS-113hr3300ih.xml |
113-hr-3301 | I 113th CONGRESS 1st Session H. R. 3301 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Upton (for himself, Mr. Gene Green of Texas , Mr. Barton , Mr. Collins of New York , Mr. Costa , Mr. Cramer , Mr. Cuellar , Mr. Gallego , Mr. Hinojosa , Mr. Matheson , Mrs. McMorris Rodgers , Mr. Peterson , Mr. Pompeo , Mr. Terry , Mr. Vela , and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico, and for other purposes.
1. Short title This Act may be cited as the North American Energy Infrastructure Act . 2. Finding Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil, natural gas, and electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. 3. Authorization of certain energy infrastructure projects at the national boundary of the United States (a) Authorization Except as provided in subsections (d) and (e), no person may construct, connect, operate, or maintain an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining approval of the construction, connection, operation, or maintenance under this section. (b) Approval (1) Requirement Not later than 120 days after receiving a request for approval of construction, connection, operation, or maintenance under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall approve the request unless the relevant official finds that the construction, connection, operation, or maintenance is not in the national security interests of the United States. (2) Relevant official The relevant official referred to in paragraph (1) is— (A) the Secretary of Commerce with respect to oil pipelines; (B) the Federal Energy Regulatory Commission with respect to natural gas pipelines; and (C) the Secretary of Energy with respect to electric transmission facilities. (3) Approval not major Federal action An approval of construction, connection, operation, or maintenance under paragraph (1) shall not be construed to constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Additional requirement for electric transmission facilities In the case of a request for approval of the construction, connection, operation, or maintenance of an electric transmission facility, the Secretary of Energy shall require, as a condition of approval of the request under paragraph (1), that the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the electric transmission facility. (c) No other approval required No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 note), Executive Order 11423 ( 3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order 12038, Executive Order 10485, or any other Executive Order shall be necessary for construction, connection, operation, or maintenance to which this section applies. (d) Exclusions This section shall not apply to any construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico— (1) if the pipeline or facility is operating at such national boundary for such import or export as of the date of enactment of this Act; (2) if a permit described in subsection (c) for such construction, connection, operation, or maintenance has been issued; (3) if approval of such construction, connection, operation, or maintenance has previously been obtained under this section; or (4) if an application for a permit described in subsection (c) for such construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (A) the date on which such application is denied; or (B) July 1, 2016. (e) Modifications to existing projects No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in paragraph (1), (2), or (3) of subsection (d), including reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustments to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (f) Effect of other laws Nothing in this section shall affect the application of any other Federal statute to a project for which approval of construction, connection, operation, or maintenance is sought under this section. (g) Definitions In this section— (1) the term natural gas has the meaning given that term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ); (2) the term oil means petroleum or a petroleum product; (3) the terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215 of the Federal Power Act ( 16 U.S.C. 824o ); and (4) the terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). 4. Importation or exportation of natural gas to Canada and Mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended by adding at the end the following: No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico. . 5. Transmission of electric energy to Canada and Mexico (a) Repeal of requirement To secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) ) is repealed. (b) Conforming amendments (1) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) ) is amended by striking insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e) . (2) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) ) is amended by striking the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act and all that follows through the period at the end and inserting the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. . 6. Effective date; rulemaking deadlines (a) Effective date Sections 3, 4, and 5, and the amendments made by such sections, shall take effect on July 1, 2015. (b) Rulemaking deadlines Each relevant official described in section 3(b)(2) shall— (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 3; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 3. | https://www.govinfo.gov/content/pkg/BILLS-113hr3301ih/xml/BILLS-113hr3301ih.xml |
113-hr-3302 | I 113th CONGRESS 1st Session H. R. 3302 IN THE HOUSE OF REPRESENTATIVES AN ACT To name the Department of Veterans Affairs medical center in Bay Pines, Florida, as the C.W. Bill Young Department of Veterans Affairs Medical Center .
1. Name of Department of Veterans Affairs medical center, Bay Pines, Florida The Department of Veterans Affairs medical center in Bay Pines, Florida, shall after the date of the enactment of this Act be known and designated as the C.W. Bill Young Department of Veterans Affairs Medical Center . Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the C.W. Bill Young Department of Veterans Affairs Medical Center.
Passed the House of Representatives October 22, 2013. Karen L. Haas, Clerk. | https://www.govinfo.gov/content/pkg/BILLS-113hr3302eh/xml/BILLS-113hr3302eh.xml |
113-hr-3303 | I 113th CONGRESS 1st Session H. R. 3303 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mrs. Blackburn (for herself, Mr. Gene Green of Texas , Mr. Walden , Ms. DeGette , Mr. Butterfield , and Mr. Gingrey of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for regulating medical software, and for other purposes.
1. Short title This Act may be cited as the Sensible Oversight for Technology which Advances Regulatory Efficiency Act of 2013 or the SOFTWARE Act of 2013 . 2. Medical software (a) Definition of medical software Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (ss) The term medical software means software that is intended for human or animal use and— (1) (A) is intended to be marketed to directly change the structure or any function of the body of man or other animals; or (B) is intended to be marketed for use by consumers and makes recommendations for clinical action that— (i) includes the use of a drug, device, or procedure to cure or treat a disease or other condition without requiring the involvement of a health care provider; and (ii) if followed, would change the structure or any function of the body of man or other animals; (2) is not software whose primary purpose is integral to the functioning of a drug or device; and (3) is not a component of a device. . (b) Regulation Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Medical software (a) In general The provisions of this Act shall apply with respect to medical software to the same extent and in the same manner as such provisions apply with respect to devices. (b) Delegation The Secretary shall delegate primary jurisdiction for regulating medical software to the center at the Food and Drug Administration charged with regulating devices. . 3. Clinical software and health software (a) Definitions Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ), as amended by section 2(a), is further amended by adding at the end the following: (tt) (1) The term clinical software means clinical decision support software or other software (including any associated hardware and process dependencies) intended for human or animal use that— (A) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and (B) is intended to be marketed for use only by a health care provider in a health care setting. (2) The term health software means software (including any associated hardware and process dependencies) that is not medical software or clinical software and— (A) that captures, analyzes, changes, or presents patient or population clinical data or information; (B) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (C) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. . (b) Prohibition Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ), as amended by section 2(b), is further amended by adding at the end the following: 524C. Clinical software and health software Clinical software and health software shall not be subject to regulation under this Act. . (c) Sense of Congress It is the sense of the Congress that— (1) clinical software and health software (as defined in section 201(tt) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a))— (A) advance the goals of enhanced patient safety and continued innovation; (B) hold much promise to lower costs and improve the health of patients; and (C) can improve the quality and efficacy of health care provider services; and (2) the President and the Congress should work together to develop and enact legislation that establishes a risk-based regulatory framework for such clinical software and health software that reduces regulatory burdens, promotes patient safety, and fosters innovation. 4. Exclusion from definition of device Section 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended— (1) in paragraph (2), by striking or other animals, or and inserting or other animals, ; (2) in paragraph (3), by striking and ; and (3) by inserting after paragraph (3) the following new paragraphs: (4) is not medical software, or (5) is not clinical software or health software, and . | https://www.govinfo.gov/content/pkg/BILLS-113hr3303ih/xml/BILLS-113hr3303ih.xml |
113-hr-3304 | I 113th CONGRESS 1st Session H. R. 3304 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Deutch (for himself, Mr. Rogers of Alabama , Mr. Bridenstine , Mr. Rooney , Mr. Aderholt , Mr. Bachus , Mr. Bishop of Utah , Ms. Bordallo , Mr. Boustany , Mr. Brady of Pennsylvania , Mr. Brooks of Alabama , Mr. Carson of Indiana , Mr. Cartwright , Mr. Castro of Texas , Mr. Cole , Mr. Conaway , Mr. Cook , Mr. Cooper , Mr. Crowley , Mrs. Davis of California , Mr. Engel , Mr. Enyart , Mr. Fincher , Mr. Flores , Mr. Forbes , Mr. Franks of Arizona , Mr. Gallego , Mr. Garcia , Mr. Gibson , Mr. Grayson , Mr. Hastings of Florida , Mr. Holt , Mr. Hunter , Mr. Jones , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mr. Lamborn , Mr. Langevin , Mr. LoBiondo , Mr. Loebsack , Mr. McKeon , Ms. Meng , Mr. Miller of Florida , Mrs. Miller of Michigan , Mr. Murphy of Florida , Mr. Nugent , Mr. Olson , Mr. Peterson , Mr. Rigell , Mrs. Roby , Ms. Ros-Lehtinen , Mr. Runyan , Mr. Schiff , Mr. Schweikert , Mr. Austin Scott of Georgia , Ms. Sewell of Alabama , Ms. Shea-Porter , Mr. Shuster , Mr. Stewart , Mr. Stockman , Mr. Thornberry , Ms. Tsongas , Mr. Turner , Mrs. Wagner , Ms. Wasserman Schultz , Mr. Waxman , Mr. Welch , Mr. Wilson of South Carolina , Ms. Wilson of Florida , Mr. Wittman , Ms. Hanabusa , Mr. King of New York , Mr. Hanna , Mrs. Noem , Ms. Frankel of Florida , Mr. Barber , Mr. Larsen of Washington , and Mr. Rice of South Carolina ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize and request the President to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United States Army for acts of valor during the Vietnam Conflict and to authorize the award of the Medal of Honor to certain other veterans who were previously recommended for award of the Medal of Honor.
1. Authorization and request for award of Medal of Honor to Bennie G. Adkins for acts of valor during the Vietnam Conflict (a) Authorization Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to Bennie G. Adkins of the United States Army for the acts of valor during the Vietnam Conflict described in subsection (b). (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of then Sergeant First Class Bennie G. Adkins of the United States Army serving with Special Forces Detachment A–102 from March 9 to 12, 1966, during the Vietnam Conflict for which he was originally awarded the Distinguished Service Cross. 2. Authorization and request for award of Medal of Honor to Donald P. Sloat for acts of valor during the Vietnam Conflict (a) Authorization Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to Donald P. Sloat of the United States Army for the acts of valor during the Vietnam Conflict described in subsection (b). (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of then Specialist Four Donald P. Sloat of the United States Army serving with 3rd Platoon, Delta Company, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade, Americal Division on January 17, 1970, during the Vietnam Conflict. 3. Authorization for award of Medal of Honor to former members of the Armed Forces previously recommended for award of the Medal of Honor Section 552(e) of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 10 U.S.C. 3741 note) is amended— (1) by inserting (1) after Honor .— ; and (2) by adding at the end the following new paragraph: (2) In addition to the authority provided by paragraph (1), a Medal of Honor may be awarded to a veteran of the Armed Forces who, although not a Jewish-American war veteran or Hispanic-American war veteran described in subsection (b), was identified during the review of service records conducted under subsection (a) and regarding whom the Secretary of Defense submitted, before January 1, 2014, a recommendation to the President that the President award the Medal of Honor to that veteran. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3304ih/xml/BILLS-113hr3304ih.xml |
113-hr-3305 | I 113th CONGRESS 1st Session H. R. 3305 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Fitzpatrick (for himself, Mr. Franks of Arizona , Mr. Garcia , Mr. Brady of Pennsylvania , Mr. Jones , Mr. Meeks , Mr. Enyart , Mr. Tiberi , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the circulation of $1 coins, to remove barriers to the circulation of such coins, and for other purposes.
1. Short title This Act may be cited as the Currency Optimization, Innovation, and National Savings Act . 2. Improving circulation and removing barriers to circulation of $1 coins (a) Duties of the Board of Governors of the Federal Reserve System (1) Coin sequestration (A) In general Within six months of the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979–1981 and again in 1999. (B) Treatment of coins Coins sequestered pursuant to subparagraph (A) shall not be returned to ordinary circulation or otherwise released from storage controlled by the Federal Reserve System or an agent of the Federal Reserve System. (C) Exception for certain uses Notwithstanding subparagraph (B), coins sequestered pursuant to subparagraph (A) may be released, at face value and in bulk quantities— (i) to dealers in collectible coins; and (ii) to countries that have adopted the United States dollar as their base unit of exchange. (D) Obsolete coins At the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall declare all coins described under subparagraph (A) to be obsolete, and such coins— (i) shall be treated in the same manner as all other obsolete United States coins; and (ii) to the extent such coins remain in general circulation, shall remain legal tender. (2) Quarterly report on $1 coins The Board of Governors of the Federal Reserve System shall issue quarterly reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (A) the number of coins sequestered pursuant to paragraph (1)(A); (B) the number of coins described in paragraph (1)(A) that remain in general circulation; and (C) efforts that have been made to reduce the number of coins described in subparagraphs (A) and (B) to zero. (3) Improvement of circulation The Board of Governors of the Federal Reserve System shall— (A) undertake efforts to improve the circulation and remove barriers to the circulation of the $1 coin, other than those coins described under paragraph (1)(A); (B) issue a quarterly report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (i) what efforts have been made to improve the circulation of $1 coins and what efforts are being planned to improve the circulation of $1 coins; (ii) the success of such efforts, including an analysis of such coins held in storage owned or controlled by the Federal Reserve System and the number of such coins in circulation; (iii) barriers to the circulation of such coins, including the availability of such coins in quantities unmixed with the $1 coins described in paragraph (1)(A); and (iv) the extent to which the Federal Reserve System and any agents of the Federal Reserve System are unable to meet end-user requests for delivery of unmixed quantities of such coins in whatever form such end user requires, including rolls, disposable tubes, or volume bags of such coins. (4) Outreach and education The Board of Governors of the Federal Reserve System shall continuously conduct outreach and education programs aimed at helping each business using or accepting cash to choose the best mix of $1 coins and banknotes to facilitate transactions and reduce costs of transactions and of cashing out at the end of a transaction period. (5) Report on Native American coins Not later than the end of the 3-month period beginning on the date of the enactment of this Act, and annually thereafter, the Board of Governors of the Federal Reserve System shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the Board’s efforts to improve the circulation of, and remove barriers to the circulation of, $1 coins bearing the so-called Native American designs, including any efforts to institute an introductory period for each new Native American design of the $1 coin during which quantities are available unmixed with other designs. (6) Use of $1 coins by foreign countries The Board of Governors of the Federal Reserve System shall work with the Departments of State and the Treasury to ensure that countries that have adopted the dollar as a base unit of exchange and which place orders with the Federal Reserve System, or through any United States financial institution, for supplies of $1 monetary units, are fully briefed before placing each such order on the durability and longevity of $1 coins in high-circulation economies when used for transactions of a low dollar value. (b) Publicity requirement Section 5112(p)(2) of title 31, United States Code, is amended by inserting after Mint the following: and the Board of Governors of the Federal Reserve System . (c) Report on implementation Not later than the end of the 1-year period beginning on the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States and the Inspector General of the Federal Reserve System and the Bureau of Consumer Financial Protection shall each issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on steps being taken by the Board of Governors of the Federal Reserve System to carry out this Act. (d) Clarification with respect to seigniorage The ninth proviso of section 5136 of title 31, United States Code, is amended, by inserting after miscellaneous receipts the following: and such amount shall be included as an estimated receipt of the Government and a receipt of the Government under paragraphs (6) and (7), respectively, of section 1105(a) in any budget submitted under such section . 3. Saving taxpayers funds by transitioning to the use of $1 coins (a) In general It is the policy of the United States that after $1 coins achieve sufficient market penetration such that consumers and retailers are comfortable using $1 coins and are able to obtain adequate supplies of $1 coins, $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System. (b) Deadline for placing $1 Federal Reserve notes into circulation Federal Reserve banks may continue to place into circulation $1 Federal Reserve notes until the earlier of— (1) the date on which the number of $1 coins placed into circulation after the date of the enactment of this Act exceeds 600,000,000 annually; or (2) the date that is 4 years after the date of the enactment of this Act. (c) Transition period After the date referred to in subsection (b), a Federal Reserve bank may not order additional $1 Federal Reserve notes but may, for a period of one year, continue to place into circulation $1 Federal Reserve notes on hand or those deposited with it, except for notes described in subparagraph (d). (d) Removal of unfit currency After the date referred to in subparagraph (b), a Federal Reserve bank shall continue to remove unfit currency from circulation, and shall continue to destroy such currency. (e) Exception Notwithstanding subsections (b) and (c), the Board of Governors of the Federal Reserve System shall produce such Federal Reserve notes of $1 denomination as the Board determines from time to time are appropriate solely to meet the needs of collectors of that denomination. Such notes shall be issued by one or more Federal Reserve banks in accordance with section 16 of the Federal Reserve Act and sold by the Board, in whole or in part, under procedures prescribed by the Board. (f) No effect on legal tender Notwithstanding any other subsection of this section, $1 Federal Reserve notes are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of printing or issue. | https://www.govinfo.gov/content/pkg/BILLS-113hr3305ih/xml/BILLS-113hr3305ih.xml |
113-hr-3306 | I 113th CONGRESS 1st Session H. R. 3306 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Harper (for himself, Mr. Thompson of California , Mr. Nunes , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote and expand the application of telehealth under Medicare and other Federal health care programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Telehealth Enhancement Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Strengthening Medicare through telehealth Sec. 101. Positive incentive for Medicare’s hospital readmissions reduction program. Sec. 102. Health homes and medical homes. Sec. 103. Flexibility in accountable care organizations coverage of telehealth. Sec. 104. Recognizing telehealth services and remote patient monitoring in national pilot program on payment bundling. Sec. 105. Additional sites to be considered originating sites for purposes of payments for telehealth services under Medicare. Title II—Enhancing Medicaid through telehealth Sec. 201. Medicaid option for high-risk pregnancies and births. Title III—Improving telecommunications for medical delivery Sec. 301. Additional providers considered health care providers for purposes of universal service support. Sec. 302. No consideration of provider location in rules enhancing health care provider access to advanced telecommunications and information services. I Strengthening Medicare through telehealth 101. Positive incentive for Medicare’s hospital readmissions reduction program Section 1886(q) of the Social Security Act ( 42 U.S.C. 1395ww(q) ) is amended by adding at the end the following new paragraph: (9) Positive incentive for reduced readmissions (A) In general With respect to payment for discharges occurring during a fiscal year beginning on or after October 1, 2014, in order to provide a positive incentive for hospitals described in subparagraph (B) to lower their excess readmission ratios, the Secretary shall make an additional payment to a hospital in such proportion as provides for a sharing of the savings from such better-than-expected performance between the hospital and the program under this title. (B) Hospital described A hospital described in this subparagraph is an applicable hospital (as defined in paragraph (5)(C)) not subject to a payment change under paragraph (1) and for which the positive readmission ratio (described in subparagraph (C)) is greater than 1. (C) Positive readmission ratio The positive readmission ratio described in this subparagraph for a hospital is the ratio of— (i) the risk adjusted expected readmissions (described in subclause (II) of paragraph (4)(C)(i)); to (ii) the risk adjusted readmissions based on actual readmissions (described in subclause (I) of such paragraph). . 102. Health homes and medical homes (a) Medicare chronic care counterpart to Medicaid health home (1) In general Title XVIII of the Social Security Act is amended by adding at the end the following new section: 1899B. Medicare health home for individuals with chronic conditions (a) In general In the case of a State that has amended its State plan under title XIX in accordance with the option described in section 1945, the Secretary may contract with the State medical assistance agency with a program under such section to serve eligible individuals with chronic conditions who select a designated provider, a team of health care professionals operating with such a provider, or a health team as the individual’s health home for purposes of providing the individual with health home services in the same manner as provided under its State plan amendment. (b) Health home qualification standards The standards established by the Secretary under section 1945(b) for qualification as a designated provider shall apply under this section for the purpose of being eligible to be a health home for purposes of section 1945. (c) Payments Payments shall be made under this section in the same manner to a provider or team as payments are made under subsection (c) of section 1945, including the use of the payment methodology described in paragraph (2) of such subsection. (d) Hospital referrals Hospitals that are participating providers under this section shall establish procedures for referring any eligible individuals with chronic conditions who seek or need treatment in a hospital emergency department to designated providers in the same manner as required under section 1945(d). (e) Monitoring and report on quality The methodology and proposal required under subsection (f) of section 1945 and the report on quality measures under subsection (f) of such section shall also apply under this section. (f) Report on quality measures As a condition for receiving payment for health home services provided to an eligible individual with chronic conditions, a designated provider shall report, in accordance with such requirements as the Secretary shall specify, including a plan for the use of remote patient monitoring, on all applicable measures for determining the quality of such services. When appropriate and feasible, a designated provider shall use health information technology in providing the Secretary with such information. (g) Definitions In this section, the provisions and definitions contained in subsection (h) of section 1945 shall also apply for purposes of this section except that, instead of the requirement specified in clause (i) of subsection (h)(1)(A) of such section, an individual must be eligible for services under parts A and B and covered for medical assistance for health home services under section 1945 in order to be an eligible individual with chronic conditions. (h) Evidence-Based and reporting In contracting with a State under this section, the State— (1) shall follow evidence-based guidelines for chronic care; and (2) shall report at least by the end of every month data specified by the Secretary, including an assessment of the use of remote patient monitoring and quality measures of process, outcome, and structure. (i) Waiver authority (1) In general The limitations on telehealth under section 1834(m) shall not apply for purposes of this section. (2) Secretary authority The Secretary may waive such other requirements of this title and title XIX as may be necessary to carry out the provisions of this section. . (2) Reporting (A) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall survey States contracting under section 1899B of the Social Security Act, as added by paragraph (1), on the nature, extent, and use of the option under such section particularly as it pertains to— (i) hospital admission rates; (ii) chronic disease management; (iii) coordination of care for individuals with chronic conditions; (iv) assessment of program implementation; (v) processes and lessons learned (as described in subparagraph (B)); (vi) assessment of quality improvements and clinical outcomes under such option; and (vii) estimates of cost savings. (B) Implementation reporting Such a State shall report to the Secretary, as necessary, on processes that have been developed and lessons learned regarding provision of coordinated care through a health home for beneficiaries with chronic conditions under such option. (b) Specialty medical homes Title XVIII of the Social Security Act, as amended by subsection (a), is further amended by adding at the end the following new section: 1899C. Specialty medical homes (a) In general Beginning not later than 30 days after the date of the enactment of this section, the Secretary may contract with a national or multi-state regional center of excellence with a network of affiliated local providers to provide through one or more medical homes for targeted, accessible, continuous, and coordinated care to individuals under this title and title XIX with a long-term illness or medical condition that requires regular medical treatment, advising, and monitoring. (b) Medical home defined In this section, the term medical home means a medical entity that— (1) specializes in the care for a specific long-term illness or medical condition, including related comorbidities; (2) leads the development of related evidence-based clinical standards and research; (3) has a network of affiliated personal physicians and patient treatment facilities; (4) maintains an online Web site for patient and provider communication and collaboration and patient access to the patient’s health information; (5) has a plan for use of health information technology in providing services under this section and improving service delivery and coordination across the care continuum (including the use of wireless patient technology to improve coordination and remote patient monitoring management of care and patient adherence to recommendations made by their provider); (6) provides deidentified demographic data sets for clinical, statistical, and social science research to develop culturally competent best practices and clinical decision support mechanisms for the long-term illness or medical condition; (7) uses a health assessment tool for the individuals targeted, including a means for identifying those most likely to benefit from remote patient monitoring; and (8) provides training programs for personnel involved in the coordination of care. (c) Personal physician defined (1) In general In this section, the term personal physician means a physician (as defined in section 1861(r)(1)) who meets the requirements described in paragraphs (2) and (3). Nothing in this paragraph shall be construed as preventing a personal physician from being a specialist or subspecialist for an individual requiring ongoing care for a specific chronic condition or multiple chronic conditions or for an individual with a long-term illness or medical condition. (2) General requirements The requirements described in this paragraph for a personal physician for care of an individual are as follows: (A) The physician is board certified for care of the specific illness or condition of the individual and manages continuous care for the individual. (B) The physician has the staff and resources to manage the comprehensive and coordinated health care of such individual. (3) Service-related requirements The requirements described in this paragraph for a personal physician are as follows: (A) The personal physician advocates for and provides ongoing support, oversight, and guidance to implement a plan of care that provides an integrated, coherent, cross-discipline plan for ongoing medical care developed in partnership with patients and including all other physicians furnishing care to the patient involved and other appropriate medical personnel or agencies (such as home health agencies). (B) The personal physician uses evidence-based medicine and clinical decision support tools to guide decisionmaking at the point-of-care based on patient-specific factors. (C) The personal physician is in compliance with the standards for meaningful use of electronic health records under this title. (D) The personal physician participates with the State’s health information exchange, as available, or the federally sponsored Direct Project. (E) The personal physician uses health information technology, including appropriate remote monitoring, to monitor and track the health status of patients and to provide patients with enhanced and convenient access to health care services. (F) The personal physician uses electronic prescribing and provides medication management. (G) The personal physician encourages patients to engage in the management of their own health through education and support systems. (H) The personal physician utilizes the services of related health professionals, including nurse practitioners and physician assistants. (d) Long-Term illness or medical condition defined In this section, the term long-term illness or medical condition — (1) includes a chronic condition which meets criteria specified by the Secretary for a specialized MA plan for special needs individuals; and (2) also includes another condition that the Secretary determines would provide a beneficial focus for an effective and efficient medical home. (e) Payment mechanisms (1) Medical home care management fee and medical home sharing in savings Except as provided in paragraph (2)— (A) Medical home care management fee Under this section the Secretary shall provide for payment under section 1848 of a care management fee to the medical home and may include performance incentives. The medical home shall arrange for payment for the services of affiliated physicians and facilities. (B) Medical home sharing in savings The Secretary shall provide for payment under this section of a medical home based on the payment methodology applied to health group practices under section 1866A. Under such methodology, 80 percent of the reductions in expenditures under this title and title XIX resulting from participation of individuals that are attributable to the medical home (as reduced by the total care management fees paid to the medical home under this section) shall be paid to the medical home. The amount of such reductions in expenditures shall be determined by using assumptions with respect to reductions in the occurrence of health complications, hospitalization rates, medical errors, and adverse drug reactions. (2) Alternative payment model (A) In general The Secretary may provide for payment under this paragraph instead of the amounts otherwise payable under paragraph (1). (B) Establishment of target spending level For purposes of this paragraph, the Secretary shall compute an estimated annual spending target based on the amount the Secretary estimates would have been spent in the absence of this section, for items and services covered under parts A and B furnished to applicable beneficiaries for each qualifying medical home under this section. Such spending targets shall be determined on a per capita basis. Such spending targets shall include a risk corridor that takes into account normal variation in expenditures for items and services covered under parts A and B furnished to such beneficiaries with the size of the corridor being related to the number of applicable beneficiaries furnished services by each medical home. The spending targets may also be adjusted for such other factors as the Secretary determines appropriate. (C) Incentive payments Subject to performance on quality measures, a qualifying medical home is eligible to receive an incentive payment under this section if actual expenditures for a year for the applicable beneficiaries it enrolls are less than the estimated spending target established under subparagraph (B) for such year. An incentive payment for such year shall be equal to a portion (as determined by the Secretary) of the amount by which actual expenditures (including incentive payments under this paragraph) for applicable beneficiaries under parts A and B for such year are estimated to be less than 95 percent of the estimated spending target for such year, as determined under subparagraph (B). (3) Source Payments paid under this section shall be made in appropriate proportions (as specified by the Secretary) from the Hospital Insurance Trust Fund, the Federal Supplementary Medical Insurance Trust Fund, and funds appropriated to carry out title XIX. (f) Evidence-Based The contracting entity shall follow evidence-based guidelines for care of the long-term illness or medical condition under this section. (g) Patient services quality and performance reporting The contracting entity shall report at least by the end of every month data specified by the Secretary on the operation of this section, including quality measures of process, outcome, and structure. (h) Waiver authority (1) In general The limitations on telehealth under section 1834(m) shall not apply for purposes of this section. (2) Secretary authority The Secretary may waive such other requirements of this title and title XIX as may be necessary to carry out the provisions of this section. . 103. Flexibility in accountable care organizations coverage of telehealth Section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ) is amended by adding at the end the following new subsection: (l) Flexibility for telehealth (1) Provision as supplemental benefits Notwithstanding any other provision of this section, an ACO may include coverage of telehealth and remote patient monitoring services as supplemental health care benefits to the same extent as a Medicare Advantage plan is permitted to provide coverage of such services as supplemental health care benefits under section 1852(a)(3)(A). (2) Provision in connection with home health services Nothing in this section shall be construed as preventing an ACO from including payments for remote patient monitoring and home-based video conferencing services in connection with the provision of home health services (under conditions for which payment for such services would not be made under section 1895 for such services) in a manner that is financially equivalent to the furnishing of a home health visit. . 104. Recognizing telehealth services and remote patient monitoring in national pilot program on payment bundling Section 1866D(a)(2) of the Social Security Act ( 42 U.S.C. 1395cc–4(a)(2) ) is amended— (1) in subparagraph (B), by striking 10 conditions and inserting the conditions ; (2) in subparagraph (C)— (A) by redesignating clause (v) as clause (vi); and (B) by inserting after clause (iv) the following new clause: (v) Telehealth and remote patient monitoring services. ; and (3) in subparagraph (D)(i)(III), by inserting before the period at the end the following: (and such longer period in the case of the use of telehealth and remote patient monitoring services as the Secretary may specify) . 105. Additional sites to be considered originating sites for purposes of payments for telehealth services under Medicare (a) In general Section 1834(m)(4) of the Social Security Act ( 42 U.S.C. 1395m(m)(4) ) is amended— (1) in subparagraph (C)— (A) in clause (i), by striking The term and inserting Subject to clause (iii), the term ; and (B) by adding at the end the following new clause: (iii) Additional originating sites The term originating site also includes the following sites, whether or not they are located in an area described in clause (i), insofar as such sites are not otherwise included in the definition of originating site under such clause: (I) A critical access hospital (as described in clause (ii)(II)). (II) A sole community hospital (as defined in section 1886(d)(5)(D)(iii)). (III) A home telehealth site (as defined in subparagraph (G)(i)). (IV) A site described in clause (ii) that is located in a county with a population of less than 25,000, according to the most recent decennial census or in an area that was not included in a Metropolitan Statistical Area on any date in 2000. (V) A site described in clause (ii) with respect to services related to the evaluation or treatment of an acute stroke. ; and (2) by adding at the end the following new subparagraph: (G) Home telehealth site (i) Home telehealth site The term home telehealth site means, with respect to a telehealth service described in clause (ii) furnished to an individual, the in a place of residence used as the home of such individual. (ii) Telehealth services described A telehealth service described in this clause is a telehealth service that is— (I) related to the provision of hospice care or home dialysis; or (II) furnished to an individual who is determined to be homebound (as defined for purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A)(i)), including such an individual for whom a certification or recertification described in such section is in effect with respect to home health services. . (b) No originating site facility fee for new sites Section 1834(m)(2)(B) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B) ) is amended by inserting after the originating site the following: (other than an additional originating site described in paragraph (4)(C)(iii)) . (c) Application of telecommunication systems definition to critical access hospitals and sole community hospitals The second sentence of section 1834(m)(1) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by inserting any telehealth services furnished or received at a critical access hospital (as described in paragraph (4)(C)(ii)(II)) or a sole community hospital (as defined in section 1886(d)(5)(D)(iii)) or of after in the case of . (d) Site of care for purposes of determining health care liability Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (5) Site of care for purposes of health care liability For purposes of determining health care liability with respect to telehealth services for which payment is made under this subsection, such service shall be considered to be furnished at the distant site. . (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to services furnished on or after January 1, 2014. (2) Change in MSA rule The amendment made by subsection (a)(1)(B)(ii) shall apply with respect to telehealth services furnished on or after February 28, 2013. II Enhancing Medicaid through telehealth 201. Medicaid option for high-risk pregnancies and births (a) In general Title XIX of the Social Security Act is amended by adding at the end the following new section: 1947. State option to provide coordinated care for enrollees with high-risk pregnancies and births (a) In general Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this section, beginning 6 months after the date of the enactment of this section, a State, at its option as a State plan amendment, may provide for medical assistance under this title to eligible individuals for maternal-fetal and neonatal care who select a designated provider (as described under subsection (h)(5)), a team of health care professionals (as described under subsection (h)(6)) operating with such a provider, or a health team (as described under subsection (h)(7)) as the individual’s birthing network for purposes of providing the individual with pregnancy-related services. (b) Qualification standards The Secretary shall establish standards for qualification as a designated provider for the purpose of being eligible to be a birthing network for purposes of this section. (c) Payments (1) In general A State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of birthing network services to each eligible individual for maternal-fetal and neonatal care that selects such provider, team of health care professionals, or health team as the individual’s birthing network. Payments made to a designated provider, a team of health care professionals operating with such a provider, or a health team for such services shall be treated as medical assistance for purposes of section 1903(a), except that, during the first 8 fiscal year quarters that the State plan amendment is in effect, the Federal medical assistance percentage applicable to such payments shall be equal to 90 percent. (2) Savings target As a condition for approval of a State plan amendment and payment methodology under this section, the State shall provide the Secretary with assurances that the amendment and methodology shall be projected to reduce the amount of expenditures for pregnancy-related services otherwise made under this title by one percent for each 4-calendar-quarter period during the first 40 calendar quarters in which the amendment is in effect. (3) Methodology (A) In general The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of birthing network services. Such methodology for determining payment shall be established consistent with section 1902(a)(30)(A). (B) Innovative models of payment The methodology for determining payment for provision of birthing network services under this section shall not be limited to a per-member per-month basis and may provide (as proposed by the State and subject to approval by the Secretary) for alternate models of payment, including bundled per episode, performance incentives, and shared savings. (4) Planning grants (A) In general Beginning 30 days after the date of the enactment of this section, the Secretary may award planning grants to States for purposes of developing a State plan amendment under this section. A planning grant awarded to a State or a multi-state collaborative under this paragraph shall remain available until expended. (B) Limitation The total amount of payments made to States under this paragraph shall not exceed $25,000,000. (d) Report on quality measures As a condition for receiving payment for birthing network services provided to an eligible individual for maternal-fetal and neonatal care, a designated provider shall report monthly to the State, in accordance with such requirements as the Secretary shall specify, on all applicable measures for determining the quality of such services. When appropriate and feasible, a designated provider shall use health information technology in providing the State with such information. (e) Evidence-Based The birthing network shall adapt, update, and follow evidence-based guidelines for maternal-fetal and neonatal care. (f) Definitions In this section: (1) Eligible individual for maternal-fetal and neonatal care (A) In general Subject to subparagraph (B), the term eligible individual means an individual who— (i) is eligible for medical assistance under the State plan or under a waiver of such plan; and (ii) (I) is pregnant (or was pregnant during the immediately preceding 30 day period); or (II) is the child of an individual described in clause (i) and under 30 days old. (B) Rule of construction Nothing in this paragraph shall prevent the Secretary from establishing other requirements for purposes of determining eligibility for receipt of birthing network services under this section. (2) Birthing network The term birthing network means a designated provider (including a provider that operates in coordination with a team of health care professionals) or a health team selected by an eligible individual to provide birthing network services. (3) Birthing network services (A) In general The term birthing network services means comprehensive and timely high-quality services described in subparagraph (B) that are provided by a designated provider, a team of health care professionals operating with such a provider, or a health team and are identified in a provider registry. (B) Services described The services described in this subparagraph are— (i) comprehensive care coordination; (ii) health promotion; (iii) a call center to offer 24-hour physician support for consultations with maternal-fetal medicine specialists, when requested, regarding patient management issues; (iv) newborn screening, including for heart defects and to reduce newborn hospital readmissions; (v) patient and family support (including authorized representatives); (vi) referral to community and social support services, if relevant; and (vii) use of health information technology to link services and provide monitoring, as feasible and appropriate. (4) Designated provider The term designated provider means a physician, clinical practice or clinical group practice, rural clinic, community health center, public health agency, home health agency, or any other entity or provider (including pediatricians, gynecologists, and obstetricians) that is determined by the State and approved by the Secretary to be qualified to be a birthing network for eligible individuals on the basis of documentation evidencing that the physician, practice, or clinic— (A) has the systems and infrastructure in place to provide birthing network services; and (B) satisfies the qualification standards established by the Secretary under subsection (b) and paragraph (7)(B). (5) Team of health care professionals The term team of health care professionals means a team of health professionals (as described in the State plan amendment) that may— (A) include physicians and other professionals, such as a nurse care coordinator, midwife, nutritionist, social worker, behavioral health professional, or any professionals deemed appropriate by the State; and (B) be free standing, virtual, or based at a hospital, community health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity deemed appropriate by the State and approved by the Secretary. (6) Health team The term health team has the meaning given such term for purposes of section 3502 of the Patient Protection and Affordable Care Act. (7) Birthing data and exchange (A) Proposal for use of health information technology A State shall include in the State plan amendment a proposal for use of health information technology in providing birthing network services under this section and improving service delivery and coordination across the care continuum (including the use of wireless patient technology to improve coordination and management of care and patient adherence to recommendations made by their provider). (B) Information requirements for birthing networks The birthing network shall— (i) be in compliance with the Medicaid standards for meaningful use of electronic health records; (ii) participate with the State’s health information exchange, as available, or operate an exchange among the birthing network; (iii) collect demographic information on participating newborns and mothers; (iv) use demographic and event-based data to identify patients that are likely going to need short or long-term follow-up; and (v) providing de-identified demographic data sets for statistical and social science research to develop culturally competent best practices and clinical decision support mechanisms for maternal-fetal and neonatal care. . (b) Patient services quality and performance reporting (1) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall survey States that have elected the option under section 1947 of the Social Security Act, as added by section (a), on the nature, extent, and use of such option, particularly as it pertains to— (A) terms of pregnancies; (B) use of prenatal fetal monitoring; (C) use of Caesarean section procedures; (D) use of neonatal intensive care services; (E) incidence of birthing complications; (F) incidence of infant and maternal mortality; (G) coordination of maternal-fetal and neonatal care for individuals; (H) assessment of program implementation; (I) processes and lessons learned (as described in subparagraph (B)); (J) assessment of quality improvements and clinical outcomes under such option; and (K) participating mothers’ assessment of performance, quality, convenience, and satisfaction. (2) Implementation reporting A State that has elected the option under such section shall report to the Secretary, as necessary, on processes that have been developed and lessons learned regarding provision of coordinated care through a birthing network for Medicaid beneficiaries for maternal-fetal and neonatal care under such option. III Improving telecommunications for medical delivery 301. Additional providers considered health care providers for purposes of universal service support Subparagraph (B) of section 254(h)(7) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(7) ) is amended— (1) in clause (vi), by striking and ; (2) in clause (vii), by striking clauses (i) through (vi) and inserting clauses (i) through (ix) ; (3) by redesignating clause (vii) as clause (x); and (4) by inserting after clause (vi) the following new clauses: (vii) ambulance providers and other emergency medical transport providers; (viii) health clinics of elementary and secondary schools and post-secondary educational institutions; (ix) sites where telehealth services are provided under section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) or under a State plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ); and . 302. No consideration of provider location in rules enhancing health care provider access to advanced telecommunications and information services Section 254(h)(2)(A) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(2)(A) ) is amended by inserting (regardless of the location of such providers) after health care providers . | https://www.govinfo.gov/content/pkg/BILLS-113hr3306ih/xml/BILLS-113hr3306ih.xml |
113-hr-3307 | I 113th CONGRESS 1st Session H. R. 3307 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Israel introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize microenterprise assistance for renewable energy projects in developing countries.
1. Short title This Act may cited as the Solar Villages Initiative Act . 2. Microenterprise assistance for renewable energy projects in developing countries (a) In general The President, acting through the Administrator of the United States Agency for International Development and in consultation with the Secretary of State and the Secretary of Energy, is authorized to provide assistance for renewable energy projects described in subsection (b) in developing countries to increase the availability of credit, savings, and other services to microfinance and microenterprise clients lacking full access to capital, training, technical assistance, and business development services. (b) Types of projects The renewable energy projects described in this subsection include projects to assist small and micro businesses that loan or sell solar lanterns or lamps and other solar energy technologies. (c) Priority In providing assistance under subsection (a), the President shall give priority to empowering female-owned businesses in developing countries. (d) Relation to existing authorities Assistance provided under subsection (a) shall be made available under the authorities of section 252 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2211a ). (e) Authorization of appropriations There is authorized to be appropriated to the President to carry out this section $5,000,000 for fiscal year 2015, $5,000,000 for fiscal year 2016, $7,500,000 for fiscal year 2017, $7,500,000 for fiscal year 2018, $10,000,000 for fiscal year 2019, and $15,000,000 for fiscal year 2020. | https://www.govinfo.gov/content/pkg/BILLS-113hr3307ih/xml/BILLS-113hr3307ih.xml |
113-hr-3308 | I 113th CONGRESS 1st Session H. R. 3308 IN THE HOUSE OF REPRESENTATIVES October 22, 2013 Mr. Long (for himself and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require a Federal agency to include language in certain educational and advertising materials indicating that such materials are produced and disseminated at taxpayer expense.
1. Short title This Act may be cited as the Taxpayer Transparency Act of 2013 . 2. Requirements for Printed Materials and Advertisements by Federal Agencies (a) Identification of funding sources Each communication funded by a Federal agency for advertising or educational purposes shall clearly state— (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, the Internet, or any means other than the means referred to in paragraph (1), that the communication is produced and disseminated at taxpayer expense. (b) Additional requirements (1) Printed communication Any printed communication described under paragraph (1) of subsection (a) shall— (A) be of sufficient type size to be clearly readable by the recipient of the communication; (B) be contained in a printed box set apart from the other contents of the communication; and (C) be printed with a reasonable degree of color contrast between the background and the printed statement. (2) Radio, television, and Internet communication (A) Audio communication Any audio communication described under paragraph (2) of subsection (a) shall include an audio statement in a clearly spoken manner indicating that the communication is produced and disseminated at taxpayer expense. (B) Video communication Any video communication described under paragraph (2) of subsection (a) shall include a statement indicating that the communication is produced and disseminated at taxpayer expense. Such statement— (i) shall be conveyed in a clearly spoken manner; (ii) shall be conveyed by a voice-over or screen view of the person making the statement; and (iii) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (C) E-mail communication Any e-mail communication described under paragraph (2) of subsection (a) shall— (i) be of sufficient type size to be clearly readable by the recipient of the communication; (ii) be set apart from the other contents of the communication; and (iii) be displayed with a reasonable degree of color contrast between the background and the printed statement. (c) Exceptions Subsections (a) and (b) do not apply to— (1) information in or relating to a solicitation for offers for a Federal contract; and (2) advertisements for employment opportunities, not including advertising materials developed for use for recruitment and retention of personnel for the Armed Forces. (d) Definitions In this Act: (1) Federal agency The term Federal agency has the meaning given the term Executive agency in section 133 of title 41, United States Code. (2) Mass mailing The term mass mailing means any mailing or distribution of 499 or more newsletters, pamphlets, or other printed matter with substantially identical content, whether such matter is deposited singly or in bulk, or at the same time or different times, except that such term does not include any mailing— (A) in direct response to a communication from a person to whom the matter is mailed; or (B) of a news release to the communications media. (e) Source of Funds The funds used by a Federal agency to carry out this Act shall be derived from amounts made available to the agency for advertising. | https://www.govinfo.gov/content/pkg/BILLS-113hr3308ih/xml/BILLS-113hr3308ih.xml |
113-hr-3309 | I 113th CONGRESS 1st Session H. R. 3309 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Goodlatte (for himself, Mr. DeFazio , Mr. Coble , Ms. Lofgren , Mr. Smith of Texas , Ms. Eshoo , Mr. Chaffetz , Mr. Bachus , Mr. Marino , Mr. Farenthold , and Mr. Holding ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, and the Leahy-Smith America Invents Act to make improvements and technical corrections, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Innovation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Patent infringement actions. Sec. 4. Transparency of patent ownership. Sec. 5. Customer-suit exception. Sec. 6. Procedures and practices to implement and recommendations to the Judicial Conference. Sec. 7. Small business education, outreach, and information access. Sec. 8. Studies on patent transactions, quality, and examination. Sec. 9. Improvements and technical corrections to the Leahy-Smith America Invents Act. Sec. 10. Effective date. 2. Definitions In this Act: (1) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Office The term Office means the United States Patent and Trademark Office. 3. Patent infringement actions (a) Pleading requirements (1) Amendment Chapter 29 of title 35, United States Code, is amended by inserting after section 281 the following: 281A. Pleading requirements for patent infringement actions (a) Pleading requirements Except as provided in subsection (b), in a civil action in which a party asserts a claim for relief arising under any Act of Congress relating to patents, a party alleging infringement shall include in the initial complaint, counterclaim, or cross-claim for patent infringement, unless the information is not reasonably accessible to such party, the following: (1) An identification of each patent allegedly infringed. (2) An identification of each claim of each patent identified under paragraph (1) that is allegedly infringed. (3) For each claim identified under paragraph (2), an identification of each accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to in this section as an accused instrumentality ) alleged to infringe the claim. (4) For each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of— (A) the name or model number of each accused instrumentality; or (B) if there is no name or model number, a description of each accused instrumentality that, when used, allegedly results in the practice of the claimed invention. (5) For each accused instrumentality identified under paragraph (3), an explanation of— (A) where each element of each claim identified under paragraph (2) is found within the accused instrumentality; (B) whether each such element is infringed literally or under the doctrine of equivalents; and (C) with detailed specificity, how the terms in each claim identified under paragraph (2) correspond to the functionality of the accused instrumentality. (6) For each claim that is alleged to have been infringed indirectly, a description of— (A) the direct infringement; (B) any person alleged to be a direct infringer known to the party alleging infringement; and (C) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement. (7) A description of the right of the party alleging infringement to assert each— (A) patent identified under paragraph (1); and (B) patent claim identified under paragraph (2). (8) A description of the principal business of the party alleging infringement. (9) A list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the patents identified under paragraph (1). (10) For each patent identified under paragraph (1), whether such patent has been specifically declared as essential, potentially essential, or having potential to become essential to any standard-setting body, and whether the United States Government or a foreign government has imposed specific licensing requirements with respect to such patent. (b) Information not readily accessible A party required to disclose the information described under subsection (a) shall include with such disclosure a description of any information described under subsection (a) that is not disclosed, why such undisclosed information was not readily accessible, and the efforts made by such party to access such undisclosed information. (c) Confidential information For good cause shown by a party required to disclose the information described under subsection (a), the court may allow certain information that the court determines to be confidential to be filed under seal. (d) Exemption A civil action that includes a claim for relief arising under section 271(e)(2) shall not be subject to the requirements of subsection (a). . (2) Conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 281 the following new item: 281A. Pleading requirements for patent infringement actions. . (b) Fees and other expenses (1) Amendment Section 285 of title 35, United States Code, is amended to read as follows: 285. Fees and other expenses (a) Award The court shall award, to a prevailing party, reasonable fees and other expenses incurred by that party in connection with a civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, unless the court finds that the position of the nonprevailing party or parties was substantially justified or that special circumstances make an award unjust. (b) Recovery If a nonprevailing party is unable to pay reasonable fees and other expenses awarded by the court pursuant to subsection (a), the court may make the reasonable fees and other expenses recoverable against any interested party joined pursuant to section 299(d). (c) Covenant not To sue A party to a civil action that asserts a claim for relief arising under any Act of Congress relating to patents against another party, and that subsequently unilaterally extends to such other party a covenant not to sue for infringement with respect to the patent or patents at issue, shall be deemed to be a nonprevailing party (and the other party the prevailing party) for purposes of this section, unless the party asserting such claim would have been entitled, at the time that such covenant was extended, to voluntarily dismiss the action or claim without a court order under Rule 41 of the Federal Rules of Civil Procedure. . (2) Conforming amendment and amendment (A) Conforming amendment The item relating to section 285 of the table of sections for chapter 29 of title 35, United States Code, is amended to read as follows: 285. Fees and other expenses. . (B) Amendment Section 273 of title 35, United States Code, is amended by striking subsections (f) and (g). (3) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to any action for which a complaint is filed on or after that date. (c) Joinder of interested parties Section 299 of title 35, United States Code, is amended by adding at the end the following new subsection: (d) Joinder of interested parties (1) Joinder In a civil action arising under any Act of Congress relating to patents, the court shall grant a motion by a party defending against an allegation of infringement of a patent claim to join an interested party if such defending party shows that the party alleging infringement has no substantial interest in the patent or patents at issue other than asserting such patent claim in litigation. (2) Limitation on joinder The court may deny a motion to join an interested party under paragraph (1) if— (A) the interested party is not subject to service of process; or (B) joinder under paragraph (1) would deprive the court of subject matter jurisdiction or make venue improper. (3) Interested party defined In this subsection, the term interested party means a person, other than the party alleging infringement, that— (A) is an assignee of the patent or patents at issue; (B) has a right, including a contingent right, to enforce or sublicense the patent or patents at issue; or (C) has a direct financial interest in the patent or patents at issue, including the right to any part of an award of damages or any part of licensing revenue, except that a person with a direct financial interest does not include— (i) an attorney or law firm providing legal representation in the civil action described in paragraph (1) if the sole basis for the financial interest of the attorney or law firm in the patent or patents at issue arises from the attorney or law firm’s receipt of compensation reasonably related to the provision of the legal representation; or (ii) a person whose sole financial interest in the patent or patents at issue is ownership of an equity interest in the party alleging infringement, unless such person also has the right or ability to influence, direct, or control the civil action. . (d) Discovery limits (1) Amendment Chapter 29 of title 35, United States Code, is amended by adding at the end the following new section: 299A. Discovery in patent infringement action (a) Discovery in patent infringement action Except as provided in subsection (b), in a civil action arising under any Act of Congress relating to patents, if the court determines that a ruling relating to the construction of terms used in a patent claim asserted in the complaint is required, discovery shall be limited, until such ruling is issued, to information necessary for the court to determine the meaning of the terms used in the patent claim, including any interpretation of those terms used to support the claim of infringement. (b) Discretion To expand scope of discovery (1) Timely resolution of actions If, under any provision of Federal law (including the amendments made by the Drug Price Competition and Patent Term Restoration Act of 1984 ( Public Law 98–417 )), resolution within a specified period of time of a civil action arising under any Act of Congress relating to patents will necessarily affect the rights of a party with respect to the patent, the court may permit discovery, in addition to the discovery authorized under subsection (a), before the ruling described in subsection (a) is issued as necessary to ensure timely resolution of the action. (2) Resolution of motions When necessary to resolve a motion properly raised by a party before a ruling relating to the construction of terms described in subsection (a), the court may allow limited discovery in addition to the discovery authorized under subsection (a) as necessary to resolve the motion. . (2) Conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by adding at the end the following new item: 299A. Discovery in patent infringement action. . (e) Effective date Except as otherwise provided in this section, the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to any action for which a complaint is filed on or after that date. 4. Transparency of patent ownership (a) Amendments Section 290 of title 35, United States Code, is amended— (1) in the heading, by striking suits and inserting suits; disclosure of interests ; (2) by striking The clerks and inserting (a) Notice of patent suits.— The clerks ; and (3) by adding at the end the following new subsections: (b) Initial disclosure (1) In general Except as provided in paragraph (2), upon the filing of an initial complaint for patent infringement, the plaintiff shall disclose to the Patent and Trademark Office, the court, and each adverse party the identity of each of the following: (A) The assignee of the patent or patents at issue. (B) Any entity with a right to sublicense or enforce the patent or patents at issue. (C) Any entity, other than the plaintiff, that the plaintiff knows to have a financial interest in the patent or patents at issue or the plaintiff. (D) The ultimate parent entity of any assignee identified under subparagraph (A) and any entity identified under subparagraphs (B) and (C). (2) Exemption The requirements of paragraph (1) shall not apply with respect to a civil action filed under subsection (a) that includes a cause of action described under section 271(e)(2). (c) Disclosure compliance (1) Publicly traded For purposes of subsection (b)(1)(C), if the financial interest is held by a corporation traded on a public stock exchange, an identification of the name of the corporation and the public exchange listing shall satisfy the disclosure requirement. (2) Not publicly traded For purposes of subsection (b)(1)(C), if the financial interest is not held by a publicly traded corporation, the disclosure shall satisfy the disclosure requirement if the information identifies— (A) in the case of a partnership, the name of the partnership and the name and correspondence address of each partner or other entity that holds more than a 5-percent share of that partnership; (B) in the case of a corporation, the name of the corporation, the location of incorporation, the address of the principal place of business, and the name of each officer of the corporation; and (C) for each individual, the name and correspondence address of that individual. (d) Ongoing duty of disclosure to the Patent and Trademark Office (1) In general A plaintiff required to submit information under subsection (b) or a subsequent owner of the patent or patents at issue shall, not later than 90 days after any change in the assignee of the patent or patents at issue or an entity described under subparagraphs (B) and (D) of subsection (b)(1), submit to the Patent and Trademark Office the updated identification of such assignee or entity. (2) Failure to comply With respect to a patent for which the requirement of paragraph (1) has not been met— (A) the plaintiff or subsequent owner shall not be entitled to recover reasonable fees and other expenses under section 285 or increased damages under section 284 with respect to infringing activities taking place during any period of noncompliance with paragraph (1), unless the denial of such damages or fees would be manifestly unjust; and (B) the court shall award to a prevailing party accused of infringement reasonable fees and other expenses incurred to discover the updated assignee or entity described under paragraph (1), unless such sanctions would be unjust. (e) Definitions In this section: (1) Financial interest The term financial interest — (A) means— (i) with regard to a patent or patents, the right of a person to receive proceeds related to the assertion of the patent or patents, including a fixed or variable portion of such proceeds; and (ii) with regard to the plaintiff, direct or indirect ownership or control by a person of more than 5 percent of such plaintiff; and (B) does not mean— (i) ownership of shares or other interests in a mutual or common investment fund, unless the owner of such interest participates in the management of such fund; or (ii) the proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, unless the outcome of the proceeding could substantially affect the value of such interest. (2) Proceeding The term proceeding means all stages of a civil action, including pretrial and trial proceedings and appellate review. (3) Ultimate parent entity (A) In general Except as provided in subparagraph (B), the term ultimate parent entity has the meaning given such term in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation. (B) Modification of definition The Director may modify the definition of ultimate parent entity by regulation. . (b) Technical and conforming amendment The item relating to section 290 in the table of sections for chapter 29 of title 35, United States Code, is amended to read as follows: 290. Notice of patent suits; disclosure of interests. . (c) Regulations The Director may promulgate such regulations as are necessary to establish a registration fee in an amount sufficient to recover the estimated costs of administering subsections (b) through (e) of section 290 of title 35, United States Code, as added by subsection (a), to facilitate the collection and maintenance of the information required by such subsections, and to ensure the timely disclosure of such information to the public. (d) Effective date The amendments made by this section shall take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act and shall apply to any action for which a complaint is filed on or after such effective date. 5. Customer-suit exception (a) Amendment Section 296 of title 35, United States Code, is amended to read as follows: 296. Stay of action against customer (a) Stay of action against customer Except as provided in subsection (d), in any civil action arising under any Act of Congress relating to patents, the court shall grant a motion to stay at least the portion of the action against a covered customer related to infringement of a patent involving a covered product or process if the following requirements are met: (1) The covered manufacturer and the covered customer consent in writing to the stay. (2) The covered manufacturer is a party to the action or to a separate action involving the same patent or patents related to the same covered product or process. (3) The covered customer agrees to be bound by any judgment entered against the covered manufacturer to the same extent that the covered manufacturer may be bound with respect to issues that the covered manufacturer and the covered customer have in common. (4) The motion is filed after the first pleading in the action and not later than 120 days after service of the first pleading in the action that specifically identifies— (A) the covered product or process as a basis for the alleged infringement of the patent by the covered customer; and (B) how the covered product or process is alleged to infringe the patent. (b) Applicability of stay A stay issued pursuant to subsection (a) shall apply only to the patents, products, systems, or components accused of infringement in the action. (c) Lift of stay (1) In general A stay entered pursuant to this section may be lifted upon grant of a motion based on a showing that— (A) the action involving the covered manufacturer will not resolve a major issue in suit against the covered customer; or (B) the stay unreasonably prejudices and would be manifestly unjust to the party seeking to lift the stay. (2) Separate manufacturer action involved In the case of a stay entered based on the participation of the covered manufacturer in a separate action involving the same patent or patents related to the same covered product or process, a motion under this subsection may only be made if the court in such separate action determines the showing required under paragraph (1) has been met. (d) Exemption This section shall not apply to an action that includes a cause of action described under section 271(e). (e) Rule of construction Nothing in this section shall be construed to limit the ability of a court to grant any stay, or expand any stay granted pursuant to this section, if otherwise permitted by law. (f) Definitions In this section: (1) Covered customer The term covered customer means a party accused of infringing a patent or patents in dispute based on a covered product or process. (2) Covered manufacturer The term covered manufacturer means a person that manufactures or supplies, or causes the manufacture or supply of, a covered product or process or a relevant part of such product or process. (3) Covered product or process The term covered product or process means a product, process, system, service, component, material, or apparatus, or relevant part thereof, that— (A) is alleged to infringe the patent or patents in dispute; or (B) implements a process alleged to infringe the patent or patents in dispute. . (b) Conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by striking the item relating to section 296 and inserting the following: 296. Stay of action against customer. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to any action for which a complaint is filed on or after that date. 6. Procedures and practices to implement and recommendations to the Judicial Conference (a) Judicial Conference rules and procedures on discovery burdens and costs (1) Rules and procedures The Judicial Conference of the United States, using existing resources, shall develop rules and procedures to implement the requirements described in paragraph (2) to address the asymmetries in discovery burdens and costs in any civil action arising under any Act of Congress relating to patents. Such rules and procedures shall include how and when payment for document discovery in addition to the discovery of core documentary evidence is to occur, and what information must be presented to demonstrate financial capacity before permitting document discovery in addition to the discovery of core documentary evidence. (2) Rules and procedures to be considered The rules and procedures required under paragraph (1) shall include each of the following requirements: (A) Discovery of core documentary evidence Each party to the action is entitled to receive core documentary evidence and shall be responsible for the costs of producing core documentary evidence within the possession or control of each such party. Each party to the action may seek nondocumentary discovery as otherwise provided in the Federal Rules of Civil Procedure. (B) Electronic communication If the parties determine that the discovery of electronic communication is necessary, such discovery shall occur after the parties have exchanged initial disclosures and core documentary evidence and shall be in accordance with the following: (i) Any request for the production of electronic communication shall be specific and may not be a general request for the production of information relating to a product or business. (ii) Each request shall identify the custodian of the information requested, the search terms, and a time frame. The parties shall cooperate to identify the proper custodians, the proper search terms, and the proper time frame. (iii) A party may not submit production requests to more than 5 custodians, unless the parties jointly agree to modify the number of production requests without leave of the court. (iv) The court may consider contested requests for up to 5 additional custodians per producing party, upon a showing of a distinct need based on the size, complexity, and issues of the case. (v) If a party requests the discovery of electronic communication for additional custodians beyond the limits agreed to by the parties or granted by the court, the requesting party shall bear all reasonable costs caused by such additional discovery. (C) Additional document discovery (i) In general Each party to the action may seek any additional document discovery otherwise permitted under the Federal Rules of Civil Procedure, if such party bears the reasonable costs, including reasonable attorney’s fees, of the additional document discovery. (ii) Requirements for additional document discovery Unless the parties mutually agree otherwise, no party may be permitted additional document discovery unless such a party posts a bond, or provides other security, in an amount sufficient to cover the expected costs of such additional document discovery, or makes a showing to the court that such party has the financial capacity to pay the costs of such additional document discovery. (iii) Limits on additional document discovery A court, upon motion, may determine that a request for additional document discovery is excessive, irrelevant, or otherwise abusive and may set limits on such additional document discovery. (iv) Good cause modification A court, upon motion and for good cause shown, may modify the requirements of subparagraphs (A) and (B) and any definition under paragraph (3). Not later than 30 days after the pretrial conference under Rule 16 of the Federal Rules of Civil Procedure, the parties shall jointly submit any proposed modifications of the requirements of subparagraphs (A) and (B) and any definition under paragraph (3), unless the parties do not agree, in which case each party shall submit any proposed modification of such party and a summary of the disagreement over the modification. (v) Computer code A court, upon motion and for good cause shown, may determine that computer code should be included in the discovery of core documentary evidence. The discovery of computer code shall occur after the parties have exchanged initial disclosures and other core documentary evidence. (D) Discovery sequence and scope The parties shall discuss and address in the written report filed pursuant to Rule 26(f) of the Federal Rules of Civil Procedure the views and proposals of each party on the following: (i) When the discovery of core documentary evidence should be completed. (ii) Whether additional document discovery will be sought under subparagraph (C). (iii) Any issues about infringement, invalidity, or damages that, if resolved before the additional discovery described in subparagraph (C) commences, might simplify or streamline the case, including the identification of any terms or phrases relating to any patent claim at issue to be construed by the court and whether the early construction of any of those terms or phrases would be helpful. (3) Definitions In this subsection: (A) Core documentary evidence In this subsection, the term core documentary evidence — (i) includes— (I) documents relating to the conception of, reduction to practice of, and application for, the patent or patents at issue; (II) documents sufficient to show the technical operation of the product or process identified in the complaint as infringing the patent or patents at issue; (III) documents relating to potentially invalidating prior art; (IV) documents relating to any licensing of, or other transfer of rights to, the patent or patents at issue before the date on which the complaint is filed; (V) documents sufficient to show profit attributable to the claimed invention of the patent or patents at issue; (VI) documents relating to any knowledge by the accused infringer of the patent or patents at issue before the date on which the complaint is filed; (VII) documents relating to any knowledge by the patentee of infringement of the patent or patents at issue before the date on which the complaint is filed; (VIII) documents relating to any licensing term or pricing commitment to which the patent or patents may be subject through any agency or standard-setting body; and (IX) documents sufficient to show any marking or other notice provided of the patent or patents at issue; and (ii) does not include computer code, except as specified in paragraph (2)(C)(v). (B) Electronic communication The term electronic communication means any form of electronic communication, including email, text message, or instant message. (4) Implementation by the District Courts Not later than 6 months after the date on which the Judicial Conference has developed the rules and procedures required by this subsection, each United States district court and the United States Court of Federal Claims shall revise the applicable local rules for such court to implement such rules and procedures. (5) Authority for Judicial Conference to review and modify The Judicial Conference shall study the efficacy of the rules and procedures required by this subsection during the first 4 years following the implementation of such rules and procedures by the district courts and the United States Court of Federal Claims. The Judicial Conference may modify such rules and procedures following such 4-year period. (b) Judicial Conference patent case management The Judicial Conference of the United States, using existing resources, shall develop case management procedures to be implemented by the United States district courts and the United States Court of Federal Claims for any civil action arising under any Act of Congress relating to patents, including initial disclosure and early case management conference practices that— (1) will identify any potential dispositive issues of the case; and (2) focus on early summary judgment motions when resolution of issues may lead to expedited disposition of the case. (c) Revision of form for patent infringement (1) Elimination of form The Supreme Court, using existing resources, shall eliminate Form 18 in the Appendix to the Federal Rules of Civil Procedure (relating to Complaint for Patent Infringement), effective on the date of the enactment of this Act. (2) Revised form The Supreme Court may prescribe a new form or forms setting out model allegations of patent infringement that, at a minimum, notify accused infringers of the asserted claim or claims, the products or services accused of infringement, and the plaintiff’s theory for how each accused product or service meets each limitation of each asserted claim. The Judicial Conference should exercise the authority under section 2073 of title 28, United States Code, to make recommendations with respect to such new form or forms. (d) Protection of intellectual-Property licenses in bankruptcy (1) In general Section 1520(a) of title 11, United States Code, is amended— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by inserting at the end the following new paragraph: (5) section 365(n) applies to intellectual property of which the debtor is a licensor or which the debtor has transferred. . (2) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to any action for which a complaint is pending on, or filed on or after, such date of enactment. 7. Small business education, outreach, and information access (a) Small business education and outreach (1) Resources for small business Using existing resources, the Director shall develop educational resources for small businesses to address concerns arising from patent infringement. (2) Small Business Patent Ombudsman The Patent Ombudsman Program established under section 28 of the Leahy-Smith America Invents Act ( Public Law 112–29 ; 125 Stat. 339; 35 U.S.C. 2 note) shall coordinate with the existing small business outreach programs of the Office to provide education and awareness on abusive patent litigation practices. (b) Improving Information Transparency for Small Business and the United States Patent and Trademark Office users (1) Web site Using existing resources, the Director shall create a user-friendly section on the official Web site of the Office to notify the public when a patent case is brought in Federal court and with respect to each patent at issue in such case, the Director shall include— (A) information disclosed pursuant to subsections (b) and (d) of section 290 of title 35, United States Code, as added by section 4(a) of this Act; and (B) any other information the Director determines to be relevant. (2) Format In order to promote accessibility for the public, the information described in paragraph (1) shall be searchable by patent number, patent art area, and entity. 8. Studies on patent transactions, quality, and examination (a) Study on Secondary Market Oversight for Patent Transactions To Promote Transparency and Ethical Business Practices (1) Study required The Director, in consultation with the Secretary of Commerce, the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the heads of other relevant agencies, and interested parties, shall, using existing resources of the Office, conduct a study— (A) to develop legislative recommendations to ensure greater transparency and accountability in patent transactions occurring on the secondary market; (B) to examine the economic impact that the patent secondary market has on the United States; (C) to examine licensing and other oversight requirements that may be placed on the patent secondary market, including on the participants in such markets, to ensure that the market is a level playing field and that brokers in the market have the requisite expertise and adhere to ethical business practices; and (D) to examine the requirements placed on other markets. (2) Submission of study Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on the findings and recommendations of the Director from the study required under paragraph (1). (b) Study on patents owned by the United States Government (1) Study required The Director, in consultation with the heads of relevant agencies and interested parties, shall, using existing resources of the Office, conduct a study on patents owned by the United States Government that— (A) examines how such patents are licensed and sold, and any litigation relating to the licensing or sale of such patents; (B) provides legislative and administrative recommendations on whether there should be restrictions placed on patents acquired from the United States Government; (C) examines whether or not each relevant agency maintains adequate records on the patents owned by such agency, specifically whether such agency addresses licensing, assignment, and Government grants for technology related to such patents; and (D) provides recommendations to ensure that each relevant agency has an adequate point of contact that is responsible for managing the patent portfolio of the agency. (2) Report on study Not later than 6 months after the date of the enactment of this Act, the Director shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings and recommendations of the Director from the study required under paragraph (1). (c) Study on Patent Quality and Access to the Best Information during Examination (1) GAO study The Comptroller General of the United States shall conduct a study on patent examination at the Office and the technologies available to improve examination and improve patent quality. (2) Contents of the study The study required under paragraph (1) shall include the following: (A) An examination of patent quality at the Office. (B) An examination of ways to improve quality, specifically through technology, that shall include examining best practices at foreign patent offices and the use of existing off-the-shelf technologies to improve patent examination. (C) A description of how patents are classified. (D) An examination of procedures in place to prevent double patenting through filing by applicants in multiple art areas. (E) An examination of the types of off-the-shelf prior art databases and search software used by foreign patent offices and governments, particularly in Europe and Asia, and whether those databases and search tools could be used by the Office to improve patent examination. (F) An examination of any other areas the Comptroller General determines to be relevant. (3) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings and recommendations from the study required by this subsection, including recommendations for any changes to laws and regulations that will improve the examination of patent applications and patent quality. 9. Improvements and technical corrections to the Leahy-Smith America Invents Act (a) Repeal of civil action To obtain a patent (1) Repeal Section 145 of title 35, United States Code, is repealed. (2) Conforming amendments (A) Federal Circuit jurisdiction Section 1295(a)(4) of title 28, United States Code, is amended— (i) in subparagraph (A), by striking except that an applicant or a party and all that follows through the end of the subparagraph and inserting the following: except that a party to a derivation proceeding may also have remedy by civil action pursuant to section 146 of title 35; an appeal under this subparagraph of a decision of the Board with respect to a derivation proceeding shall waive the right of such party to proceed under section 146 of title 35; ; and (ii) in subparagraph (C), by striking section 145, 146, or and inserting section 146 or . (B) Federal Circuit appeal Section 141(a) of title 35, United States Code, is amended— (i) by striking may appeal the Board’s decision to and inserting may appeal the Board’s decision only to ; and (ii) by striking the second sentence. (C) Adjustment of patent term Section 154(b)(1)(A)(iii) of title 35, United States Code, is amended by striking section 141, 145, or 146 and inserting section 141 or 146 . (D) Clerical amendment The table of sections for chapter 13 of title 35, United States Code, is amended by repealing the item relating to section 145. (3) Effective date The amendments made by this subsection shall apply to any proceeding in which a decision is made by the Patent Trial and Appeal Board on or after the date of the enactment of this Act. (b) Post-Grant review amendment Section 325(e)(2) of title 35, United States Code is amended by striking or reasonably could have raised . (c) Use of district-Court claim construction in post-Grant and inter partes reviews (1) Inter partes review Section 316(a) of title 35, United States Code, is amended— (A) in paragraph (12), by striking ; and and inserting a semicolon; (B) in paragraph (13), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (14) providing that for all purposes under this chapter— (A) each claim of a patent shall be construed as such claim would be in a civil action to invalidate a patent under section 282(b), including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent; and (B) if a court has previously construed the claim or a claim term in a civil action in which the patent owner was a party, the Office shall consider such claim construction. . (2) Post-grant review Section 326(a) of title 35, United States Code, is amended— (A) in paragraph (11), by striking ; and and inserting a semicolon; (B) in paragraph (12), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (13) providing that for all purposes under this chapter— (A) each claim of a patent shall be construed as such claim would be in a civil action to invalidate a patent under section 282(b), including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent; and (B) if a court has previously construed the claim or a claim term in a civil action in which the patent owner was a party, the Office shall consider such claim construction. . (3) Technical and conforming amendment Section 18(a)(1)(A) of the Leahy-Smith America Invents Act ( Public Law 112–29 ; 126 Stat. 329) is amended by striking Section 321(c) and inserting Sections 321(c) and 326(a)(13) . (4) Effective date The amendments made by this subsection shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, and shall apply to any proceeding under chapter 31 or 32 of title 35, United States Code, for which the petition for review is filed on or after such effective date. (d) Codification of the double-Patenting doctrine for first-Inventor-To-File patents (1) Amendment Chapter 10 of title 35, United States Code, is amended by adding at the end the following new section: 106. Prior art in cases of double patenting A claimed invention of a patent issued under section 151 (referred to as the first patent ) that is not prior art to a claimed invention of another patent (referred to as the second patent ) shall be considered prior art to the claimed invention of the second patent for the purpose of determining the nonobviousness of the claimed invention of the second patent under section 103 if— (1) the claimed invention of the first patent was effectively filed under section 102(d) on or before the effective filing date of the claimed invention of the second patent; (2) either— (A) the first patent and second patent name the same inventor; or (B) the claimed invention of the first patent would constitute prior art to the claimed invention of the second patent under section 102(a)(2) if an exception under section 102(b)(2) were deemed to be inapplicable and the claimed invention of the first patent was, or were deemed to be, effectively filed under section 102(d) before the effective filing date of the claimed invention of the second patent; and (3) the patentee of the second patent has not disclaimed the rights to enforce the second patent independently from, and beyond the statutory term of, the first patent. . (2) Regulations The Director shall promulgate regulations setting forth the form and content of any disclaimer required for a patent to be issued in compliance with section 106 of title 35, United States Code, as added by paragraph (1). Such regulations shall apply to any disclaimer filed after a patent has issued. A disclaimer, when filed, shall be considered for the purpose of determining the validity of the patent under section 106 of title 35, United States Code. (3) Conforming amendment The table of sections for chapter 10 of title 35, United States Code, is amended by adding at the end the following new item: 106. Prior art in cases of double patenting. . (4) Exclusive rule A patent subject to section 106 of title 35, United States Code, as added by paragraph (1), shall not be held invalid on any nonstatutory, double-patenting ground. (5) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to a patent or patent application only if both the first and second patents described in section 106 of title 35, United States Code, as added by paragraph (1), are patents or patent applications that are described in section 3(n)(1) of the Leahy-Smith America Invents Act ( 35 U.S.C. 100 note). (e) Covered business method patent reviews (1) Limitation; repeal (A) Limitation to first-to-invent patents Section 18(a)(2) of the Leahy-Smith America Invents Act is amended by striking shall not apply to a patent described in section 6(f)(2)(A) of this Act during the period in which a petition for post-grant review of that patent would satisfy the requirements of section 321(c) of title 35, United States Code and inserting shall not apply to a patent that is described in section 3(n)(1) of this Act (but is not described in section 3(n)(2) of this Act) . (B) Repeal of sunset Section 18(a) of the Leahy-Smith America Invents Act ( 35 U.S.C. 321 note) is amended by striking paragraph (3). (C) Effective date The amendments made by subparagraphs (A) and (B) shall take effect on the date of the enactment of this Act. (2) Definition; clarification (A) Definition For purposes of section 18(d) of the Leahy-Smith America Invents Act, the words used in the practice, administration, or management of a financial product or service shall be construed consistently with the institution decision of the Patent Trial and Appeal Board of the United States Patent and Trademark Office in SAP America, Inc. v. Versata Dev. Group, Inc., CBM2012–00001, Paper 36 (January 9, 2013). (B) Scope of prior art Section 18(a)(1)(C)(i) of the Leahy-Smith America Invents Act is amended by striking section 102(a) and inserting subsection (a), (d), or (e) of section 102 . (C) Effective date Subparagraph (A) and the amendment made by subparagraph (B) shall take effect on the date of the enactment of this Act and shall apply to any proceeding pending on, or filed on or after, such date of enactment. (3) Authority to waive fee Subject to available resources, the Director may waive payment of a filing fee for a transitional proceeding described under section 18(a) of the Leahy-Smith America Invents Act ( 35 U.S.C. 321 note). (f) Clarification of limits on patent term adjustment (1) Amendments Section 154(b)(1)(B) of title 35, United States Code, is amended— (A) in the matter preceding clause (i), by striking not including— and inserting the term of the patent shall be extended 1 day for each day after the end of that 3-year period until the patent is issued, not including— ; (B) in clause (i), by striking consumed by continued examination of the application requested by the applicant and inserting consumed after continued examination of the application is requested by the applicant ; (C) in clause (iii), by striking the comma at the end and inserting a period; and (D) by striking the matter following clause (iii). (2) Effective date The amendments made by this subsection shall apply to any patent application or patent that is pending on, or filed on or after, the date of the enactment of this Act. (g) Clarification of jurisdiction (1) In general The Federal interest in preventing inconsistent final judicial determinations as to the legal force or effect of the claims in a patent presents a substantial Federal issue that is important to the Federal system as a whole. (2) Applicability Paragraph (1)— (A) shall apply to all cases filed on, after, or pending on, the date of the enactment of this Act; and (B) shall not apply to a case in which a Federal court has issued a ruling on whether the case or a claim arises under any Act of Congress relating to patents or plant variety protection before the date of the enactment of this Act. (h) Technical corrections (1) Novelty (A) Amendment Section 102(b)(1)(A) of title 35, United States Code, is amended by striking the inventor or joint inventor or by another and inserting the inventor or a joint inventor or another . (B) Effective date The amendment made by subparagraph (A) shall be effective as if included in the amendment made by section 3(b)(1) of the Leahy-Smith America Invents Act (Public Law No. 112–29). (2) Inventor’s oath or declaration (A) Amendment Subsection (g)(1) of section 115 of title 35, United States Code, is amended— (i) by striking claims the benefit and inserting is entitled, as to each invention claimed in the application, to the benefit ; and (ii) in subparagraph (A), by striking meeting the requirements of subsection (a) was executed by the individual and was filed in connection with the earlier-filed application and inserting the following: executed by or on behalf of the individual was filed in connection with the earlier-filed application and meets the requirements of this section as effective on the date such oath or declaration was filed . (B) Effective date The amendment made by subparagraph (A) shall be effective as if included in the amendment made by section 4(a)(1) of the Leahy-Smith America Invents Act (Public Law No. 112–29). (3) Assignee filers (A) Benefit of earlier filing date; right of priority Section 119(e)(1) of title 35, United States Code, is amended, in the first sentence, by striking by an inventor or inventors named and inserting that names the inventor or a joint inventor . (B) Benefit of earlier filing date in the United States Section 120 of title 35, United States Code, is amended, in the first sentence, by striking names an inventor or joint inventor and inserting names the inventor or a joint inventor . (C) Effective date The amendments made by this paragraph shall take effect on the date of the enactment of this Act and shall apply to any patent application, and any patent issuing from such application, that is filed on or after September 16, 2012. (4) Derived patents (A) Amendment Section 291(b) of title 35, United States Code, is amended by striking or joint inventor and inserting or a joint inventor . (B) Effective date The amendment made by subparagraph (A) shall be effective as if included in the amendment made by section 3(h)(1) of the Leahy-Smith America Invents Act (Public Law No. 112–29). (5) Specification Notwithstanding section 4(e) of the Leahy-Smith America Invents Act ( Public Law 112–29 ; 125 Stat. 297), the amendments made by subsections (c) and (d) of section 4 of such Act shall apply to any proceeding or matter, that is pending on, or filed on or after, the date of the enactment of this Act. (6) Patent owner response (A) Conduct of inter partes review Paragraph (8) of section 316(a) of title 35, United States Code, is amended by striking the petition under section 313 and inserting the petition under section 311 . (B) Conduct of post-grant review Paragraph (8) of section 326(a) of title 35, United States Code, is amended by striking the petition under section 323 and inserting the petition under section 321 . (C) Effective date The amendments made by this paragraph shall take effect on the date of the enactment of this Act. (7) International applications (A) Amendments Section 202(b) of the Patent Law Treaties Implementation Act of 2012 ( Public Law 112–211 ; 126 Stat. 1536) is amended— (i) by striking paragraph (7); and (ii) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8). (B) Effective date The amendments made by subparagraph (A) shall be effective as if included in title II of the Patent Law Treaties Implementation Act of 2012 ( Public Law 112–21 ). 10. Effective date Except as otherwise provided in this Act, the provisions of this Act shall take effect on the date of the enactment of this Act, and shall apply to any patent issued, or any action filed, on or after that date. | https://www.govinfo.gov/content/pkg/BILLS-113hr3309ih/xml/BILLS-113hr3309ih.xml |
113-hr-3310 | I 113th CONGRESS 1st Session H. R. 3310 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Cartwright (for himself, Mr. Connolly , Mr. Grayson , Mr. Conyers , Mr. Grijalva , Ms. Kaptur , Ms. Kelly of Illinois , Ms. Lee of California , Mr. Takano , Ms. Slaughter , Ms. Eddie Bernice Johnson of Texas , Mr. McGovern , Ms. Shea-Porter , Mr. Moran , Mr. Farr , Mr. Cummings , Mr. Hinojosa , Mr. Lewis , Mrs. Negrete McLeod , Ms. Speier , Mr. Thompson of Mississippi , Mr. Langevin , Mr. Blumenauer , Ms. Fudge , Mr. George Miller of California , Mr. Cohen , Mr. Gene Green of Texas , Ms. DeLauro , Mr. Enyart , Mr. Pocan , Mr. Lynch , Ms. Hahn , Ms. McCollum , Mr. Waxman , Mr. Delaney , Mr. Nadler , Ms. Michelle Lujan Grisham of New Mexico , Ms. Norton , Mrs. Kirkpatrick , and Mr. Lowenthal ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Veterans’ Affairs , Armed Services , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for additional protections and disclosures to consumers when financial products or services are related to the consumers’ military or Federal pensions, and for other purposes.
1. Short title This Act may be cited as the Annuity Safety and Security Under Reasonable Enforcement Act of 2013 or the ASSURE Act of 2013 . 2. Consideration of Federal and military pensions in extensions of credit The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 104(3), by inserting after other than the following: payments described under section 126(a) and ; (2) by inserting after section 125 the following: 126. Payments in consideration of Federal and military pensions (a) Disclosure The Bureau shall issue regulations requiring any payment to a benefit recipient, whether or not such payment is an extension of credit, that diminishes the benefit recipient’s ability to control the payments from their Federal or military pension in any way, to be treated as an extension of credit for purposes of the disclosures required under this title. (b) Interest rate cap With respect to a payment to a benefit recipient described under subsection (a)— (1) if such payment is an extension of consumer credit, a creditor may not impose an annual percentage rate of interest greater than the Federal funds rate plus 6 percent; and (2) if such payment is not an extension of consumer credit, the Bureau shall issue regulations requiring that the aggregate amount of cash and property paid in exchange for such payment may not exceed an amount that is equivalent to the interest rate described under paragraph (1). (c) Definitions For purposes of this section: (1) Benefit recipient The term benefit recipient means a person who is entitled to payments under a Federal or military pension. (2) Federal or military pension The term Federal or military pension means— (A) a benefit described under section 5301(a) of title 38, United States Code; (B) retired pay to an enlisted member of the Army, Navy, Air Force, or Marine Corps; and (C) an annuity described under section 8345 or 8465 of title 5, United States Code. (3) Federal funds rate For purposes of this section, the term Federal funds rate means the Federal funds rate published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication). ; and (3) in the table of contents for chapter 2 of such Act, by inserting after the item relating to section 125 the following: 126. Consideration of Federal pensions in extensions of credit . 3. Clarification of assignments; private rights of actions (a) Veterans benefits Section 5301 of title 38, United States Code, is amended by adding at the end the following: (f) Private right of action (1) In general A benefit recipient may bring an action against a pension assignee in the appropriate Federal or State court and recover— (A) three times the damages suffered due to the assignment made in violation of this section; (B) court costs; and (C) reasonable attorneys’ fees and expenses. (2) Definitions For purposes of this subsection: (A) Benefit recipient The term benefit recipient means a person with respect to which payments of benefits described under this section are due or are to become due. (B) Pension assignee With respect to a benefit recipient, the term pension assignee means a person who has been assigned the benefits of the benefit recipient in violation of this section. . (b) Military retired pay Section 701 of title 37, United States Code, is amended by adding at the end the following: (f) Clarification on non-Assignment of retired pay for enlisted members (1) In general For purposes of this subsection (c), in any case where an enlisted member is entitled to retired pay and enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such retired pay, whether by payment from the member to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited. Any agreement or arrangement for collateral for security for an agreement that is prohibited under the previous sentence is also prohibited. (2) Private right of action (A) In general A retired pay recipient may bring an action against a retired pay assignee in the appropriate Federal or State court and recover— (i) three times the damages suffered due to the assignment of retired pay made in violation of this section; (ii) court costs; and (iii) reasonable attorneys’ fees and expenses. (B) Definitions For purposes of this subsection: (i) Retired pay recipient The term retired pay recipient means a person with respect to which retired pay described under this section is due or is to become due. (ii) Retired pay assignee With respect to a retired pay recipient, the term retired pay assignee means a person who has been assigned or allotted the retired pay of the retired pay recipient in violation of this section. . (c) CSRS annuities Section 8345(h) of title 5, United States Code, is amended to read as follows: (h) Non-Assignment of annuities (1) In general An individual entitled to an annuity from the Fund may not make allotments or assignments of amounts from such annuity. (2) Construction For purposes of this subsection— (A) in any case where an individual entitled to an annuity from the Fund enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such annuity, whether by payment from the individual to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited; and (B) any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. (3) Exception Paragraphs (1) and (2) shall not apply to amounts used to pay dues to unions or other employee organizations. (4) Private right of action (A) In general An annuity recipient may bring an action against an annuity assignee in the appropriate Federal or State court and recover— (i) three times the damages suffered due to the assignment made in violation of this subsection or the regulations issued pursuant to this subsection; (ii) court costs; and (iii) reasonable attorneys’ fees and expenses. (B) Definitions For purposes of this paragraph: (i) Annuity assignee With respect to an annuity recipient, the term annuity assignee means a person who has been assigned or allotted all or part of an annuity from the Fund in violation of this subsection or the regulations issued pursuant to this subsection. (ii) Annuity recipient The term annuity recipient means an individual entitled to an annuity from the Fund. . (d) FERS annuities Section 8465(b) of title 5, United States Code, is amended to read as follows: (b) Non-Assignment of annuities (1) In general An individual entitled to an annuity from the Fund may not make allotments or assignments of amounts from such annuity. (2) Construction For purposes of this subsection— (A) in any case where an individual entitled to an annuity from the Fund enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such annuity, whether by payment from the individual to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited; and (B) any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. (3) Exception Paragraphs (1) and (2) shall not apply to amounts used to pay dues to unions or other employee organizations. (4) Private right of action (A) In general An annuity recipient may bring an action against an annuity assignee in the appropriate Federal or State court and recover— (i) three times the damages suffered due to the assignment made in violation of this subsection or the regulations issued pursuant to this subsection; (ii) court costs; and (iii) reasonable attorneys’ fees and expenses. (B) Definitions For purposes of this paragraph: (i) Annuity assignee With respect to an annuity recipient, the term annuity assignee means a person who has been assigned or allotted all or part of an annuity from the Fund in violation of this subsection or the regulations issued pursuant to this subsection. (ii) Annuity recipient The term annuity recipient means an individual entitled to an annuity from the Fund. . 4. Bureau of Consumer Financial Protection provisions (a) Regulation of Federal or military pension-Related products Section 1032(f) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5532(f) ) is amended by adding at the end the following: (g) Regulation of Federal or military pension-Related products (1) In general The Bureau shall issue regulations to require a person offering a Federal or military pension-related product to provide additional disclosures when advertising or selling such product, sufficient to allow consumers to understand how their pension relates to the product. (2) Definitions defined For purposes of this subsection: (A) Federal or military pension The term Federal or military pension means— (i) a benefit described under section 5301(a) of title 38, United States Code; (ii) retired pay to an enlisted member of the Army, Navy, Air Force, or Marine Corps; and (iii) an annuity described under section 8345 or 8465 of title 5, United States Code. (B) Federal or military pension-related product The term Federal or military pension-related product means a financial product or service related to a Federal or military pension, including any extension of credit if the creditor, when determining a consumer’s ability to repay the extension of credit, takes the pension into consideration. . (b) Study by the Bureau (1) In general The Bureau of Consumer Financial Protection shall carry out a study of financial products and services that target military retirees and Federal employee retirees. (2) Report Not later than the end of the 3-month period beginning on the date of the enactment of this Act, the Bureau shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under this subsection. | https://www.govinfo.gov/content/pkg/BILLS-113hr3310ih/xml/BILLS-113hr3310ih.xml |
113-hr-3311 | I 113th CONGRESS 1st Session H. R. 3311 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Stewart introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to enter into agreements with States to allow continued operation of facilities and programs that have been determined to have a direct economic impact on tourism, mining, timber, or general transportation in the State and which would otherwise cease operating, in whole or in part, during a Federal Government shutdown that is the result of a lapse in appropriations, and for other purposes.
1. Short title This Act may be cited as the Provide Access and Retain Continuity Act or the PARC Act . 2. Agreements for continued operation of certain facilities and programs (a) In general As soon as practical after the date of the enactment of this Act, the Secretary of the Interior (hereafter in this Act referred to as the Secretary ) shall enter into agreements with States that submit an agreement that is approved under subsection (c) or (f) to provide for those States to conduct activities described in section 3. Not later than 90 days after funds are made available to the Secretary, the Secretary shall reimburse States for eligible activities conducted by that State under an agreement entered into under this Act. (b) Petition for agreement Beginning 30 days after the date of the enactment of this Act, a State may submit to the Secretary a petition to enter into an agreement with the Secretary for purposes of conducting activities described in section 3. (c) Determination The Secretary shall approve or deny a petition (including a corrected petition that is resubmitted) submitted under this section not later than 90 days after the date on which the Secretary receives the petition. (d) Denial of petition The Secretary shall approve a petition submitted under subsection (b) if the Secretary determines that— (1) the petition is complete; (2) the proposed agreement submitted with the petition contains all of the terms required under subsection (g); or (3) the petition is from a State that had a previous agreement terminated and the Secretary determines that the reasons for that termination warrant denial of the new (or corrected) petition. (e) Opportunity To amend petition (1) Notice of denial If the Secretary denies a petition under subsection (b), the Secretary shall provide to the State that submitted such petition written notice of the denial. Such written notice shall include— (A) a clear and comprehensive statement of the reasons why the petition was denied; and (B) a clear and comprehensive description of any deficiencies in the petition or the related proposed agreement. (2) Resubmission of corrected petition After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied petition. (f) Petition and agreement deemed approved If the Secretary does not approve or deny a petition submitted under subsection (b) or (e)(2) within 90 days after receiving the petition, the petition and the proposed agreement submitted with the petition shall be deemed approved. (g) Petition contents A petition submitted under subsection (b) shall include— (1) a letter signed by the Governor of the State submitting such petition addressed to the Secretary that contains a description of the eligible activities that the State seeks to conduct; (2) the proposed agreement that is the subject of the petition; (3) documentation that demonstrates the ability of the State to conduct the eligible activities; (4) a statement that the State shall indemnify and hold the United States harmless for any action of negligence or gross negligence on the part of the State while conducting an eligible activity; and (5) any other documentation that the Secretary may require. 3. Activities eligible for reimbursement The Secretary of the Interior shall reimburse States for non-Federal funds expended for activities that meet all of the following criteria: (1) The activity was conducted under a memorandum of understanding entered into under section 2. (2) The activity was conducted during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government that was the result of a lapse in appropriations. (3) The activity was necessary to operate one or more facilities or programs that the Secretary and the State have agreed, under the memorandum of understanding entered into under section 2, to have a direct economic impact on tourism, mining, timber, or general transportation in the State. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State. 4. Waiver of sovereign immunity If any State brings an action in any court of the United States or any State court relating only and directly to enforcement of section 3 and names the United States as a party, any claim by the United States to sovereign immunity from the action is waived, but only for the limited and sole purpose of reimbursement to a State for non-Federal funds expended by or on behalf of that State for activities that meet all of the criteria listed in section 3. | https://www.govinfo.gov/content/pkg/BILLS-113hr3311ih/xml/BILLS-113hr3311ih.xml |
113-hr-3312 | I 113th CONGRESS 1st Session H. R. 3312 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Bilirakis (for himself, Mr. Rooney , and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Administrator of the Federal Emergency Management Agency to allow for monthly installment payments for flood insurance under the National Flood Insurance Act of 1968, to cap the annual cost of flood insurance under that Act, to provide for a ten-year phase-in of premium increases resulting from the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, and for other purposes.
1. Short title This Act may be cited as the Homeowners Flood Insurance Relief Act of 2013 . 2. Monthly installment payments for premiums Section 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) ) is amended by striking either annually or in more frequent installments and inserting annually, monthly, or in other installments that are more frequent than annually . 3. Cap on annual cost of flood insurance Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Maximum annual premium Notwithstanding any other provision of this title, the maximum annual chargeable premium rate for a property shall be the total appraised value of all structures located on the property at the time of the purchase of the property by the current owner of the property divided by 30. . 4. Ten-year phase-in of premium increases resulting from Biggert-Waters Flood Insurance Reform Act of 2012 (a) Phase-In Notwithstanding any other provision of law, any increase in the risk premium rate charged for flood insurance under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) on any property that is covered by a flood insurance policy on the effective date of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916 et seq.) that is a result of the enactment of such Act or the amendments made by such Act shall be phased in over a 10-year period, at the rate of 10 percent for each year following such effective date. (b) Applicability; refund or credit Subsection (a) shall apply as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916 et seq.). The Administrator of the Federal Emergency Management Agency shall refund to insureds, or provide credit to insureds for, any premiums for flood insurance coverage under the National Flood Insurance Program collected in excess of the rates required pursuant to subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-113hr3312ih/xml/BILLS-113hr3312ih.xml |
113-hr-3313 | I 113th CONGRESS 1st Session H. R. 3313 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. LaMalfa (for himself, Mr. Cárdenas , Mr. Denham , Mr. Ruiz , Mr. Valadao , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to take land into trust for the benefit of the Santa Ynez Band of Chumash Mission Indians, and for other purposes.
1. Short title This Act may be cited as the Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2013 . 2. Transfer of land in trust for Santa Ynez Band of Chumash Mission Indians (a) Transfer and Administration (1) Transfer of lands into trust If the Tribe transfers title to the land described in subsection (b) to the United States, the Secretary shall take that land into trust for the benefit of the Tribe. (2) Administration The land transferred under paragraph (1) shall be part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian tribe. (3) Effect For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in subsection (b) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act. (b) Legal description of lands transferred The lands to be transferred pursuant to this Act are described as follows: Legal Land Description/Site Location: Real property in the unincorporated area of the County of Santa Barbara, State of California, described as follows: PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS. (c) Rules of construction Nothing in this Act shall— (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted use of transferred lands The Tribe may not conduct, on the land described in subsection (b) taken into trust for the Tribe pursuant to this Act, gaming activities— (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions For the purposes of this section: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribe The term Tribe means the Santa Ynez Band of Chumash Mission Indians. | https://www.govinfo.gov/content/pkg/BILLS-113hr3313ih/xml/BILLS-113hr3313ih.xml |
113-hr-3314 | I 113th CONGRESS 1st Session H. R. 3314 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to limit recoupments of separation pay, special separation benefits, and voluntary separation incentive from members of the Armed Forces subsequently receiving retired or retainer pay.
1. Short title This Act may be cited as the Military Retired Pay Fairness Act of 2013 . 2. Limitations on recoupment of separation pay, special separation benefits, and voluntary separation incentive from members subsequently receiving retired or retainer pay (a) Separation pay and special separation benefits Section 1174(h)(1) of title 10, United States Code, is amended— (1) by inserting (A) after (1) ; (2) by adding at the end the following new subparagraphs: (B) The amount deducted under subparagraph (A) from a payment of retired or retainer pay may not exceed 25 percent of the amount of the member’s retired or retainer pay for that month unless the member requests or consents to deductions at an accelerated rate. The Secretary of Defense shall consult with the member regarding the repayment rate to be imposed, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member’s dependents. (C) The deduction of amounts from the retired or retainer pay of a member under this paragraph may not commence until the date that is 90 days after the date on which the Secretary of Defense notifies the member of the deduction of such amounts under this paragraph. Any notice under this subparagraph shall be designed to provide clear and comprehensive information on the deduction of amounts under this paragraph, including information on the determination of the amount and period of installments under this paragraph. (D) The Secretary of Defense may waive the deduction of amounts from the retired or retainer pay of a member under this paragraph if the Secretary determines that deduction of such amounts would result in a financial hardship for the member. . (b) Voluntary separation incentive Section 1175(e)(3) of such title is amended— (1) by redesignating subparagraph (B) as subparagraph (C); (2) by inserting after subparagraph (A) the following new subparagraph: (B) The amount deducted under subparagraph (A) from a payment of retired or retainer pay may not exceed 25 percent of the amount of the member’s retired or retainer pay for that month unless the member requests or consents to deductions at an accelerated rate. The Secretary of Defense or the Secretary of Homeland Security, as applicable, shall consult with the member regarding the repayment rate to be imposed, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member’s dependents. ; and (3) by adding at the end the following new subparagraphs: (D) The deduction of amounts from the retired or retainer pay of a member under this paragraph may not commence until the date that is 90 days after the date on which the Secretary of Defense or the Secretary of Homeland Security, as applicable, notifies the member of the deduction of such amounts under this paragraph. Any notice under this subparagraph shall be designed to provide clear and comprehensive information on the deduction of amounts under this paragraph, including information on the determination of the amount and period of installments under this paragraph. (E) The Secretary of Defense or the Secretary of Homeland Security, as applicable, may waive the deduction of amounts from the retired or retainer pay of a member under this paragraph if the Secretary determines that deduction of such amounts would result in a financial hardship for the member. . (c) Effective date The amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and apply to deductions made from the retired or retainer pay of members of the uniformed services for that month and subsequent months. | https://www.govinfo.gov/content/pkg/BILLS-113hr3314ih/xml/BILLS-113hr3314ih.xml |
113-hr-3315 | I 113th CONGRESS 1st Session H. R. 3315 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. LaMalfa (for himself, Mr. Garamendi , Ms. Matsui , Mr. McNerney , and Mr. Denham ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the National Flood Insurance Act of 1968 to allow the repair, expansion, and construction, without elevation, of agricultural structures located in special flood hazard zones, and for other purposes.
1. Short title This Act may be cited as the Agricultural Structures Building Act of 2013 . 2. Requirements for State and local land use controls Subsection (a) of section 1315 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4022(a) ) is amended by adding at the end the following new paragraph: (3) Allowable local variances for certain agricultural structures (A) Requirement Notwithstanding any other provision of this Act, the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance in accordance with subparagraph (B) may be granted, and the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance. (B) Variance; considerations A variance in accordance with this subparagraph is a variance, granted by an appropriate official of the community, from compliance with such land use and control measures that allows for the repair, expansion, or construction of such agricultural structure without elevation of the structure, but only after a determination by such appropriate official that— (i) in the case of new construction, the agricultural structure is subject to base flood elevations of at least three feet; (ii) in the case of existing structures, it is not practicable to elevate the repaired or expanded structure to the base flood elevation; (iii) the structure is located within 5 miles of active agricultural operations; and (iv) not more than one claim payment exceeding $1,000 has been made for the structure under flood insurance coverage under this title within any period of 10 consecutive years. (C) Definition of agricultural structure For purposes of this paragraph, the term agricultural structure means any agricultural product processing facility, agricultural product storage facility, shed, farmhouse, barn, or other structure which has as its primary purpose supporting the agricultural industry. . 3. Premium rates Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended by adding at the end the following new subsection: (j) Premium rates for certain agricultural structures with variances Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the rate that otherwise would apply to such structure if the structure had been repaired, expanded, or constructed before the establishment of the special flood hazard area. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3315ih/xml/BILLS-113hr3315ih.xml |
113-hr-3316 | I 113th CONGRESS 1st Session H. R. 3316 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Lankford (for himself, Mr. Issa , and Mr. Walberg ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 31, United States Code, to provide transparency and require certain standards in the award of Federal grants, and for other purposes.
1. Short title This Act may be cited as the Grant Reform and New Transparency Act of 2013 or the GRANT Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Grants transparency requirements. Sec. 4. Report requirements relating to grants. Sec. 5. Plan for improving the single audit process. 3. Grants transparency requirements (a) Grants transparency requirements (1) In general Subtitle V of title 31, United States Code, is amended by inserting after chapter 73 the following new chapter: 74 Grants Transparency Requirements Sec. 7401. Definitions. 7402. Merit-based selection procedure requirements in awarding grants. 7403. Pre-award evaluation requirements. 7404. Website relating to Federal grants. 7405. Debriefing. 7401. Definitions In this chapter: (1) Applicant The term applicant means an entity that submits a proposal or application for a grant. (2) Competitive grant The term competitive grant means a grant entered into through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of an Executive agency. (3) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, except the term does not include the Government Accountability Office. (4) Grant The term grant means an award of Federal financial assistance through a grant agreement or cooperative agreement making payment in cash or in kind to a recipient to carry out a public purpose authorized by law. (5) Grant reviewer The term grant reviewer , with respect to a grant— (A) means any individual who reviews, evaluates, or participates in the decision to select a grant applicant for award of the grant; and (B) includes— (i) a peer reviewer; (ii) a merit reviewer; and (iii) a member of a technical evaluation panel or board or a special emphasis panel. (6) Proposal abstract The term proposal abstract , with respect to a grant proposal, means a summary containing key elements of the grant proposal. 7402. Merit-based selection procedure requirements in awarding grants (a) Merit-Based selection procedures required (1) In general Except as provided in paragraph (2), an Executive agency shall use merit-based selection procedures in awarding grants. (2) Exception for certain grants An Executive agency is not required to use merit-based selection procedures in awarding a grant if the grant is a block grant or formula grant for which Federal funds are required to be allocated in accordance with a distribution formula prescribed by law or regulation, or any other grant in which the allocation methodology for the grant funds is mandated by law. (b) Requirement for specific merit-Based selection procedures Each Executive agency shall establish and make publicly available online specific merit-based selection procedures for each grant program of the agency required under subsection (a) to use such procedures. (c) Merit-Based selection procedures described (1) In general The merit-based selection procedures required under subsection (a) shall promote the use of competition, and may be tailored to the particular requirements, objectives, and authorities of the agency. The procedures may address matters such as consideration of unsolicited proposals, standards for obtaining a competitive pool of applicants, and exceptions for safety, security, or other circumstances. (2) Specific matters included The merit-based selection procedures required under subsection (a) shall include, with respect to a grant, the following: (A) A clear statement of the purpose, duration (including anticipated grant continuations), and eligibility requirements of the grant. (B) A description of the manner in which applications or proposals for the grant will be evaluated, ranked, and selected for award, including the weighting of any evaluation factors or criteria that will be considered. (d) Advance notification of grant opportunity required (1) Agency notification Not later than 60 days before the date on which a grant opportunity becomes available, the head of the relevant Executive agency shall notify the Director of the Office of Management and Budget. (2) Public notification Not later than 30 days after receipt of the grant opportunity described under paragraph (1), the Director shall make available online the specific matters described under subsection (c)(2) with respect to such grant. 7403. Pre-award evaluation requirements (a) Evaluation required Before awarding a competitive grant, an Executive agency shall conduct an evaluation of the ability of the prospective grantee to successfully carry out the grant. (b) Matters covered The evaluation required by subsection (a) shall include a review of the following: (1) Financial management system The capability of the financial management system of the applicant to appropriately manage and account for funds according to accepted cost accounting principles determined by the Office of Management and Budget. (2) Internal controls The internal financial and administrative control systems of the applicant. (3) Compliance with reporting The capability of the applicant to comply with Federal reporting requirements for recipients of Federal funds. (4) Past performance and integrity The past performance and record of integrity of the applicant. (5) Other qualifications and competence The ability of the applicant to successfully carry out the purposes of the grant. (6) Other Federal assistance Whether the applicant has received other Federal funds through a contract or other type of assistance through a search of the System for Award Management and the Federal Assistance Award Data System. (c) Simplified evaluation procedure for certain applicants (1) In general In conducting the evaluation required under subsection (a) with respect to an applicant, an Executive agency shall minimize the burden on any covered applicant and shall consider any existing findings with respect to that covered applicant under the single audit process under chapter 75 of title 31 related to the matters in subsection (b). (2) Covered applicant defined In this subsection, the term covered applicant means an applicant that has received more than $10,000,000 in Federal grants during the previous 10 years before the date on which the evaluation occurs. 7404. Website relating to Federal grants (a) Requirement The Director of the Office of Management and Budget shall upgrade any existing or proposed public website for finding Federal grant opportunities and applying for such grants so that such website may serve as a central point of information and provide full access for applicants for competitive grants. The website shall capture in one site, or provide electronic links to, other relevant databases. (b) Notice of competitive grant funds availability At the time an Executive agency issues a solicitation or otherwise announces the availability of funds for a competitive grant, the agency shall post on the grants website maintained under this section relevant information about the grant opportunity, including the following: (1) Announcement and purpose The grant announcement and purpose of the grant. (2) Grant period The time period for performance of the grant and whether the agency anticipates that the grant will be continued. (3) Amount of available funds The amount of funds available for the grant. (4) Eligibility A statement of eligibility requirements of the grant. (5) Agency point of contact Contact information for the Executive agency, including the name, telephone number, and electronic mail address of a specific person or persons responsible for answering questions about the grant and the application process for the grant. (6) Evaluation factors or criteria A clear statement of the evaluation factors or criteria that the agency intends to use to evaluate and rank grant applications or proposals submitted, including the weight to be applied to each factor or criterion. (7) Disclosure of the process and standards for safeguarding against conflicts A description of the process and standards to be used by the agency to determine that each grant reviewer does not have a prohibited conflict of interest, as defined by applicable statute or regulation, with respect to the evaluation or review of a grant application or proposal, or the decision to award a grant. (8) Deadline The deadline for submission of grant applications or proposals. (c) Use by applicants The grants website maintained under this section shall, to the greatest extent practicable, allow grant applicants to— (1) use the website with any computer platform; (2) search the website for all competitive grants by purpose, funding agency, program source, and other relevant criteria; (3) apply for a competitive grant using the website; (4) manage, track, and report on the use of competitive grants using the website; and (5) provide all required certifications and assurances for a competitive grant using the website. (d) Grant Award information (1) In general For each competitive grant awarded by an Executive agency, the agency shall post on the grants website maintained under this section the information described in paragraph (2). Except as provided in paragraphs (2)(A), (2)(B), and (3), the information shall be posted within 30 days after an Executive agency notifies an applicant that the applicant has been selected to receive a grant award and shall be updated as necessary while the grant to the recipient is being performed. (2) Information posted For purposes of paragraph (1), the information described in this section with respect to each grant awarded by an Executive agency is the following: (A) Executed grant agreement Subject to paragraph (3), a copy of the final grant agreement, including the terms and conditions and the time period for performance of the grant. (B) Copy of proposal, application, or plan Subject to paragraph (3), a copy of any proposal, application, or plan submitted for the awarded grant, including any amendment to the proposal, application, or plan (whether made before or after the award of the grant). (C) Award decision documentation and rankings Documentation explaining the basis for the selection decision for the grant, the number of proposals received for the grant, and, with respect to the proposal that resulted in the grant award, the numerical ranking of the proposal by grant reviewers, if numerical rankings were assigned. (D) Justification for deviating from rankings In any case in which the award of the grant is not consistent with the numerical rankings or any other recommendations made by grant reviewers, a written justification explaining the rationale for the decision not to follow the rankings or recommendations. (E) Disclosure of Peer Reviewers The employer, and either the name and title or a unique identifier, of each individual who served as a peer reviewer for the grant program concerned, during the six-month period preceding the award of the grant. (F) Disclosure of Other Grant Reviewers The name, title, and employer of each individual who served as a reviewer (other than a peer reviewer) of proposals or applications for the grant, regardless of whether the individual is employed by the Federal government or not. (3) Exception to posting requirement Notwithstanding paragraphs (1), (2)(A), and (2)(B), if the head of the Executive agency determines, with respect to a particular grant award, that posting the proposal, application, or plan at the time described in paragraph (1) would adversely affect an applicant, the agency— (A) may post a proposal abstract or executive summary; and (B) shall post the complete proposal, application, or plan for any proposal that is released under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), not later than 60 days after the date on which the proposal, application, or plan is released. (e) Grant performance information Unless otherwise prohibited by law, with respect to each grant awarded by an Executive agency, within 60 days after the end of the period for completion of the grant, the agency shall post on the grants website maintained under this section the following information: (1) The final report or other final written product required under the terms of the grant. (2) Other related data or results of the grant, or links to other related data or results of the grant, that the agency considers to be of value to future researchers or in the public interest. (f) Submission and Publication of Grant Solicitation Forecast on the Grants website (1) Requirement Not later than November 30 of each year, the head of each Executive agency shall post a forecast, in accordance with paragraph (2), of all grant solicitations that the agency expects to issue for the following calendar year. The forecast shall be based on the best information available and shall not be binding on the agency. (2) Matters included The forecast shall include, to the extent practicable, the following for each expected grant solicitation in a machine readable format: (A) Subject and purpose A brief description of the subject and purpose of the grant, organized by the organizational unit of the Executive agency. (B) Point of contact Contact information for the organizational unit or individual responsible for the grant, if known, including name, telephone number, and electronic mail address. (C) Notice publication date The expected or actual dates for the issuance of the grant solicitation and application and the grant application submission deadline. (D) Award amount The estimated amount of the average grant award, the estimated maximum and minimum amounts of the grant award, if applicable, and the estimated total number of grant awards to be made. (E) Total funding A description of the total amount available to be awarded. (g) Publication of information Nothing in this section shall be construed as requiring the publication of information otherwise exempt under section 552 of title 5, United States Code (popularly referred to as the Freedom of Information Act ). (h) Transparency of information To the extent practicable, the grants website maintained under this section shall— (1) make the information described in this section available in its original format; (2) make the information described in this section available without charge, license, or registration requirement; (3) permit the information described in this section to be searched and aggregated; (4) permit the information described in this section to be downloaded in bulk; (5) permit the information described in this section to be disseminated via automatic electronic means; (6) permit the information described in this section to be freely shared by the public, such as by social media; (7) use permanent uniform resource locators for the information described in this section; and (8) provide an opportunity for the public to provide input about the usefulness of the site and recommendations for improvements. 7405. Debriefing If requested by an applicant for a competitive grant, for each grant award made in an amount in excess of $100,000 pursuant to a merit-based selection procedure, an Executive agency shall provide the applicant with a timely debriefing explaining the basis for the agency’s award decision, including, if applicable, the decision not to award a grant to the applicant. . (2) Clerical amendment The table of chapters at the beginning of subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 73 the following new item: 74. Grant Transparency Requirements 7401 . (b) Guidance for merit-Based selection procedures for grant programs Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue and disseminate guidance to aid Executive agencies in establishing merit-based selection procedures for agency grant programs, as required by section 7402(c) of title 31, United States Code, as added by subsection (a). (c) Deadline for merit-Based selection procedures for grant programs Not later than 180 days after the date of the enactment of this Act, each Executive agency shall carry out the requirement of section 7402(c) of such title, as so added. (d) Report on merit-Based selection procedures for grant programs Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the guidance issued by the Director of the Office of Management and Budget under subsection (b) and the actions taken by Executive agencies to establish merit-based selection procedures under subsection (c). (e) Executive agency defined In this section, the term Executive agency has the meaning given that term in section 105 of title 5, United States Code, except the term does not include the Government Accountability Office. 4. Report requirements relating to grants (a) Undisbursed grant funding report (1) Guidance Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to Executive agencies instructing each agency to identify amounts of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired and report to the Office of Management and Budget on the status and resolution of such funding. (2) Report requirement Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report summarizing the information reported by Executive agencies under subsection (a) and describing the actions the Director or Executive agencies plan to take with respect to the undisbursed grant funding identified in the information so reported. (b) Grants workforce report (1) Report requirement Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the Federal grants workforce. (2) Contents of report The report required under subsection (a) shall address— (A) the size of the Federal grants workforce and expected trends in Federal employment; (B) adequacy of training opportunities for the Federal grants workforce; (C) whether the Federal Acquisition Institute or any other existing entity engaged in acquisition workforce training should be made available for grant training; (D) whether a warrant system similar to that used in the Federal acquisition system should be established for Federal officials authorized to award grants; (E) the use by executive agencies of suspension and debarment actions taken against grantees during the three-year period preceding the date of submission of the report, and the level of agency resources assigned to the suspension and debarment functions; and (F) any recommendations for improving the Federal grants workforce. (c) Definitions In this section: (1) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, United States Code, except the term does not include the Government Accountability Office. (2) Federal grants workforce defined The term Federal grants workforce , with respect to an Executive agency, means all employees of the agency who spend some or all of their time engaged in— (A) grant planning; (B) preparing grant solicitations, Notices of Funding Availability, or other requests for grant proposals; (C) evaluating or reviewing grant applications, including serving on a peer review board; or (D) monitoring or administering grant performance by grantees. 5. Plan for improving the single audit process (a) Plan for improving the single audit process Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan on improving the single audit process required under chapter 75 of title 31, United States Code, that includes each of the following elements: (1) A centralized Federal Government oversight structure for the single audit process to monitor Federal agency implementation of single audit requirements under chapter 75 of title 31, United States Code. (2) Simplified alternative single audit requirements for non-Federal entities with expenditures for smaller Federal awards. (3) A proposal to shorten the single audit cycle, including the time periods for completing the audit and for Executive agency resolution of the audit. (4) An identification of any necessary legislative changes to implement any proposal under the plan. (5) A description of key milestones for implementation and necessary steps to complete implementation. (b) Report Not later than 180 days after the plan is submitted under subsection (a), the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of each element of the plan. (c) Definitions In this section: (1) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, United States Code, except the term does not include the Government Accountability Office. (2) Non-Federal entity The term non-Federal entity has the meaning given that term under section 7501 of title 31, United States Code. (3) Single audit The term single audit has the meaning provided by section 7501(a)(18) of title 31, United States Code. (4) Smaller Federal award The term smaller Federal award means a Federal award of less than $1,000,000 or such other amount specified by the Director of the Office of Management and Budget. | https://www.govinfo.gov/content/pkg/BILLS-113hr3316ih/xml/BILLS-113hr3316ih.xml |
113-hr-3317 | I 113th CONGRESS 1st Session H. R. 3317 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Waters (for herself, Mrs. Carolyn B. Maloney of New York , Mr. Al Green of Texas , Mr. Clay , Mr. Capuano , Mr. Meeks , Ms. Moore , and Mr. Lynch ) 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 strengthen the Federal statutes designed to deter money laundering and terrorism financing, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Holding Individuals Accountable and Deterring Money Laundering Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Holding executives responsible for violations Sec. 101. Penalties for violations of the Bank Secrecy Act. Sec. 102. Criminal penalties. Sec. 103. Strengthening civil injunctive authority. Sec. 104. Clarification of removal and prohibition authority under the FDIA. Sec. 105. Independent litigation authority for FinCEN. Sec. 106. Treatment of executive compensation and personal liability. Sec. 107. Corporate governance and the legal responsibilities. Title II—Strengthening of regulatory oversight and accountability Sec. 201. Reporting and oversight of Bank Secrecy Act-related enforcement actions. Sec. 202. Consideration of BSA compliance in management ratings. Title III—Clarification of safe harbor protections Sec. 301. Safe harbor protections. Title IV—Strengthening requirements and closing loopholes Sec. 401. Expanding the crimes that can be a predicate offense to money laundering. Sec. 402. Closing loopholes in Bank Secrecy Act reporting. Sec. 403. Definition of an institution-affiliated party. Title V—Whistleblower protections Sec. 501. Modernization and upgrading whistleblower protections. Title VI—Sense of the Congress regarding criminal penalties Sec. 601. Sense of the Congress. Title VII—Strengthening global commitments Sec. 701. International coordination. Sec. 702. Sense of Congress regarding list of countries at high risk for money laundering. 2. Findings The Congress finds the following: (1) Money laundering is a serious threat to our national and economic security. The scale, efficiency, and complexity of the U.S. financial system make it a prime target for those who seek to conceal and move the proceeds of illicit activity. (2) The spate of recent high-profile enforcement actions against some of the largest and most sophisticated financial institutions raises troubling questions about the effectiveness of U.S. domestic anti-money laundering and counter-terrorism financing regulatory, compliance and enforcement efforts. (3) Money launderers have proven to adapt quickly in order to avoid detection. U.S. anti-money laundering laws and regulations must be rigorously reviewed and constantly updated to close loopholes and address the changing tactics employed by bad actors. (4) Given the global nature of money laundering and terrorist financing and the increasing interrelatedness of the global financial system, a secure global framework is essential to the integrity of the U.S. financial system. (5) Efforts to stanch the flow of illegal money across the world to drug cartels and terrorist organizations should be a top U.S. priority. To achieve this mission, extensive collaboration among financial regulators, the Department of Treasury, the Department of State, the Department of Justice and state and federal law enforcement agencies is required. (6) U.S. anti-money laundering laws should meet international standards set by the Financial Action Task Force. (7) Without serious consequences for institutions and individuals who fail to protect financial institutions from illicit financial activity – including significant fines, banning individuals from the industry, and prison sentences for those who seek to actively evade anti-money laundering controls, financial institutions and individuals will continue to avoid compliance with U.S. anti-money laundering rules and regulations. (8) Effective anti-money laundering programs must emphasize sound corporate governance including business line accountability and clear lines of legal responsibility for individuals, including board members and chief executive officers. (9) Avoiding money laundering risks requires an effective anti-money laundering program and a strong institutional compliance culture, with written standards, knowledgeable and adequate staff, strong monitoring processes, effective anti-money laundering training, and compensation structures that reward compliance. (10) Anti-money laundering deficiencies often reflect weaknesses in the management of a financial firm, which can in turn adversely affect the firm’s overall safety and soundness. Failure to account for management deficiencies in this context may perpetuate a false perception of the stability of financial firms. (11) Anti-money laundering examinations in recent years at times failed to recognize the cumulative effect of the violations they cited, instead narrowly focusing their attention on individual banking units. The failure to review the cumulative effect of such violations permitted national banks to avoid and delay correcting problems, which allowed massive problems to occur before serious enforcement actions were taken. (12) Independent contractors often play a central role in monitoring and auditing the overall adequacy and effectiveness of a bank’s compliance program under the Bank Secrecy Act. Any failure to hold these independent entities to the same standard as any other party who participates in the affairs of a bank may jeopardize the efficacy of a bank’s anti-money laundering program. (13) Collaboration is an essential component of the U.S. strategy against money laundering, and is critical to our national security. U.S. law enforcement agencies are most effective when they work together by sharing information, insight, and data. (14) The flow of information related to suspicious activity from financial institutions to law enforcement plays a key role in facilitating the disruption of terrorist networks that seek to harm the United States. The flow of such information depends on a high degree of certainty that financial institutions will be protected from civil liability when sharing such information with federal law enforcement agencies. (15) Whistleblower rights and protections play an important role in helping to ensure corporate integrity. Robust protections for whistleblowers and enhanced rewards for informants will incentivize compliance with anti-money laundering rules and procedures, and encourage the provision of valuable information to regulators and law enforcement agencies. I Holding executives responsible for violations 101. Penalties for violations of the Bank Secrecy Act (a) Civil monetary penalties for willful violations Section 5321(a) of title 31, United States Code, is amended— (1) by striking (a)(1) A domestic financial institution and inserting the following: (a) In general (1) Civil monetary penalties for willful violations A domestic financial institution ; (2) in paragraph (1)— (A) by striking willfully violating each place such term appears and inserting willfully violating, or willfully causing any violation of, ; (B) by striking the amount (not to exceed $100,000) involved in the transaction (if any) or $25,000 and inserting 10 times the amount (not to exceed $10,000,000) involved in the transaction (if any) or $250,000 ; and (C) by adding at the end the following: In determining appropriate monetary penalty amounts under this paragraph, the Secretary has the authority to ensure that penalty amounts are commensurate with the nature of the violations, any patterns of violations, and, with respect to a financial institution or nonfinancial trade or business, the size, capitalization and market share of such institution or trade or business. ; and (3) in paragraph (4)(A), by inserting after who violates the following: , or causes any violation of, . (b) Civil monetary penalties for negligent violations Section 5321(a)(6) of title 31, United States Code, is amended to read as follows: (6) Negligence (A) In general The Secretary of the Treasury may impose a civil money penalty, for negligent violations of any provision of this subchapter or any regulation prescribed under this subchapter, of not more than— (i) $50,000, with respect to a financial institution or nonfinancial trade or business; and (ii) $5,000, with respect to any partner, director, officer, or employee of an institution, trade, or business. (B) Violations of the requirement to maintain procedures to ensure compliance For a violation of a regulation prescribed under section 5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. (C) Determination of penalty amount In determining appropriate monetary penalty amounts under this paragraph, the Secretary has the authority to ensure that penalty amounts are commensurate with the nature of the violations, any patterns of violations, and, with respect to a financial institution or nonfinancial trade or business, the size, capitalization and market share of such institution or trade or business. . 102. Criminal penalties (a) In general Section 5322 of title 31, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following: (c) Facilitating evasion In the case of a person described under subsection (a) or (b) who additionally takes steps to facilitate evasion of a program or controls under a regulation prescribed or order issued under this subchapter (except section 5315 or 5324 of this title or a regulation prescribed under section 5315 or 5324), section 21 of the Federal Deposit Insurance Act, or section 123 of Public Law 91–508 , the maximum prison terms under such subsections shall be treated as 20 years. ; and (3) by adding at the end the following: (f) Report In any case in which the Department of Justice settles a case with an individual or institution for violations under the this subchapter in exchange for a monetary penalty, the Department shall report to the Congress on why it did or did not pursue prison sentences in conjunction with the monetary penalty. . (b) GAO review of Bank Secrecy Act criminal sentences and mandatory minimum sentencing (1) Study The Comptroller General of the United States shall carry out a study of the mandatory minimum sentencing laws and guidelines for narcotics-related offenses and the prosecutorial discretion provided to the Department of Justice in determining criminal penalties for persons found guilty of violating Federal anti-money laundering laws. In carrying out such study, the Comptroller General shall compare and contrast the severity of the two sets of felonies. (2) Report Not later than the end of the 6-month period following the date of the enactment of this Act, the Comptroller General shall issue a report to the Congress containing all findings and determinations made in carrying out the study required by subsection (a), including any disparities identified in the appropriateness of the differing sentencing procedures and recommendations for establishing a more balanced sentencing system for Federal felonious acts. 103. Strengthening civil injunctive authority Section 5320 of title 31, United States Code, is amended— (1) by striking When the Secretary and inserting the following: (a) In general When the Secretary ; and (2) by inserting after will violate the following: or has caused, is causing, or will cause a violation of ; and (3) by inserting at the end the following: (b) Prohibition on certain individuals In any proceeding under subsection (a), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any individual who violated this subchapter, or a regulation prescribed or order issued under this subchapter, from acting as an officer or director of a financial institution if the person’s conduct demonstrates unfitness to serve as an officer or director of a financial institution. . 104. Clarification of removal and prohibition authority under the FDIA Section 8(e)(2)(A) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(e)(2)(A) ) is amended— (1) in clause (i), by striking was not inadvertent or unintentional and inserting involved a reckless disregard for the law or any applicable regulations or prior order of the appropriate Federal banking agency ; and (2) in clause (ii), by striking has knowledge and inserting knew, or should have known, . 105. Independent litigation authority for FinCEN Section 310 of title 31, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Independent litigation authority FinCEN may act in its own name and through its own attorneys in enforcing any provision of subchapter II of chapter 53, section 21 of the Federal Deposit Insurance Act, section 123 of Public Law 91–508 , any rules thereunder, or any other law or regulation, or in any action, suit, or proceeding relating to such laws or regulations to which the Financial Crimes Enforcement Network is a party. . 106. Treatment of executive compensation and personal liability (a) Certain executive compensation incentives barred The appropriate Federal banking agencies, the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Financial Crimes Enforcement Network shall issue regulations prohibiting financial institutions that are subject to an anti-money laundering program requirement under chapter X of title 31, Code of Federal Regulations, from providing executive compensation based on any criteria that could undermine compliance by individuals with the requirements of subchapter II of chapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ), or section 123 of Public Law 91–508 . (b) No avoidance of personal liability (1) In general An officer, director, employee, or other institution-affiliated party of a financial institution that is subject to an anti-money laundering program requirement under chapter X of title 31, Code of Federal Regulations, who is required by a Federal bank secrecy law that provides for personal liability, or any rule or order promulgated by an appropriate Federal banking agency, the Securities and Exchange Commission, the Commodity Futures Trading Commission, or the Financial Crimes Enforcement Network thereunder, to repay previously earned executive compensation or pay a civil money penalty— (A) shall be personally liable for the amounts so owed; and (B) may not, directly or indirectly, insure or hedge against, or otherwise transfer the risks associated with, personal liability for the amounts so owed. (2) Rule of construction Paragraph (1) shall not preclude a person from being provided funds necessary to defend against an action to recover previously earned executive compensation or a civil money penalty described under paragraph (1)— (A) from the relevant financial institution subject to an anti-money laundering program under chapter X of title 31, Code of Federal Regulations; (B) under an insurance policy; or (C) pursuant to court order. (c) Definitions For purposes of this section: (1) Appropriate Federal banking agency The term appropriate Federal banking agency has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (2) Executive compensation The term executive compensation means anything of value, regardless of the form in which provided, that is given by any institution subject to subsection (a) or its parent company to an officer, director, employee, or other institution-affiliated party in return for that individual’s service to such entity. (3) Federal bank secrecy law The term Federal bank secrecy law means— (A) the reporting requirements set forth in section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) section 123 of Public Law 91–508 ; and (C) subchapter II of chapter 53 of title 31, United States Code. (4) Institution-affiliated party The term institution-affiliated party — (A) has the meaning given such term under subsection (u) of section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) shall apply with respect to an institution subject to subsection (a) and its parent company to the same extent as such subsection applies to an insured depository institution. 107. Corporate governance and the legal responsibilities (a) In general Chapter 53 of title 31, United States Code, is amended— (1) by inserting after section 5322, the following: 5322A. Corporate governance and the legal responsibility of officers and employees (a) Ensuring compliance The Secretary of the Treasury, in consultation with the appropriate Federal banking agencies, the Securities and Exchange Commission, and the Commodities Futures Trading Commission, shall issue regulations requiring each financial institution that is subject to an anti-money laundering program requirement under chapter X of title 31, Code of Federal Regulations, to ensure compliance with the anti-money laundering program requirements described under section 5318(h) by establishing written policies, procedures, and risk management standards for ensuring compliance with the requirements of this subtitle that— (1) require the head of compliance for each business line of such institution to make regular reports directly to the board of directors and the chief executive officer of such institution on the business line’s compliance activities; (2) require the board to certify each report received pursuant to paragraph (1); (3) ensure adequate staffing and funding for entities within the institution responsible for compliance with the requirements of this subtitle; and (4) periodically test the effectiveness of the institution’s programs for compliance with the requirements of this subtitle. (b) Legal responsibility of certain officers and employees With respect to any violation of this subtitle by a each financial institution that is subject to an anti-money laundering program requirement under chapter X of title 31, Code of Federal Regulations, any officer or other employee who was in a position that would have enabled such officer or employee to materially affect compliance with the requirements of this subtitle shall also be in violation of this subtitle, if such officer or other employee knew, or should have known, that such violation was being committed and did not take meaningful steps to stop such violation. (c) Clawback employment provision Each financial institution that is subject to an anti-money laundering program requirement under chapter X of title 31, Code of Federal Regulations, shall, in each employment agreement entered into by such institution, include a provision that gives the institution the right to require the repayment of any bonus or other compensation paid to the employee in any case where such employee was violating a provision of this subchapter and knew, or should have known, of such violation. (d) Definition For purposes of this section, the term appropriate Federal banking agency has the meaning given such term under section 3 of the Federal Deposit Insurance Act (12 U.S.C.1813). ; and (2) in the table of contents for such chapter, by inserting after the item relating to section 5322 the following new item: 5322A. Corporate governance and the legal responsibility of officers and employees . (b) Effective date The amendments made by subsection (a) shall apply to a financial institution (as such term is defined under section 5312 of title 31, United States Code) after the end of the 6-month period beginning on the date of the enactment of this Act. II Strengthening of regulatory oversight and accountability 201. Reporting and oversight of Bank Secrecy Act-related enforcement actions (a) In general Chapter 53 of title 31, United States Code, is amended— (1) by inserting after section 5326 the following: 5327. Oversight of examination and enforcement activities (a) Reporting of enforcement activities to FinCEN Each appropriate Federal banking agency, the Securities and Exchange Commission, and the Commodity Futures Trading Commission shall report to FinCEN on each formal and informal enforcement or supervisory action, including each matter requiring attention, and each matter requiring immediate attention, related to a violation of this subchapter or anti-money laundering deficiency, taken by such agency to enforce the requirements of this subchapter, including, for each such action— (1) the type of violation or deficiency with respect to which the enforcement or supervisory action was taken; and (2) the specific type of formal or informal enforcement or supervisory action taken. (b) Review of reports by FinCEN (1) In general FinCEN shall review all reports submitted by agencies under subsection (a) to identify systemic or repeated instances of non-compliance and, if FinCEN determines that an agency has failed to adequately or appropriately carry out the agency’s enforcement responsibilities with respect to the requirements of this subchapter, FinCEN shall issue a report to such agency containing an explanation of FinCEN’s determination. (2) Report to the Congress FinCEN shall issue an annual report to the Congress containing— (A) a summary of all formal and informal enforcement or supervisory actions for which FinCEN received notification from the agencies under subsection (a), but without any privileged or confidential information contained in such report, as identified by the agency submitting the report; and (B) any recommendations made by FinCEN to such agencies in response to a determination by FinCEN that the agency failed to adequately or appropriately carry out the agency’s enforcement or supervisory responsibility or failed to take adequate or appropriate corrective action in response to any individual violation or pattern of violations. (c) Inspector General review of procedures The Inspector General of each appropriate Federal banking agency shall— (1) carry out at least one review each year of the agency’s examination and enforcement activities with respect to ensuring compliance with the requirements of this subchapter and ensuring adequate resources are being devoted to such enforcement; and (2) make such reviews available to the public, including on the website of the Inspector General. (d) Definitions For purposes of this section: (1) FinCEN The term FinCEN means the Financial Crimes Enforcement Network. (2) Other terms The terms appropriate Federal banking agency and insured depository institution have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act (12 U.S.C.1813). ; and (2) in the table of contents for such chapter, by inserting after the item relating to section 5326 the following new item: 5327. Oversight of examination and enforcement activities. . (b) Confidentiality of information submitted to FinCEN Section 310 of title 31, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Confidentiality of information submitted to FinCEN The submission by any appropriate Federal banking agency (as such term is defined under section 3 of the Federal Deposit Insurance Act) of any information to FinCEN for any purpose in the course of any supervisory or regulatory process of such agency shall not be construed as waiving, destroying, or otherwise affecting any privilege, including confidentiality of supervisory information, that any agency or person may claim with respect to such information under Federal or State law. . 202. Consideration of BSA compliance in management ratings (a) In general To the extent there are ratings of a depository institution’s management and internal controls, the appropriate Federal banking agencies shall consider the extent to which the institution complies with the requirements of the Bank Secrecy Act. (b) Definitions (1) Bank Secrecy Act The term Bank Secrecy Act has the meaning given the term Federal bank secrecy law under section 106(c)(5). (2) Other definitions The terms appropriate Federal banking agency and depository institution have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). III Clarification of safe harbor protections 301. Safe harbor protections (a) Disclosure to Government agencies Section 5318(g)(3)(B) of title 31, United States Code, is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period and inserting ; or ; and (3) by adding at the end the following: (iii) any duty or requirement of a financial institution or any director, officer, employee, or agent of such institution to demonstrate that a disclosure described in subparagraph (A) is made in good faith. . (b) Disclosure to financial institutions Section 314 of the USA PATRIOT Act ( 31 U.S.C. 5311 note) is amended— (1) in subsection (b)— (A) by striking terrorist or money laundering activities and inserting terrorist or money laundering activities or a specified unlawful activity (as defined in section 1956(c)(7) of title 18, United States Code) ; and (B) by striking terrorist acts or money laundering activities and inserting such acts or activities ; and (2) in subsection (c), by striking terrorist acts or money laundering activities and inserting terrorist or money laundering activities or a specified unlawful activity (as defined in section 1956(c)(7) of title 18, United States Code) . IV Strengthening requirements and closing loopholes 401. Expanding the crimes that can be a predicate offense to money laundering Section 1956(c)(7) of title 18, United States Code, is amended to read as follows: (7) the term specified unlawful activity means any act or activity constituting an offense in violation of the laws of the United States punishable by imprisonment for a term exceeding 1 year; . 402. Closing loopholes in Bank Secrecy Act reporting (a) Report to Congress on the status of the temporary exemptions FinCEN shall issue a report to Congress on the status of the temporary exemptions under section 1010.205(b) of title 31, Code of Federal Regulations, including any reviews, studies, or proposed or notice of a rulemaking that FinCEN has undertaken with regard to each financial institution that is exempted from the requirement concerning the establishment of anti-money laundering programs. The report shall also include a justification for the exemption of each category of financial institution exempted under the regulation. (b) Reporting by certain transporters Not later than the end of the 270-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations to establish the manner in which operators of armored cars and other commercial monetary instrument transport enterprises are to comply with the reporting requirements under section 5316 of title 31, United States Code. 403. Definition of an institution-affiliated party (a) Definition Section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(u) ) is amended— (1) in subsection (u)(4), by striking knowingly and all that follows through the end of the paragraph and inserting participates in the conduct of, the affairs of, or conducts the business of an insured depository institution. ; and (2) by adding at the end the following: (aa) Unsafe or unsound practice The term unsafe or unsound practice means, any action, or lack of action, which is contrary to generally accepted standards of prudent operation, the possible consequences of which, if continued, would be abnormal risk or loss or damage to an institution, its shareholders, or the Deposit Insurance Fund. . (b) Rule of construction related to independent contractors Section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) is amended by adding at the end the following: (x) Rule of construction related to independent contractors For purposes of this Act, an independent contractor participates in the conduct of the affairs of, or conducts the business of, an insured depository institution by performing services for the institution. . V Whistleblower protections 501. Modernization and upgrading whistleblower protections (a) In general Section 5328 of title 31, United States Code, is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) Prohibition against discrimination No financial institution or nonfinancial trade or business may discharge or otherwise discriminate against any applicant for employment, employee, or former employee with respect to compensation, terms, conditions, or privileges of employment because the applicant, employee, or former employee (or any person acting pursuant to the request of the employee)— (1) provided, was about to provide, assisted in providing, or was perceived as providing information to the Secretary of the Treasury, the Attorney General, any Federal supervisory agency, or the Congress regarding a possible violation of any provision of this subchapter or section 1956, 1957, or 1960 of title 18, or any regulation under any such provision, by the financial institution or nonfinancial trade or business or any director, officer, or employee of the financial institution or nonfinancial trade or business; or (2) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the applicant, employee, former employee (or other such person) reasonably believed to be in violation of any provision of this subchapter or any other Act enforced by the Secretary of the Treasury, the Attorney General, a Federal supervisory agency, or any order, rule, regulation, standard, or ban under this subchapter of any of such Acts. (b) Enforcement Within the 2-year period beginning on the date an applicant, employee, or former employee who believes that such applicant, employee, or former employee has been discharged or discriminated against in violation of subsection (a), such applicant, employee, or former employee may— (1) file a civil action in the appropriate United States district court, in accordance with the burdens of proof and remedies set forth in section 1057 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5567 ); or (2) file a complaint with the Secretary of Labor with regards to a violation of subsection (a) to seek relief in accordance with the procedures, burdens of proof, and remedies set forth in section 1057 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5567 ) for a violation of subsection (a) of such section, except that for purposes of such a complaint, the time period specified under subsection (c)(1)(A) of such section shall be deemed to be a 2-year period. ; (2) in subsection (c), by inserting after district court the following: or the Secretary, as applicable, ; and (3) by amending subsection (e) to read as follows: (e) Education The Secretary of the Treasury shall issue regulations requiring each financial institution and nonfinancial trade or business to provide education and training to its employees on the rights and remedies provided under this section, including through individual notice to its employees, posting information on its website home page, and providing mandatory training for its employees. Such education and training may be incorporated into existing education or training on the requirements of this subtitle provided by such institution or trade or business. (f) Independent lines of communication The Secretary of the Treasury shall issue regulations requiring each financial institution and nonfinancial trade or business— (1) to have a procedure in place for an employee or former employee to report directly to the chief executive officer, a representative appointed by and reporting directly to the chief executive officer who is specifically designated to receive such a report, or through a hotline consistent with professional best practices to the audit committee of the board of directors, if such employee or former employee believes that violations of this subchapter have occurred or are occurring at such institution, trade, or business; and (2) to not discriminate against an employee or former employee for such reports. . (b) Rewards Section 5323(d) of title 31, United States Code, is amended to read as follows: (d) Source of rewards For the purposes of paying an award under this section, there are authorized to be appropriated such sums as may be necessary, and the Secretary may also use funds from the Department of the Treasury Forfeiture Fund and the Department of Justice Assets Forfeiture Fund. . (c) Whistleblower incentives Chapter 53 of title 31, United States Code, is amended— (1) by inserting after section 5323 the following: 5323A. Whistleblower incentives (a) Definitions For purposes of this section: (1) Bank Secrecy Act The term Bank Secrecy Act means this subchapter, section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ), and section 123 of Public Law 91–508 . (2) Covered judicial or administrative action The term covered judicial or administrative action means any judicial or administrative action brought by FinCEN under the Bank Secrecy Act that results in monetary sanctions exceeding $1,000,000. (3) FinCEN The term FinCEN means the Financial Crimes Enforcement Network. (4) Monetary sanctions The term monetary sanctions , when used with respect to any judicial or administrative action, means— (A) any monies, including penalties, disgorgement, and interest, ordered to be paid; and (B) any monies deposited into a disgorgement fund as a result of such action or any settlement of such action. (5) Original information The term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to FinCEN from any other source, unless the whistleblower is the original source of the information; and (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information. (6) Related action The term related action , when used with respect to any judicial or administrative action brought by FinCEN, means any judicial or administrative action that is based upon original information provided by a whistleblower that led to the successful enforcement of the action. (7) Whistleblower The term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, information relating to a violation of laws enforced by FinCEN, in a manner established, by rule or regulation, by FinCEN. (b) Awards (1) In general In any covered judicial or administrative action, or related action, FinCEN, under regulations it prescribes and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information to FinCEN that led to the successful enforcement of the covered judicial or administrative action, or related action, in an aggregate amount equal to— (A) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions; and (B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions. (2) Source of awards For the purposes of paying any award under paragraph (1) there are authorized to be appropriated such sums as may be necessary, and the Secretary may also use funds from the Department of the Treasury Forfeiture Fund and the Department of Justice Assets Forfeiture Fund. (c) Determination of amount of award; denial of award (1) Determination of amount of award (A) Discretion The determination of the amount of an award made under subsection (b) shall be in the discretion of FinCEN. (B) Criteria In responding to a disclosure and determining the amount of an award made, FinCEN shall meet with the whistleblower to discuss evidence disclosed and rebuttals to the disclosure, and— (i) shall take into consideration— (I) the significance of the information provided by the whistleblower to the success of the covered judicial or administrative action; (II) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action; (III) the mission of FinCEN in deterring violations of the law by making awards to whistleblowers who provide information that lead to the successful enforcement of such laws; and (IV) such additional relevant factors as FinCEN may establish by rule or regulation; and (ii) shall not take into consideration the balance of any fund described under section 5323(d). (2) Denial of award No award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to FinCEN, a member, officer, or employee of— (i) an appropriate regulatory agency; (ii) the Department of Justice; (iii) a self-regulatory organization; or (iv) a law enforcement organization; (B) to any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who gains the information through the performance of an audit of financial statements required under the Bank Secrecy Act and for whom such submission would be contrary to its requirements; or (D) to any whistleblower who fails to submit information to FinCEN in such form as FinCEN may, by rule, require. (3) Statement of reasons For any decision granting or denying an award, FinCEN shall provide to the whistleblower a statement of reasons that includes findings of fact and conclusions of law for all material issues (d) Representation (1) Permitted representation Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation (A) In general Any whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower anonymously submits the information upon which the claim is based. (B) Disclosure of identity Prior to the payment of an award, a whistleblower shall disclose their identity and provide such other information as FinCEN may require, directly or through counsel for the whistleblower. (e) Appeals Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of FinCEN. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by FinCEN. The court shall review the determination made by FinCEN in accordance with section 706 of title 5. ; and (2) in the table of contents for such chapter, by inserting after the item relating to section 5323 the following new item: 5323A. Whistleblower incentives . VI Sense of the Congress regarding criminal penalties 601. Sense of the Congress It is the sense of Congress that the Department of Justice should vigorously pursue criminal penalties to the maximum extent of the law, including prison sentences, for individuals who willfully violate Bank Secrecy Act anti-money laundering laws, thereby exposing the U.S. financial system to a wide array of money laundering, drug trafficking and terrorism financing risks. VII Strengthening global commitments 701. International coordination The Secretary of the Treasury shall work with the Secretary’s foreign counterparts, including through the Financial Action Task Force, the International Monetary Fund, the World Bank, and the United Nations, to promote stronger anti-money laundering frameworks and enforcement of anti-money laundering laws. 702. Sense of Congress regarding list of countries at high risk for money laundering It is the sense of Congress that when Treasury identifies countries or jurisdictions as a primary money laundering concern under section 311 of the USA Patriot Act, it should consider— (1) countries and jurisdictions identified by the Department of State in its annual International Narcotics Control Strategy Report as Jurisdictions of Primary Concern or jurisdiction’s subject to heightened scrutiny; (2) whether the Financial Action Task Force has identified a country or jurisdiction as having anti-money laundering or counter-terrorism financing deficiencies and to which countermeasures apply; and (3) countries and jurisdictions that have not made sufficient progress in addressing the deficiencies identified by the Financial Action Task Force or have not committed to an action plan developed with the Financial Action Task Force to address the deficiencies. | https://www.govinfo.gov/content/pkg/BILLS-113hr3317ih/xml/BILLS-113hr3317ih.xml |
113-hr-3318 | I 113th CONGRESS 1st Session H. R. 3318 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Shea-Porter (for herself, Mr. Cohen , Mr. Tonko , Mr. Holt , Mr. Rangel , Mr. Grijalva , Mr. Ellison , Mr. Honda , Mr. Courtney , Mr. McDermott , Ms. Kuster , Mr. Cárdenas , Mr. Ben Ray Luján of New Mexico , Ms. Lee of California , Ms. Castor of Florida , Mr. Swalwell of California , Mr. Cartwright , Mr. Price of North Carolina , Mr. Walz , Ms. Brownley of California , Mr. Capuano , Mr. Butterfield , Mr. McGovern , Mr. Pocan , Ms. Bonamici , Mr. Jones , Mr. King of New York , Ms. Ros-Lehtinen , Ms. Edwards , Ms. Titus , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the above-the-line deduction for certain expenses of elementary and secondary school teachers.
1. Short title This Act may be cited as the Reimburse Educators who Pay for Academic Year Supplies Act of 2013 or as the REPAY Supplies Act of 2013 . 2. Above-the-line deduction for certain expenses of elementary and secondary school teachers made permanent (a) In general Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking In the case of taxable years beginning during 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, or 2013, the deductions and inserting The deductions . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3318ih/xml/BILLS-113hr3318ih.xml |
113-hr-3319 | I 113th CONGRESS 1st Session H. R. 3319 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Issa (for himself, Mr. Clay , and Mr. Mulvaney ) 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 and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modernize the Federal Employees Health Benefits Program, and for other purposes.
1. Short title This Act may be cited as the Equal Healthcare Access Act . 2. Access to Federal health insurance (a) In general Subpart G of part III of title 5, United States Code, is amended— (1) by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; and (2) by inserting after chapter 89 the following: 89A Health insurance for non-Federal employees Sec. 8921. Definitions. 8922. Health insurance program. 8923. Contracting requirement. 8924. Eligibility to enroll. 8925. Exceptions to provisions incorporated by reference. 8926. Coordination and application provisions. 8921. Definitions For purposes of this chapter— (1) any term used in this chapter which is defined in section 8901 shall have the same meaning as is given such term under such section; and (2) the term Office means the Office of Personnel Management. 8922. Health insurance program (a) In general The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter. (b) Regulations The Office shall prescribe regulations under which, except as otherwise provided in this chapter and to the maximum extent practicable, the provisions of chapter 89 shall be applied for purposes of carrying out this chapter. 8923. Contracting requirement The Office shall, not later than 9 months after the date of the enactment of the Equal Healthcare Access Act , enter into contracts with qualified carriers to make health benefits plans available under this chapter. 8924. Eligibility to enroll (a) In general Any qualified individual may enroll in a health benefits plan under this chapter. (b) Qualified individual defined For purposes of this section, the term qualified individual means any individual other than an individual who is enrolled or eligible to be enrolled in a health benefits plan under chapter 89, including as a family member. 8925. Exceptions to provisions incorporated by reference Notwithstanding any other provision of law— (1) subscription charges for a health benefits plan under this chapter may differ between or among geographic regions; and (2) an employer may, under arrangements satisfactory to the Office— (A) offer coverage under this chapter to its employees; and (B) make a contribution toward the cost of such coverage. 8926. Coordination and application provisions (a) Coordination A health benefits plan under this chapter shall be deemed to be a health plan offered through an Exchange established under the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 124 Stat. 119) for purposes of section 1312 of such Act ( 42 U.S.C. 18032 ). (b) Application (1) In general In the case of a qualified individual enrolled in a health benefits plan under this chapter— (A) for purposes of section 36B of the Internal Revenue Code of 1986, such plan shall be treated as a qualified health plan described in subsection (b)(2)(A) thereof that was enrolled in through an Exchange established by a State under section 1311 of the Patient Protection and Affordable Care Act; and (B) for purposes of section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ), such plan shall be treated as a qualified health plan in the silver level of coverage in the individual market offered through an Exchange. (2) Regulations The Office of Personnel Management, in consultation with the Secretary of the Treasury, shall prescribe regulations necessary to carry out this subsection. . (b) Clerical amendments The table of chapters for part III of title 5, United States Code, is amended— (1) in the item relating to chapter 89A, by striking 89A and inserting 89B ; (2) in the item relating to chapter 89B, by striking 89B and inserting 89C ; and (3) by inserting after the item relating to chapter 89 the following: 89A. Health Insurance for Non-Federal Employees 8921 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3319ih/xml/BILLS-113hr3319ih.xml |
113-hr-3320 | I 113th CONGRESS 1st Session H. R. 3320 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Bucshon introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure appropriate coverage of ventricular assist devices under the Medicare program under title XVIII of the Social Security Act, and for other purposes.
1. Short title This Act may be cited as the Medicare Ventricular Assist Device Access Act of 2013 . 2. Findings; purpose (a) Findings Congress finds the following: (1) Ventricular assistance devices are mechanical blood pumps that surgeons attach to a damaged or weakened native heart to assist in pumping blood. (2) Under its coverage policy as of the date of the enactment of this Act, the Medicare program covers ventricular assist devices for Medicare beneficiaries that meet certain criteria after open-heart surgery, that are approved and listed as candidates for heart transplant by a Medicare-approved heart transplant center, and for those who are not eligible for a heart transplant. (3) The Medicare program does not currently cover Medicare beneficiaries for ventricular assist devices who are— (A) undergoing an evaluation to determine their candidacy for heart transplantation; or (B) potential heart transplant candidates, but who are currently not eligible for heart transplantation because of a contraindication that may be favorably modified by the use of a ventricular assist device. (4) Approximately 40 percent of patients who receive a ventricular assist device are not eligible for a heart transplant initially, but may become eligible as the ventricular support improves their overall health. (b) Purpose The purpose of this Act is to ensure Medicare beneficiaries with heart failure have appropriate access to ventricular assist devices. 3. Revision of Medicare ventricular assist device national coverage policy (a) In general Notwithstanding section 1862(a)(1)(A) of the Social Security Act ( 42 U.S.C. 1395y(a)(1)(A) ) or any other provision of law, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall revise the Medicare national coverage determination (as defined in section 1869(f)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ff(f)(1)(B) )) relating to coverage of ventricular assist devices to extend the coverage of such devices under title XVIII of the Social Security Act applied as of the date of the enactment of this Act with respect to individuals approved for heart transplantation to also apply to— (1) individuals who are undergoing an evaluation to determine candidacy for heart transplantation; and (2) individuals who would be potential heart transplant candidates, but are not so eligible because of a contraindication that may be favorably modified by the use of a ventricular assist device. (b) Construction Nothing in this section shall be construed— (1) to limit coverage of ventricular assist devices for Medicare beneficiaries who meet the Medicare criteria for coverage of ventricular assist devices as of the date of enactment of this Act; or (2) as preventing the Secretary from expanding its coverage decision beyond the coverage required under this section. (c) Revision of national coverage decision; effective date (1) Revision of national coverage decision The Secretary shall use the processes described in section 1862(l) of the Social Security Act ( 42 U.S.C. 1395y(l) ) to revise its national coverage determination relating to ventricular assist devices to incorporate the requirements of this section. (2) Effective date The revised coverage decision described in paragraph (1) shall apply to ventricular assist devices furnished on or after the date that is 30 days after the date of the enactment of this Act, regardless of the date on which the Secretary completes the process required under such paragraph. | https://www.govinfo.gov/content/pkg/BILLS-113hr3320ih/xml/BILLS-113hr3320ih.xml |
113-hr-3321 | I 113th CONGRESS 1st Session H. R. 3321 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Cohen introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the National Voter Registration Act of 1993 to require each voter registration agency in a State which requires an individual to present a government-issued photo identification as a condition of voting in an election for Federal office to provide such an identification without charge upon request to any such individual who does not otherwise possess one, and for other purposes.
1. Short title This Act may be cited as the Voter ID Accessibility Act of 2013 . 2. Requiring states with photo identification requirement for voting to provide identification to individuals without identification (a) Requirement Section 7 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5 ) is amended by adding at the end the following new subsection: (e) Provision of photo identification by states requiring photo identification as condition of voting If a State has in effect a requirement that an individual present a government-issued photo identification as a condition of voting in an election for Federal office held in the State (or, in the case of an individual who wishes to vote by mail in such an election, a copy of a government-issued photo identification)— (1) in the case of an individual who is an applicant to register to vote in the State, each voter registration agency in the State shall, at the time the agency provides the individual with a voter registration application form, notify the individual of such requirement and provide the individual with such an identification without charge upon request; (2) in the case of an individual who is registered to vote in the State but does not otherwise possess such an identification, the State shall, at such time and in accordance with such procedures as the State may require, notify the individual of such requirement and provide the individual with such an identification without charge upon request, so long as the State provides the individual with reasonable opportunities to obtain the identification prior to the date of the election; and (3) in the case of an individual who requests that a voter registration agency provide the individual with such an identification under paragraph (1) or paragraph (2), the State shall provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification. . (b) Effective date The amendments made by this Act shall apply with respect to elections held on or after the 90-day period which begins on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3321ih/xml/BILLS-113hr3321ih.xml |
113-hr-3322 | I 113th CONGRESS 1st Session H. R. 3322 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. DeGette (for herself, Mr. Whitfield , Mr. Hinojosa , Ms. Chu , and Ms. Fudge ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to prevent and treat diabetes, to promote and improve the care of individuals with diabetes, and to reduce health disparities, relating to diabetes, within racial and ethnic minority groups, including the African-American, Hispanic American, Asian American, Native Hawaiian and Other Pacific Islander, and American Indian and Alaskan Native communities.
1. Short title This Act may be cited as the Eliminating Disparities in Diabetes Prevention, Access, and Care Act of 2013 . I NATIONAL INSTITUTES OF HEALTH 101. Research, treatment, and education (a) In general Subpart 3 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285c et seq. ) is amended by adding at the end the following new section: 434B. Diabetes in minority populations (a) In general The Director of NIH shall expand, intensify, and support ongoing research and other activities with respect to prediabetes and diabetes, particularly type 2, in minority populations. (b) Research (1) Description Research under subsection (a) shall include investigation into— (A) the causes of diabetes, including socioeconomic, geographic, clinical, environmental, genetic, and other factors that may contribute to increased rates of diabetes in minority populations; and (B) the causes of increased incidence of diabetes complications in minority populations, and possible interventions to decrease such incidence. (2) Inclusion of minority participants In conducting and supporting research described in subsection (a), the Director of NIH shall seek to include minority participants as study subjects in clinical trials. (c) Report; comprehensive plan (1) In general The Diabetes Mellitus Interagency Coordinating Committee shall— (A) prepare and submit to the Congress, not later than 6 months after the date of enactment of this section, a report on Federal research and public health activities with respect to prediabetes and diabetes in minority populations; and (B) develop and submit to the Congress, not later than 1 year after the date of enactment of this section, an effective and comprehensive Federal plan (including all appropriate Federal health programs) to address prediabetes and diabetes in minority populations. (2) Contents The report under paragraph (1)(A) shall at minimum address each of the following: (A) Research on diabetes and prediabetes in minority populations, including such research on— (i) genetic, behavioral, and environmental factors; and (ii) prevention and complications among individuals within these populations who have already developed diabetes. (B) Surveillance and data collection on diabetes and prediabetes in minority populations, including with respect to— (i) efforts to better determine the prevalence of diabetes among Asian American and Pacific Islander subgroups; and (ii) efforts to coordinate data collection on the American Indian population. (C) Community-based interventions to address diabetes and prediabetes targeting minority populations, including— (i) the evidence base for such interventions; (ii) the cultural appropriateness of such interventions; and (iii) efforts to educate the public on the causes and consequences of diabetes. (D) Education and training programs for health professionals (including community health workers) on the prevention and management of diabetes and its related complications that is supported by the Health Resources and Services Administration, including such programs supported by— (i) the National Health Service Corps; or (ii) the community health centers program under section 330. (d) Education The Director of NIH shall— (1) through the National Institute on Minority Health and Health Disparities and the National Diabetes Education Program— (A) make grants to programs funded under section 464z–4 (relating to centers of excellence) for the purpose of establishing a mentoring program for health care professionals to be more involved in weight counseling, obesity research, and nutrition; and (B) provide for the participation of minority health professionals in diabetes-focused research programs; and (2) make grants for programs to establish a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields by expanding Minority Access to Research Careers (MARC) program internships and mentoring opportunities for recruitment. (e) Definitions For purposes of this section: (1) The Diabetes Mellitus Interagency Coordinating Committee means the Diabetes Mellitus Interagency Coordinating Committee established under section 429. (2) The term minority population means a racial and ethnic minority group, as defined in section 1707. . II CENTERS FOR DISEASE CONTROL AND PREVENTION 201. Research, education, and other activities Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317T the following section: 317U. Diabetes in minority populations (a) Research and other activities (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct and support research and public health activities with respect to diabetes in minority populations. (2) Certain activities Activities under paragraph (1) regarding diabetes in minority populations shall include the following: (A) Further enhancing the National Health and Nutrition Examination Survey by over-sampling Asian American, Native Hawaiian, and Other Pacific Islanders in appropriate geographic areas to better determine the prevalence of diabetes in such populations as well as to improve the data collection of diabetes penetration disaggregated into major ethnic groups within such populations. The Secretary shall ensure that any such oversampling does not reduce the oversampling of other minority populations including African-American and Latino populations. (B) Through the Division of Diabetes Translation— (i) providing for prevention research to better understand how to influence health care systems changes to improve quality of care being delivered to such populations; (ii) carrying out model demonstration projects to design, implement, and evaluate effective diabetes prevention and control interventions for minority populations, including culturally appropriate community-based interventions; (iii) developing and implementing a strategic plan to reduce diabetes in minority populations through applied research to reduce disparities and culturally and linguistically appropriate community-based interventions; (iv) supporting, through the national diabetes prevention program under section 399V–3, diabetes prevention program sites in underserved regions highly impacted by diabetes; and (v) implementing, through the national diabetes prevention program under section 399V–3, a demonstration program developing new metrics measuring health outcomes related to diabetes that can be stratified by specific minority populations. (b) Education The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall direct the Division of Diabetes Translation to conduct and support both programs to educate the public on diabetes in minority populations and programs to educate minority populations about the causes and effects of diabetes. (c) Diabetes; health promotion, prevention activities, and access The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the National Diabetes Education Program, shall conduct and support programs to educate specific minority populations through culturally appropriate and linguistically appropriate information campaigns about prevention of, and managing, diabetes. (d) Definition For purposes of this section, the term minority population means a racial and ethnic minority group, as defined in section 1707. . III HEALTH RESOURCES AND SERVICES ADMINISTRATION 301. Research, education, and other activities Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following new section: 399V–6. Programs to educate health providers on the causes and effects of diabetes in minority populations (a) In general The Secretary, acting through the Director of the Health Resources and Services Administration, shall conduct and support programs described in subsection (b) to educate health professionals on the causes and effects of diabetes in minority populations. (b) Programs Programs described in this subsection, with respect to education on diabetes in minority populations, shall include the following: (1) Giving priority, under the primary care training and enhancement program under section 747— (A) to awarding grants to focus on or address diabetes; and (B) adding minority populations to the list of vulnerable populations that should be served by such grants. (2) Providing additional funds for the Health Careers Opportunity Program, Centers for Excellence, and the Minority Faculty Fellowship Program to partner with the Office of Minority Health under section 1707 and the National Institutes of Health to strengthen programs for career opportunities focused on diabetes treatment and care within underserved regions highly impacted by diabetes. (3) Developing a diabetes focus within, and providing additional funds for, the National Health Service Corps Scholarship Program— (A) to place individuals in areas that are disproportionately affected by diabetes and to provide diabetes treatment and care in such areas; and (B) to provide such individuals continuing medical education specific to diabetes care. . IV INDIAN HEALTH SERVICE 401. Research, education, and other activities Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ), as amended by section 301, is further amended by adding at the end the following section: 399V–7. Research, education, and other activities regarding diabetes in American Indian populations In addition to activities under sections 317V–6 and 434B, the Secretary, acting through the Indian Health Service and in collaboration with other appropriate Federal agencies, shall— (1) conduct and support research and other activities with respect to diabetes; and (2) coordinate the collection of data on clinically and culturally appropriate diabetes treatment, care, prevention, and services by health care professionals to the American Indian population. . V INSTITUTE OF MEDICINE REPORT 501. Updated report on health disparities The Secretary of Health and Human Services shall seek to enter into an arrangement with the Institute of Medicine under which the Institute will— (1) not later than 1 year after the date of enactment of this Act, submit to the Congress an updated version of the Institute’s 2002 report entitled Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care ; and (2) in such updated version, address how racial and ethnic health disparities have changed since the publication of the original report. | https://www.govinfo.gov/content/pkg/BILLS-113hr3322ih/xml/BILLS-113hr3322ih.xml |
113-hr-3323 | I 113th CONGRESS 1st Session H. R. 3323 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Granger (for herself, Mrs. Bachmann , Mrs. Black , Mr. Diaz-Balart , Mr. Franks of Arizona , Mr. Olson , Mr. Sensenbrenner , Ms. Bass , Ms. Bonamici , Ms. Eddie Bernice Johnson of Texas , Mr. Braley of Iowa , Mrs. Brooks of Indiana , Mr. Cooper , Mr. Doggett , Mr. Israel , Ms. Jackson Lee , Mr. Langevin , Mr. Murphy of Florida , Mr. Sires , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 realign structures and reallocate resources in the Federal Government, in keeping with the core American belief that families are the best protection for children and the bedrock of any society, to bolster United States diplomacy and assistance targeted at ensuring that every child can grow up in a permanent, safe, nurturing, and loving family, and to strengthen intercountry adoption to the United States and around the world and ensure that it becomes a viable and fully developed option for providing families for children in need, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Children in Families First 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; purposes. Sec. 3. Definitions. Title I—Realignment of certain international child welfare responsibilities and functions Sec. 101. Establishment of Bureau of Vulnerable Children and Family Security in the Department of State. Sec. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers. Sec. 103. Transfer of functions and savings provisions. Sec. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing. Title II—Annual reporting Sec. 201. Annual report on children living without families. Sec. 202. Country reports regarding severe forms of trafficking. Title III—Promotion of a comprehensive approach for children in adversity Sec. 301. Establishment of a USAID Center for Excellence for Children in Adversity. Title IV—Funding and effective dates Sec. 401. Funding. Sec. 402. Effective dates. 2. Findings; purposes (a) Findings Congress makes the following findings: (1) The people of the United States recognize and believe that children must grow up in permanent, safe, and nurturing families in order to develop and thrive. (2) Science now proves conclusively that children suffer immediate, lasting, and in many cases irreversible damage from time spent living in institutions or outside of families, including reduced brain activity, reduced IQ, smaller brain size, and inability to form emotional bonds with others. (3) Governments in other countries seek models that promote the placement of children who are living outside family care in permanent, safe, and nurturing families, rather than in foster care or institutions, but many governments lack the resources or infrastructure to adequately address this need. (4) Despite the good efforts of countless governments and nongovernmental organizations, millions of children remain uncounted and outside of the protection, nurturing care, permanence, safety, and love of a family. Without the care of a family, these children are forced to live on the streets, in institutions, in paid foster care, in child-headed households, in group homes, or as household servants. (5) No reliable data currently exists to define and document the number and needs of children in the world currently living without families, but available evidence demonstrates that there are millions of children in this situation needing immediate help. (6) The December 2012 Action Plan for Children in Adversity commits the United States Government to achieving a world in which all children grow up within protective family care and free from deprivation, exploitation, and danger. To effectively and efficiently accomplish this goal, it is necessary to realign the United States Government’s current operational system for assisting orphans and vulnerable children, and processing intercountry adoptions. (7) All options for providing appropriate, protective, and permanent family care to children living without families must be considered concurrently and permanent solutions must be put in place as quickly as possible. Solutions include family preservation and reunification, kinship care, guardianship, domestic and intercountry adoption, and other culturally acceptable forms of care that will result in appropriate, protective, and permanent family care. Preference should be given to options that optimize child best interests, which generally means options which provide children with fully protected legal status and parents with full legal status as parents, including full parental rights and responsibilities. The principle of subsidiarity, which gives preference to in-country solutions, should be implemented within the context of a concurrent planning strategy, exploring in- and out-of-country options simultaneously. If an in-country placement serving the child’s best interest and providing appropriate, protective, and permanent care is not quickly available, and such an international home is available, the child should be placed in that international home without delay. (8) Significant resources are already dedicated to international assistance for orphans and vulnerable children, and a relatively small portion of these resources can be reallocated to achieve more timely, effective, nurturing, and permanent familial solutions for children living without families, resulting in fewer children worldwide living in institutions or on the streets, more families preserved or reunified, and increased domestic and international adoptions. (b) Purposes The purposes of this Act are— (1) to support the core American value that families are the bedrock of any society; (2) to protect the fundamental human right of all children to grow up within the loving care of permanent, safe, and nurturing families; (3) to address a critical gap in United States foreign policy implementation by adjusting the Federal Government’s international policy and operational structures so that seeking permanent families for children living without families receives more prominence, focus, and resources (through the reallocation of existing personnel and resources); (4) to harness the diplomatic and operational power of the United States Government in the international sphere by helping to identify and implement timely, permanent, safe, and nurturing familial solutions for children living without families, including refugee or stateless children; (5) to ensure that intercountry adoption by United States citizens becomes a viable and fully developed option for creating permanent families for children who need them; (6) to protect against abuses of children, birth families, and adoptive parents involved in intercountry adoptions, and to ensure that such adoptions are in the individual child’s best interests; and (7) to harmonize and strengthen existing intercountry adoption processes under United States law— (A) by ensuring that the same set of procedures and criteria govern suitability and eligibility determinations for prospective adoptive parents seeking to complete intercountry adoptions, whether or not the child is from a foreign state that is a party to the Hague Adoption Convention; and (B) by aligning the definitions of eligible child for Convention adoptions and non-Convention adoptions to the maximum extent possible. 3. Definitions In this Act: (1) Action plan for children in adversity The term Action Plan for Children in Adversity means the policy document entitled United States Government Action Plan on Children in Adversity: A Framework for International Assistance: 2012–2017 , released on December 19, 2012. (2) Appropriate, protective, and permanent family care The term appropriate, protective, and permanent family care means a nurturing, lifelong, commitment to a child by an adult, or adults with parental roles and responsibilities that— (A) provides physical and emotional support; (B) provides the child with a sense of belonging; and (C) generally involves full legal recognition of the child’s status as child of the parents and of the parents’ rights and responsibilities regarding the child. (3) Central authority The term central authority has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). (4) Children in adversity The term children in adversity means children living inside or outside of family care who are deprived, excluded, vulnerable, or at risk for violence, abuse, exploitation, or neglect. (5) Convention adoption The term Convention adoption has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). (6) Convention country The term Convention country has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ) and for which the Hague Adoption Convention has entered into force. (7) Guardianship The term guardianship means a permanent legal relationship between an adult and a child, whereby the adult is lawfully invested with the power, and charged with the duty, of taking care of the child. While some forms of guardianship are not truly permanent, the form of guardianship referred to and supported under this Act is permanent guardianship. A Kefala order issued by a country that follows traditional Islamic law does not qualify as an adoption under United States law, but may be a form of guardianship in some circumstances. (8) Habitual residence determination The term habitual residence determination means a factual determination of where a prospective adoptive parent (or parents) resides and where the child resides for purposes of an intercountry adoption case. (9) Hague adoption convention The term Hague Adoption Convention means the Convention of Protection of Children and Cooperation in Respect of Intercountry Adoption, concluded at The Hague May 29, 1993. (10) Kinship care The term kinship care means the full time care, nurturing, and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adult who has a kinship bond with a child, so long as those persons have the capacity and commitment to function as true parents for the child on a permanent basis. It does not include paid kinship foster care. (11) Non-convention adoption The term non-Convention adoption means— (A) an adoption by United States parents of a child from a non-Convention country in accordance with subparagraph (F) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ); (B) an adoption by United States parents of a child under the laws of the child’s country of origin (generally when the parents are living in the child’s country of origin and therefore able legally to complete a domestic adoption); or (C) in certain circumstances (generally with respect to relative adoptions or adoptions by dual national parents), an adoption by United States parents of a child from a Convention country if that country allows legal and valid adoptions to take place outside the scope of the Convention. (12) Non-convention country The term non-Convention country means a country in which the Hague Adoption Convention has not entered into force, regardless of whether or not that country has signed the Convention. (13) Unparented children The term unparented children means children lacking the legal, permanent, safe, and nurturing care of a parental figure or figures, either inside their country of origin, in the country of their habitual residence, or elsewhere, regardless of their lawful or unlawful immigration status in their current country of residence. (14) Vulnerable children The term vulnerable children , consistent with the United States Agency for International Development's definition, means children and youth who are under 18 years whose safety, well-being, growth, and development are at significant risk due to inadequate care, protection, or access to essential services. I Realignment of certain international child welfare responsibilities and functions 101. Establishment of Bureau of Vulnerable Children and Family Security in the Department of State (a) Establishment There is established within the Department of State the Bureau of Vulnerable Children and Family Security (referred to in this Act as the VCFS ), which shall be located in the Secretariat for Civilian Security, Democracy and Human Rights and shall promote and support the following activities: (1) The development and implementation in foreign countries of child welfare laws, regulations, policies, best practices, and procedures in keeping with the goals articulated in the Action Plan for Children in Adversity, including— (A) the sound development of children through the integration of health, nutrition, and family support; (B) supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption; and (C) facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (2) Addressing the gap in United States Government diplomacy, policy, and operations with respect to promoting appropriate, protective, and permanent family care for children living without families by establishing within the VCFS a Senior Coordinator for Permanence, who— (A) shall occupy at least a Deputy Assistant Secretary-level position in the VCFS; and (B) shall lead the development and implementation of policies that will ensure the timely provision of appropriate, protective, and permanent family care for children living without families, including refugee and stateless children, through the full continuum of permanence solutions, including family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption. (b) Assistant Secretary (1) Appointment The VCFS shall be headed by an Assistant Secretary, who shall be appointed by the President by and with the consent of the Senate. (2) Qualifications The Assistant Secretary shall— (A) have experience in the development of policies and systems and the implementation of programs that promote the goals of the Action Plan for Children in Adversity; (B) be knowledgeable of international child welfare, family permanence, and family creation through domestic and intercountry adoption; and (C) be committed to developing an integrated United States Government approach to international child welfare that places equal emphasis on— (i) early childhood survival and development; (ii) family permanence; and (iii) protection from abuse and exploitation. (3) Authority The Assistant Secretary shall report to the Under Secretary for Civilian Security, Democracy and Human Rights. (4) Increase in authorized assistant secretary positions (A) Amendment to State Department Basic Authorities Act of 1956 Section 1(c)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c)(1) ) is amended by striking not more than 24 Assistant Secretaries and inserting not more than 25 Assistant Secretaries . (B) Amendment to title 5, United States Code Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of State (24) and inserting Assistant Secretaries of State (25) . (c) Functions (1) Advisory The Assistant Secretary shall serve as a primary advisor to the Secretary of State and the President in all matters related to vulnerable children and family security in foreign countries. (2) Diplomatic representation Subject to the direction of the President and the Secretary of State, and in consultation and coordination with the Senior Coordinator for Children in Adversity of the United States Agency for International Development, and the Secretary of Homeland Security, the Assistant Secretary shall represent the United States in matters relevant to international child welfare, family preservation and reunification, and provision of permanent, safe parental care through kinship, domestic and intercountry adoption in— (A) contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, and specialized agencies of the United Nations and other international organizations of which the United States is a member; (B) multilateral conferences and meetings relevant to family preservation, reunification, and creating appropriate, protective, and permanent care for unparented children; and (C) fulfillment of the diplomatic responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. ), as amended by this Act. (3) Policy development with respect to permanence for unparented children (A) In general The Assistant Secretary shall— (i) develop and advocate for policies and practices to ensure that children in foreign countries who are living without families find appropriate, protective, and permanent family care which is in the best interest of each child; (ii) give consideration to family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption; and (iii) seek to develop and implement policies that lead to the use of all options for providing appropriate, protective, and permanent family care to children living without families as quickly as possible. (B) Best interest determination In carrying out subparagraph (A), the Assistant Secretary shall give preference to options that optimize the best interests of children, including options which provide children with fully protected legal status as children and parents with full legal status as parents, including full parental rights and responsibilities. (C) Subsidiarity The principle of subsidiarity, which gives preference to in-country solutions, should be implemented within the context of a concurrent planning strategy, exploring in- and out-of-country options simultaneously. If an in-country placement serving the child’s best interests and providing appropriate, protective, and permanent care is not quickly available, and such an international home is available, the child should be placed in that international home without delay. (D) Best practices In developing policies and programs under this Act, the Assistant Secretary shall identify and utilize evidence-based programs and best practices in family preservation and reunification and provision of permanent parental care through guardianship, kinship care, and domestic and intercountry adoption as derived from a wide variety of domestic, foreign, and global policies and practices. (E) Technical assistance The Assistant Secretary, in consultation with other appropriate Federal agencies, shall provide technical assistance to governments of foreign countries to help build their child welfare capacities and to strengthen appropriate family preservation and reunification and the provision of appropriate, protective, and permanent family care through kinship care, guardianship, and domestic and intercountry adoption, including assistance with— (i) the drafting, disseminating, and implementing of legislation; (ii) the development of implementing systems and procedures; (iii) the establishment of public, private, and faith- and community-based partnerships; (iv) the development of workforce training for governmental and nongovernmental staff; and (v) infrastructure development and data collection techniques necessary to identify and document the number and needs of children living without appropriate, protective, and permanent family care. (4) Responsibilities with respect to intercountry adoption (A) In general The VCFS, in coordination with other offices of the Department of State and U.S. Citizenship and Immigration Services, shall have lead responsibility for representing the United States Government in discussions, negotiations, and diplomatic contacts pertaining to intercountry adoptions. (B) Central authority responsibility under the intercountry adoption act of 2000 Section 101(b)(2) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911(b)(2) ) is amended by striking Office of Children's Issues and inserting Bureau of Vulnerable Children and Family Security . (C) Determinations of Hague adoption convention compliance The VCFS, in consultation with other offices of the Department of State, and the Department of Homeland Security, shall have lead responsibility for determining whether a Convention partner country has met its obligations under the Hague Adoption Convention and is eligible to participate in intercountry adoptions in accordance with United States law. Such determinations shall be documented in writing, based on standardized criteria, and available for public review and comment. (D) Negotiation of bilateral agreements The VCFS, in consultation with the Secretary of Homeland Security, shall have lead responsibility for the negotiation of bilateral agreements with other countries pertaining to intercountry adoption and in conformity with the provisions of the Hague Adoption Convention when the other country is a Convention partner. (5) Policy coordination The Assistant Secretary shall coordinate with the Secretary of Homeland Security and the Administrator of the United States Agency for International Development to maintain consistency in United States foreign and domestic policy and operations with respect to children living outside family care in foreign countries, particularly those living without families. (6) Information coordination The Assistant Secretary shall transmit— (A) any intercountry adoption related case information received from the Central Authority of another Convention country to the Secretary of Homeland Security; and (B) any intercountry adoption related case information that the Secretary of Homeland Security requests to the Central Authority of another Convention country. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers (a) General responsibilities under the Intercountry Adoption Act of 2000 (1) In general The Intercountry Adoption Act of 2000 ( Public Law 106–279 ; 114 Stat. 825) is amended by inserting after section 103 ( 42 U.S.C. 14913 ) the following: 103A. Responsibilities of the Department of Homeland Security (a) Accreditation and approval responsibilities The Secretary of Homeland Security, working through the Director of U.S. Citizenship and Immigration Services, shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in title II. Such functions may not be delegated to any other Federal agency. (b) Investigations The Secretary of Homeland Security shall be responsible for managing and overseeing investigations related to the operation and services of adoption service providers, whether directly or indirectly. (c) Liaison with foreign governments on post-Placement reports and certain adoption cases The Secretary of Homeland Security shall serve as the liaison with foreign governments with respect to queries about required post-placement reports and about specific intercountry adoption cases once the adopted children are living in the United States, including queries about the status of adopted children who are living in the United States in cases involving allegations of abuse, neglect, abandonment, or death. . (2) Clerical amendment Section 1 of such Act is amended by inserting after the item relating to section 103 the following: Sec. 103A. Responsibilities of the Department of Homeland Security. . (3) Conforming amendments Section 102 of such Act ( 42 U.S.C. 14912 ) is amended— (A) in subsection (a), by striking The Secretary and inserting Except as provided for under section 103A, the Secretary ; (B) in subsection (b), by inserting , in coordination with the Secretary of Homeland Security, after The Secretary ; (C) by striking subsection (c); (D) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively; and (E) by striking subsection (e). (b) Accreditation responsibilities under the Intercountry Adoption Act of 2000 (1) Designation of accrediting agencies Section 202 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14922 ) is amended by inserting of Homeland Security after Secretary each place it appears. (2) Standards and procedures for providing accreditation or approval Section 203 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14923 ) is amended by inserting of Homeland Security after Secretary each place it appears in subsections (a) and (b). (3) Oversight of accreditation and approval Section 204 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14924 ) is amended— (A) by inserting of Homeland Security after Secretary each place it appears; and (B) in subsection (c)— (i) in paragraph (1), by amending the paragraph heading to read as follows: (4) Authority of the secretary of homeland security ; and (ii) in paragraph (2), by striking Secretary's debarment order and inserting debarment order of the Secretary of Homeland Security . (4) Administrative provisions (A) Access to convention records Section 401(b) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14941(b) ) is amended— (i) in paragraph (1), by inserting , the Director of U.S. Citizenship and Immigration Services, after Secretary ; and (ii) in paragraph (2), by inserting the Director of U.S. Citizenship and Immigration Services, after Secretary, . (B) Assessment of fees Section 403(b) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14943(b) ) is amended— (i) in paragraph (1)— (I) by inserting or the Director of U.S. Citizenship and Immigration Services after Secretary ; and (II) by inserting or U.S. Citizenship and Immigration Services, respectively, after Department of State ; and (ii) in paragraph (2), by inserting or U.S. Citizenship and Immigration Services appropriation, as the case may be, after Department of State appropriation . (c) Intercountry adoption functions of U.S. Citizenship and Immigration Services (1) Definitions In this subsection and in section 103: (A) Adoption service The term adoption service has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). (B) Associate director The term Associate Director means the Associate Director of the Directorate. (C) Directorate Except as otherwise provided in this subsection, the term Directorate means the Field Operations Directorate of U.S. Citizenship and Immigration Services. (2) Intercountry adoption functions The Associate Director shall carry out— (A) the functions described in section 103A(a) of the Intercountry Adoption Act of 2000, relating to accreditation of agencies and approval of persons to provide adoption services; (B) the functions described in section 103A(b) of such Act, relating to management and oversight of investigations related to the operation of such providers; and (C) the functions described in section 103A(c) of such Act, relating to liaison responsibilities regarding post-placement reports and certain adoption cases. (3) Informational responsibilities (A) Database on adoption service providers (i) In general The Associate Director shall establish and operate, in conjunction with the Secretary of State, a publicly accessible database of adoption service providers. (ii) Agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Director and the Secretary shall provide, for the database, data on intercountry adoption cases relating to adoption service providers. (iii) Contents The database shall include, with respect to each accredited agency and approved person, who is an adoption service provider individually, and to the aggregate of all adoption service providers— (I) information identifying such a provider; (II) information on the accreditation status of an agency, or the approval status of a person, as an adoption service provider; (III) information on the number of applications or petitions filed respecting adoption and the numbers of approvals and denials of the applications or petitions; (IV) the number of substantiated grievances filed with respect to an adoption service provider; and (V) a description of any sanctions an adoption service provider, or corrective actions that the provider is required to take to maintain accreditation or approval described in subclause (II). (B) Database on internationally adopted children (i) In general The Associate Director, in conjunction with the Secretary of State, shall establish and operate a database containing data respecting children involved in intercountry adoption cases who have immigrated to the United States. (ii) Information tracking Although the data available for adoptions finalized before the date of the enactment of this Act will likely be incomplete, the Associate Director should seek to import available data on all adoptions involving children who are younger than 18 years of age on the date of the enactment of this Act. In operating the database established under clause (i), the Associate Director shall track information about each such child before attaining United States citizenship, including— (I) information identifying a child and the adoptive or prospective adoptive parents, including— (aa) the full name of the child in the country of origin and the full name of the child after the adoption is finalized; (bb) the gender, date of birth, nationality, and citizenship of the child; (cc) the physical address of the child at the time of the adoption; the type of visa issued to the child; and (dd) the date on which the child entered the United States; (II) information on the particular adoption service provider, if any, providing services in the particular case; and (III) information on immigration or citizenship status of the child. (iii) Interagency agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Secretary of State shall provide, for the database, data on intercountry adoption cases concerning the adopted children, and the adoption service providers. 103. Transfer of functions and savings provisions (a) Definitions In this section, unless otherwise provided or contextually indicated— (1) the term Federal agency has the meaning given to the term agency under section 551(1) of title 5, United States Code; (2) the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) the term office includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (b) Transfer of functions There are transferred to the Directorate, all functions described in section 103A(a) of the Intercountry Adoption Act of 2000, as added by section 102(a) of this Act, which were exercised by the Secretary of State before the date of the enactment of this Act (including all related functions of any officer or employee of the Department of State), including functions relating to— (1) the accreditation of agencies and approval of persons to provide adoption services; (2) the management and oversight of investigations related to the operation of such providers; and (3) liaison responsibilities with respect to required post-placement reports. (c) Determinations of certain functions by the Office of Management and Budget If necessary, the Director of the Office of Management and Budget shall make any determination with respect to the transfer of functions under subsection (b). (d) Personnel provisions (1) Appointments The Associate Director may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this section. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (2) Experts and consultants The Associate Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Associate Director may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. (e) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided under this section— (1) the Associate Director may— (A) delegate any of the functions transferred to the Associate Director under this section and any function transferred or granted to the Associate Director after the date of the enactment of this Act to such officers and employees of the Directorate as the Associate Director may designate; and (B) authorize successive redelegations of such functions as may be necessary or appropriate; and (2) no delegation of functions by the Associate Director under this subsection or under any other provision of this section shall relieve such Associate Director of responsibility for the administration of such functions. (f) Reorganization The Associate Director is authorized— (1) to allocate or reallocate any function transferred under subsection (b) among the officers of the Directorate; and (2) to establish, consolidate, alter, or discontinue such organizational entities in the Directorate as may be necessary or appropriate. (g) Rules The Associate Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Associate Director determines necessary or appropriate to administer and manage the functions of the Directorate. (h) Transfer and allocations of appropriations and personnel Except as otherwise provided under this section and subject to section 1531 of title 31, United States Code, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under subsection (b), shall be transferred to the Directorate. Unexpended funds transferred pursuant to this subsection may only be used for the purposes for which the funds were originally authorized and appropriated. (i) Incidental transfers The Director of the Office of Management and Budget— (1) may, at such time or times as the Director may prescribe— (A) make such determinations as may be necessary with regard to the functions transferred under subsection (b); and (B) make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section; and (2) shall provide for— (A) the termination of the affairs of all entities terminated under this section; and (B) such further measures and dispositions as may be necessary to carry out the purposes of this section. (j) Effect on personnel (1) In general Except as otherwise provided under this section, the transfer under this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the 1-year period beginning on the date of such transfer. (2) Executive schedule positions Except as otherwise provided under this section, any person who, on the day preceding the date of the enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Directorate to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (3) Termination of certain positions All positions whose functions are transferred under subsection (b) and whose incumbents have been appointed by the President, by and with the advice and consent of the Senate, shall terminate on the date of the enactment of this Act. (k) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions which— (A) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this section; and (B) are in effect on the date of the enactment of this Act, or were final before such date of enactment and are to become effective on or after the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Associate Director or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected Nothing in this section may be construed to affect any proceeding, including a notice of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of State on the effective date of this section, with respect to functions transferred under subsection (b). Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph may be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits not affected Nothing in this section may be construed to affect suits commenced before the date of the enactment of this Act. In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Department of State, or by or against any individual in the official capacity of such individual as an officer of the Department of State, shall abate by reason of the enactment of this section. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by the Department of State relating to a function transferred under subsection (b) may be continued by the Directorate with the same effect as if this section had not been enacted. (l) Separability If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (m) Transition The Associate Director is authorized to utilize— (1) the services of such officers, employees, and other personnel of the Department of State with respect to functions transferred to the Directorate by this section; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (n) References Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1) the Secretary of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Associate Director; and (2) the Department of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Directorate. (o) Additional conforming amendments (1) Recommended legislation After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Associate Director shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. (2) Submission to congress Not later than 180 days after the date of the enactment of this Act, the Associate Director shall submit the recommended legislation referred to under paragraph (1) to Congress. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing (a) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services— (1) shall be responsible for processing and case-specific decisionmaking on all intercountry adoption cases (up to the point of application for an immigrant visa on behalf of the adopted child), including cases being processed pursuant to the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) and section 2 of the Intercountry Adoption Universal Accreditation Act of 2012 ( 42 U.S.C. 14925 ); (2) shall ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents required under subparagraph (F) or (G) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) are made in accordance with standard criteria that comply with the Hague Adoption Convention so that any such determination justifies a Convention adoption or a non-Convention adoption; (3) to the maximum extent possible, and to the extent permitted by the country in which the child resides, shall ensure that all non-Convention adoption cases undergo preprocessing, including— (A) the filing of a petition and the review of a child’s eligibility to immigrate to the United States before the adoption or grant of legal custody (for purposes of emigration and adoption in the United States) of that child is completed in the country of origin; and (B) the completion of all necessary and relevant investigations associated with the petition before the country of origin finalizes the adoption or grants legal custody for purposes of emigration and adoption in the United States; (4) except as provided in paragraph (5), shall be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom United States parents propose to immigrate to the United States (except for the processing of immigrant visas), including processing of all necessary Hague Adoption Convention certifications and the final adjudication of the immigration petitions; and (5) may delegate the responsibility for completing certain elements of case adjudication to the Secretary of State if the Department of Homeland Security— (A) cannot adequately complete such elements due to the need for physical presence in the country of origin or other processing-related circumstances; and (B) defines and monitors the parameters for the elements delegated to the Secretary of State and retains final decisionmaking authority. (b) Foreign adoption decrees (1) Convention countries The 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(E) ) shall not apply if the documentation submitted on behalf of a child includes— (A) an adoption decree issued by a competent authority (as such term is used in the Hague Adoption Convention) of the child’s country of origin and evidence that the adoption was granted in compliance with the Hague Adoption Convention; or (B) a custody or guardianship decree issued by the competent authority of the child’s country of origin to the adoptive parents, and a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents, in addition to evidence that the custody or guardianship was granted in compliance with the Hague Adoption Convention. (2) Substantial compliance with Hague adoption convention Paragraph (1) shall not apply unless— (A) on the date on which the underlying adoption, custody, or guardianship decree was issued by the child’s country of origin— (i) that country’s adoption procedures complied with the requirements of the Hague Adoption Convention (as determined by the United States central authority); and (ii) the competent authority of the country of origin certified that the adoption is consistent with Article 23 of the Hague Adoption Convention; and (B) the adoption was a Convention adoption that was completed between 2 Convention countries other than the United States. (3) Non-convention countries The Secretary of Homeland Security may accept the filing of petitions on behalf of children living in non-Convention countries in the absence of a final adoption decree. (c) Cooperation with foreign governments The Secretary of Homeland Security may interact directly with the central authority of a Convention country or a competent authority of a non-Convention country, as appropriate— (1) to facilitate the processing of intercountry adoption cases, including making habitual residence determinations relevant to children and prospective adoptive parents in adoption proceedings; and (2) to negotiate, in coordination with the Department of State, and to implement bilateral agreements with respect to intercountry adoptions. (d) Amendments to the Intercountry Adoption Act of 2000 (1) Transfer of responsibilities to the Secretary of Homeland Security The Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) is amended— (A) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and (B) in the heading of section 103, by striking Attorney General and inserting Secretary of Homeland Security . (2) Hague convention certificates Section 301 of such Act ( 42 U.S.C. 14931 ) is amended— (A) in subsection (a)— (i) in the subsection heading, by striking Secretary of State and inserting Secretary of Homeland Security ; and (ii) in the heading to paragraph (1), by striking Secretary of State and inserting Secretary of Homeland Security ; and (B) by striking Secretary of State each place it appears and inserting Secretary of Homeland Security . (3) Clerical amendment The table of contents of such Act is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Responsibilities of the Secretary of Homeland Security. . (e) Definition of child Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)— (A) in clause (i), by striking (i) a child adopted while under the age of sixteen years and inserting a child adopted while younger than 18 years of age ; and (B) by striking clause (ii); (2) by amending subparagraph (F) to read as follows: (F) (i) a child, younger than 18 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), and who has been adopted in a foreign state that is not a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, if— (I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; (II) the child’s natural parents (or parent, in the case of a child who has 1 sole or surviving parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption; (III) the child has a living parent or parents who has or have relinquished, or will relinquish, the child voluntarily for the purposes of intercountry adoption, and the parent or parents are incapable of providing proper care for the child; (IV) the Secretary of Homeland Security, after considering whether there is a petition pending to confer immigrant status on one or both natural parents, is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated; and (V) in the case of a child who has not been adopted— (aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and (bb) the prospective adoptive parent or parents has or have complied with any preadoption requirements of the child’s proposed residence; and (ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; ; and (3) in subparagraph (G)— (A) in the matter preceding clause (i), by striking 16 and inserting 18 ; (B) in clause (i)— (i) in subclause (II), by striking because of the death or disappearance of, abandonment or desertion by, the other parent ; and (ii) in subclause (III), by striking two living natural parents, the natural parents are and inserting a living parent or parents, who have relinquished or will relinquish the child voluntarily for the purposes of intercountry adoption, the parent or parents are ; (C) in clause (ii), by striking ; or and inserting a period; and (D) by striking clause (iii). (f) Relative adoptions; waiver authority Section 502 of the Intercountry Adoption Act ( 42 U.S.C. 14952 ) is amended to read as follows: (a) Authority To establish alternative procedures for adoption of children by relatives Not later than 2 years after the date of the enactment of the Children in Families First Act of 2013 , the Secretary of Homeland Security shall establish, by regulation, alternative procedures for completing the intercountry adoption of children by United States citizens who are related to such children by blood, marriage, or adoption. (b) Waiver authority The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may waive, on a case-by-case basis, applicable requirements for meeting the definition of a child under subparagraph (E), (F), or (G) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ), or regulations issued with respect to such definitions, in the interests of justice or to prevent or respond to the threat of grave physical or emotional harm to the child if the petitioner establishes that— (1) the child substantially complies with the requirements under one of such subparagraphs; and (2) such a waiver would be in the child’s best interests. . (g) Determination of applicability of the Hague Adoption Convention in certain cases The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may determine, on a case-by-case basis, that a specific intercountry adoption case may proceed as a non-Convention adoption if— (1) the child’s country of origin or habitual residence is a Convention country; (2) the central authority of the child’s country of origin or habitual residence has issued, or will issue, an adoption decree which that country considers to be legal and valid under that country’s laws to the United States adoptive or prospective adoptive parents; and (3) the central authority of the child’s country of origin or habitual residence has informed the Secretary or the Director that it does not consider the specific case to fall within the scope of the Hague Adoption Convention. (h) Special use of parole authority (1) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may grant parole to a child if the Secretary or the Director determines that— (A) the child’s circumstances indicate that immediate unification with the parties seeking parole is in the child’s best interests; (B) waiting to complete other, more time consuming immigration processing could be significantly harmful to the child’s well-being; (C) the party or parties seeking parole on behalf of the child— (i) have a pre-existing legal relationship with the child, as evidenced by an adoption decree or a custody order; or (ii) demonstrate a pre-existing relationship with the child and an intent to establish a legal relationship with the child, which may be evidenced by— (I) a familial relationship with the child; (II) a close personal relationship with the child, such as— (aa) being matched with the child for an international adoption by an adoption service provider or the competent authority of the child’s country of origin; or (bb) documentation showing that the child’s parents, if deceased or otherwise incapacitated and unable to provide proper care for the child, intended for the parties seeking parole to take custody of the child; or (III) the filing of adoption-related applications or petitions related to the adoption of the child; and (D) the child will receive proper care in the United States by the party or parties who seek parole on behalf of the child, based on a review of the suitability of the party or parties, which may include background check or completion of a home study conducted by a competent authority. (2) Meeting the 2-year periods for the purposes of filing an immediate relative petition on behalf of an adopted child If a child is granted parole under paragraph (1), is subsequently adopted by the parties who sought parole, and such parties seek permanent immigration status for the child under section 101(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(E) )— (A) the 2-year period for legal custody of the child shall begin to accrue on the effective date of a grant of custody in the child’s country of origin or habitual residence or in the United States; (B) the 2-year period for physical custody of the child shall begin to accrue on the date on which the party or parties seeking parole for the child begin joint residence with the child, in the child’s country of origin or habitual residence or in the United States; and (C) the 2-year periods of joint residence and legal custody may accrue within or outside the United States. (i) Rulemaking The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of U.S. Citizenship and Immigration Services, shall issue regulations to carry out this section and the amendments made by this section. II Annual reporting 201. Annual report on children living without families (a) In general Not later than September 30, 2014, and annually thereafter, the Secretary of State, in consultation with the Director of the United States Agency for International Development and the Secretary of State, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) identifies the number of children living without families; and (2) describes the degree to which the various family permanence solutions are being utilized. (b) Content The report required under subsection (a) shall include— (1) a description of the world’s unparented children, including— (A) a description and quantitative analysis of the world’s unparented children by country, identifying the nationality of the children physically present in each country and distinguishing among children who are citizens of the country, noncitizen children lawfully present in the country, and noncitizen children unlawfully in the country, irrespective of a child’s particular immigration status; (B) available data about such children broken into detailed categories and including— (i) information on their nationality, age, gender, and status; (ii) whether they have a living parent or parents and the status of those parents; (iii) whether the unparented children are considered abandoned, separated, relinquished, or have some other status; (iv) whether they are institutionalized or homeless; (v) information on how they are documented, including through birth registries, orphanage registries, United Nations High Commissioner for Refugees registration, or identity cards; and (vi) an assessment of their living conditions based on indicators such as crude mortality rate, malnutrition rate, or other similar indicators; (2) a review of the previous fiscal year’s programming in support of appropriate, protective, and permanent family care solutions, including project descriptions for each project by country, goals of each project, amount awarded for each project, and evaluation of outcomes during the fiscal year; (3) an action plan covering proposed programming and activities for the next fiscal year in support of family permanency solutions, including goals for each country in which programming will occur, proposed allocations of resources by country, types of projects proposed by country, amounts of awards proposed for each project, and desired outcomes for each country; (4) a review of trends over the last five years, including changes in the numbers and locations of unparented children and the reasons for the changes, such as new refugee arrivals, growing numbers of children abandoned at birth, and decreases in number of children in institutions; (5) an overall analysis of highest priority situations of concern for unparented children, including analysis of whether the children are in a location that provides a cooperative environment for assistance programming and intercountry adoptions; (6) a description of how intercountry adoption and refugee resettlement for unparented refugee children has played a role in each country over the last 10 years and the current status of such programs, including analysis of the situation with respect to the Hague Adoption Convention and how the Convention has affected intercountry adoptions from the country; (7) aggregate reporting on intercountry adoptions to the United States, distinguishing between Convention adoptions and non-Convention adoptions and including— (A) the total number of intercountry adoptions involving immigration to the United States by year over the past 10 years and projected data for the next fiscal year, distinguishing between Convention and non-Convention adoptions, including aggregate data on the country from which each child emigrated, the State of residence of the adoptive parents, and the country in which the adoption was finalized; (B) the number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention and distinguishing between Convention and non-Convention adoptions, including the country to which each child immigrated and the State from which each child emigrated; (C) the average time required for completion of the immigration portion of intercountry adoptions, distinguishing between Convention and non-Convention adoptions, calculated as the time between filing of the initial immigration-related adoption petition on behalf of a child and the approval of that child’s immigrant visa; and (D) the range of adoption fees charged in connection with intercountry adoptions involving immigration to the United States and the median of such fees; and (8) such additional information as may be requested by members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives . (c) Consultations To the extent possible, designated representatives of the President should meet with members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 2 weeks before the Secretary of State submits the report required under subsection (a) to discuss the information described in subsection (b). The substance of such consultations should be printed in the Congressional Record. (d) Repeal Section 104 of the Intercountry Adoption Act ( 42 U.S.C. 14914 ) is repealed. 202. Country reports regarding severe forms of trafficking Section 502B(h)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(h)(1)(B) ) is amended by adding at the end the following: (x) What steps the government of that country has taken to reduce the number of children living outside of family care. (xi) What steps the government of that country has taken to reduce the number of children abused, neglected, or exploited. . III Promotion of a comprehensive approach for children in adversity 301. Establishment of a USAID Center for Excellence for Children in Adversity (a) Center for Excellence for Children in Adversity (1) In general There is established within the United States Agency for International Development a Center of Excellence on Children in Adversity. (2) Coordinator The Center for Excellence shall be headed by the Children in Adversity Coordinator, who shall be appointed by the Secretary of State, in consultation with the Administrator of the United States Agency for International Development. (3) Objectives The Center of Excellence on Children in Adversity shall work in consultation with the Assistant Secretary of the Bureau of Vulnerable Children and Family Security of the Department of State to promote greater United States Government coherence and accountability for whole-of-government assistance to children in adversity and ensure that United States foreign assistance and development programs are focused on the following objectives: (A) The sound development of children through the integration of health, nutrition, and family support. (B) Supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption. (C) Facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (4) Authorities The Children in Adversity Coordinator, acting through nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, education, social welfare, and other ministries, and relevant executive branch agencies, is authorized to— (A) operate internationally to carry out the programs and activities outlined in the Action Plan for Children in Adversity; (B) provide grants to, and enter into contracts and cooperative agreements with, nongovernmental organizations (including faith-based organizations) to carry out this section; and (C) transfer and allocate United States Agency for International Development funds that have been appropriated for the purposes described in subparagraphs (A) and (B). (5) Functions In consultation with the Assistant Secretary of the Bureau of Children's Affairs in the Department of State, the Children in Adversity Coordinator shall, through the Center of Excellence— (A) facilitate program and policy coordination related to the goals and objectives of the Action Plan for Children in Adversity among relevant executive branch agencies and nongovernmental organizations by auditing, monitoring, and evaluating such programs; (B) ensure that each relevant executive branch agency undertakes responsibility for activities related primarily to those areas in which the agency has the greatest expertise, technical capability, and potential for success; (C) coordinate relevant executive branch agency activities related to the Action Plan for Children in Adversity; (D) establish due diligence criteria for all recipients of funds appropriated by the United States Government for assistance to children in adversity; and (E) oversee the administration of the priority country demonstration program as described in subsection (f). (6) Assistance The President is authorized to provide assistance, including through international, nongovernmental, or faith-based organizations, for programs in developing countries— (A) to increase the percentage of children achieving age-appropriate growth and developmental milestones; (B) to increase the percentage of children under 5 years of age demonstrating secure attachment with a primary caregiver; (C) to integrate health, nutrition, developmental protections, and caregiving support for vulnerable children and their families; (D) to increase the percentage of children living within appropriate, permanent, safe, and protective family care, through family preservation and reunification, and through kinship care, guardianship, and domestic and intercountry adoption, and to reduce the percentage of children living in institutions; (E) to increase the percentage of families providing adequate nutrition, education opportunities, care, and protection for their children; (F) to reduce the percentage of children who experience violence, exploitation, abuse, and neglect; (G) to increase the percentage of children who receive appropriate care and protection after experiencing violence, exploitation, abuse, or neglect; (H) to increase public awareness that violence, exploitation, abuse, or neglect of children as unacceptable; (I) to increase the percentage of countries that ratify and implement relevant conventions or formally adopt internationally recognized principles, standards, and procedural safeguards to protect children from violence, exploitation, abuse, and neglect; (J) to increase the percentage of children who have legal documentation and birth registration; (K) to increase the number of laws, policies, and practices in partner states that promote and strengthen child welfare and protection at household, community, and national levels is increased; (L) to increase national and local human resource capacity for child welfare and protection; (M) to increase the number of national and community systems effectively monitoring child welfare and protection concerns, programs, and outcomes; (N) to encourage and assist in the collection of data related to children outside of family care; (O) to increase the number of prevalence studies that measure and track trends in children’s exposure to violence, exploitation, abuse, and neglect; (P) to increase the number of published outcome/impact evaluations on interventions to assist children outside of family care or minimize exposure to violence, exploitation, abuse, and neglect that can be generalized to larger target groups; (Q) to increase the number of national governments and universities leading rigorous data collection, research, and monitoring and evaluation studies related to child welfare and protection; and (R) to increase the number of United States Government-supported interventions for children in adversity designed using data from rigorous research methodologies. (b) Monitoring and evaluation (1) Establishment of system To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the primary objective of the Action Plan for Children in Adversity, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to children in adversity. (2) Requirements The monitoring and evaluation system shall— (A) be aligned with the objectives and outcomes outlined by the Action Plan for Children in Adversity; and (B) provide a basis for recommendations for adjustments to the assistance provided under this part. (c) Priority Country Demonstration Program (1) In general The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish and carry out a priority country demonstration program implementing the Action Plan for Children in Adversity over a period of 5 years in at least 6 countries. (2) Purposes The purposes of the programs established under subparagraph (1) shall be— (A) to demonstrate how research-based policies and programs to achieve the core objectives of the Action Plan for Children in Adversity can be successfully implemented on a national level; (B) to establish model programs that, once tested for efficacy, will be available for replication on a global basis; (C) to identify a comprehensive series of interventions which result in meeting the outcomes and objectives of the Action Plan for Children in Adversity; and (D) to determine which in-country factors advance or negate the successful achievement of the outcomes and objectives of the action plan. (3) Criteria for selection of countries The criteria for selection of countries shall include— (A) magnitude and severity of the problems to be addressed; (B) partner country interest in participation in a comprehensive implementation of all 3 goals of the Action Plan for Children in Adversity, including, with respect to the second objective (Families First), expressed willingness to support the full complement of permanence solutions (including family preservation, reunification, kinship care, guardianship, and domestic and intercountry adoption), and commitments to support and allow monitoring and evaluation, as well as transparent reporting; (C) potential to leverage bilateral, multilateral, and foundation investments; (D) potential to leverage other United States development investments; (E) regional diversity to maximize learning opportunities; and (F) level of economic development, with a focus on low- and middle-income countries. (d) Repeals (1) Assistance to orphans and other vulnerable children Section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f ) is repealed. (2) Annual report Section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 ( 22 U.S.C. 2152g ) is hereby repealed. IV Funding and effective dates 401. Funding (a) Prohibition on new appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for such purposes, including unobligated balances of funds made available to carry out activities under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (b) Limitations on use of funds (1) United Nations No funds may be awarded to the United Nations or any of its subsidiaries. (2) Administrative expenses Not more than two percent of the amounts described in subsection (a) may be used for administrative expenses. (c) Focus of assistance Assistance provided under this Act— (1) shall focus primarily on promoting international child welfare, as set forth in this Act, for all children in adversity; and (2) may be provided on such terms and conditions as the President determines appropriate. 402. Effective dates (a) Effective upon enactment Sections 104 and 202 and titles III and IV shall take effect on the date of the enactment of this Act. (b) Delayed effective date Sections 101, 102, 103, and 201 shall take effect on the date that is 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3323ih/xml/BILLS-113hr3323ih.xml |
113-hr-3324 | I 113th CONGRESS 1st Session H. R. 3324 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Harris (for himself and Mr. Fleming ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lacey Act Amendments of 1981 to reduce burdensome paperwork, and for other purposes.
1. Short title This Act may be cited as The Lacey Act Paperwork Reduction Act . 2. Amendments to Lacey Act Amendments of 1981 Section 3(f) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(f) ) is amended— (1) in paragraph (1), by— (A) striking files and inserting possesses and has available for inspection by the Secretary, acting through the United States Fish and Wildlife Service, if so requested, ; and (B) in subparagraph (B), striking clause (i) and inserting the following: (i) the declared value of the plant or the merchandise containing the plant; ; and (2) by striking paragraph (6) and inserting the following: (6) Regulations (A) In general The Secretary, acting through the United States Fish and Wildlife Service and in consultation with the Animal and Health Inspection Service, may issue, in accordance with section 553 of title 5, United States Code, such regulations as may be necessary to carry out this subsection. (B) Distinction; limitation on applicability In promulgating such regulations, the Secretary may— (i) distinguish among different species; and (ii) limit the applicability of this subsection to a particular class or type of species if the Secretary determines that application of this subsection would not be feasible, practicable, or effective. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3324ih/xml/BILLS-113hr3324ih.xml |
113-hr-3325 | I 113th CONGRESS 1st Session H. R. 3325 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Honda (for himself, Ms. Jackson Lee , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To award grants to improve equality of access to technology-enabled education innovations and understanding of how partnerships of educational agencies and research institutions design and implement such innovations in ways that improve student outcomes, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Technology-Enabled Education Innovation Partnership Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Title I—Technology-enabled education innovation partnership program. Sec. 101. Grants. Sec. 102. Report and evaluation. Sec. 103. National technology activities. Title II—Technology innovation research centers. Sec. 201. Establishment of a Technology Innovation Partnership Coordinating Center. Sec. 202. Establishment of Advanced Learning Technology Research and Development Centers. Title III—Availability of funds Sec. 301. Availability of funds. 2. Findings and purposes (a) Findings Congress finds the following: (1) Technology and the Internet have transformed nearly every aspect of both the global economy and our daily lives. In a technology-rich world, no amount of memorizing information will make a student competitive in the global labor market. America needs an education system that supports students from all walks of life in becoming inquisitive, resourceful thinkers who use technology to pursue knowledge, collaborate across geographic and cultural boundaries, acquire new skills, and solve complex problems. (2) Equality and equity of access is more than access to the same hardware, software, and broadband connections. It includes access to the best digital learning resources and access to teachers who know how to orchestrate the use of these resources in ways that inspire students and produce better learning outcomes. (3) Technology by itself will not improve student outcomes. What is needed are carefully designed innovations that include not just technology but also good learning content, effective instructional strategies, supports for teachers and school systems figuring out how to use the new approach, and the capacity to collect, analyze and reflect on data that will show whether or not the innovation is having the intended effects. (4) Effective learning technology implementations addressing the challenging aspects of language arts, mathematics and science that all students are expected to master. This will require partnerships among education agencies, education researchers, and technology developers with the common goal of harnessing technology to provide opportunities for deeper learning to students who would not otherwise experience them. (b) Purposes The purpose of this Act is to— (1) accelerate the development of technology-supported innovations that improve student learning and educational attainment; and (2) promote the use of technology-supported innovations that improve student outcomes in classrooms serving high-need students. 3. Definitions In this Act: (1) ESEA terms The terms local educational agency , professional development , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Eligible partnership The term eligible partnership means a partnership that— (A) shall include— (i) not less than one— (I) State educational agency; or (II) local educational agency; and (ii) not less than one research and evaluation partner, ; and (B) may include other necessary partner organizations, as determined by the Secretary (acting through the Office of Innovation and Improvement), including technology developers or vendors, technical assistance providers, and education associations. (3) High-need student The term high-need student means— (A) a student from a family living below the poverty level for the most recent fiscal year for which satisfactory data are available; (B) English language learners; and (C) students with disabilities. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Meta-analysis The term meta-analysis means a statistical technique for combining the results of multiple independent studies of the same or similar phenomena in order to provide a more precise estimate of the treatment effect. (6) Research and evaluation collaborator The term research and evaluation collaborator means as an institution of higher education, a nonprofit research organization, or an established evaluator of educational programs that— (A) is not a member of an eligible partnership; (B) is independent of a State educational agency; and (C) has demonstrated capacity to— (i) conduct valid and objective social science research on the relationship between technology-enabled education innovation programs and outcomes, mediated by qualities of implementation; and (ii) provide timely empirical feedback that contributes to improving technology-enabled education innovation. (7) Research and evaluation partner The term research and evaluation partner means an institution of higher education or a nonprofit research organization in an eligible partnership that is responsible for— (A) designing and conducting an evaluation of the extent to which the partnership’s innovation leads to better outcomes for students; and (B) researching the way in which the innovation is implemented in different settings and with different kinds of students, and the relationship between implementation practices and differences in student outcomes. (8) Secretary The term Secretary means the Secretary of Education. (9) Technology-enabled education innovation program The term technology-enabled education innovation program means an educational intervention that— (A) employs information technology, best available knowledge about how people learn, and an understanding of how programs are implemented in education settings; and (B) may be implemented at scale with reasonable costs, with the ratio of expected benefits to costs being significantly superior to that for existing approaches. I Technology-enabled education innovation partnership program. 101. Grants (a) Program authorization From the amounts appropriated under section 103 after making a reservation under subsection (b) of such section, the Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to design, implement, refine, and scale technology-enabled education innovation programs. (b) Application (1) In general An eligible partnership desiring a 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. (2) Application contents An application described in paragraph (1), shall, at a minimum— (A) include a description of how the eligible partnership proposes to use the grant funds to implement a technology-enabled education innovation program; (B) list the objectives of the technology-enabled education innovation program; (C) provide a budget for the use of the grant funds; (D) describe the evaluation plan and assessment measures for the technology-enabled education innovation program; and (E) provide such additional assurances and information as the Secretary determines to be necessary. (c) Awards (1) Minimum and Maximum Grant Amount A grant awarded under this section shall be not less than $300,000 and not greater than $1,000,000 for each fiscal year. (2) Duration A grant under this section shall be awarded for a period of 3 years. (3) Extension (A) Duration and amount A grant awarded under this section may be extended for an additional 2 years in an amount determined appropriate by the Secretary. (B) Progress and peer review An extension of a grant awarded to an eligible partnership under this section shall be contingent upon evidence of progress and capacity for scaling the technology-enabled education innovation program carried out by the partnership with the grant funds, as determined by a peer review process conducted by the Secretary. (d) Preference points for matching funds The Secretary may award up to 10 percent in competitive preference points to an eligible partnership in which the State educational agency or local educational agency partner provides 10 percent or more matching funds to cover the cost of the activities funded by a grant awarded under this section. (e) Required use of funds An eligible partnership that is awarded a grant under this section shall use such grant to carry out a technology-enabled education innovation program— (1) under which 75 percent or more of students taking part in such program attend a school in which 50 percent or more of the student body is eligible for free or reduced-price lunches (under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 )); and (2) that at a minimum— (A) uses technology to address curriculum content and instructional strategies that support science, language arts, or mathematics, in accordance with career and college ready standards and 21st century skills; (B) demonstrates that sufficient technological infrastructure (which may include connectivity, end user devices, servers, peripherals, or other technology directly related to the technology-enabled innovation) is, or will be, available in the schools participating in the partnership grant to implement the innovation program successfully; (C) measures student learning outcomes aligned to the objectives of such innovation program; and (D) provides teachers with professional development to increase their knowledge and skill related to educational content, pedagogical techniques, and how to use technology effectively in support of learning, which will enable teachers to have the skills and knowledge to implement the innovation program’s instructional strategies with the intended level of frequency and with fidelity to the learning principles on which the innovation is based. 102. Report and evaluation (a) Annual report required An eligible partnership shall submit an annual report to the Secretary detailing— (1) all activities undertaken by the eligible partnership using grant funds; (2) student learning outcomes; and (3) refinements planned for the technology-enabled education innovation program based on analysis of student learning outcome data. (b) Independent evaluation Data used in the report shall be gathered and evaluated by a research and evaluation collaborator. (c) Alternative measures (1) Assessment Measures to evaluate under subsection (b) the academic achievement of students enrolled in a technology-enabled education innovation program may include alternative measures such as student enrollment in advanced course options, consistent completion of homework, or other alternative measures that the Secretary may prescribe, except that if no suitable alternate measure exists to capture outcome data of national significance, an eligible partnership may develop a new measure. (2) Reliability Eligible partnership shall demonstrate that the alternative measures of academic achievement are reliable and valid for the purpose for which such measures are used. (d) Data sets (1) In general Not later than 3 years of carrying out the innovation program established under this section, an eligible partnership shall provide a data set containing student records to a Technology-Enabled Education Innovation Partnership Coordinating Center established under section 201. (2) Data elements A data set described in paragraph (1)— (A) shall contain— (i) a record with an assigned student number for each student participating in the innovation program carried out by the eligible partnership and— (I) information sufficient to determine which innovations were experienced by the student and to analyze the quantitative education outcomes that were measured for that student; (II) student demographic data that will permit subgroup analyses, including by gender, racial or ethnic group, disability status, economic disadvantage, English language proficiency, and migrant status; and (III) such other information that the Secretary may require based on the specifications determined under section 201(b)(1) and that is common to all technology-enabled education innovation programs; and (B) may not include any personally identifying information. 103. National technology activities From the amounts appropriated under section 4 to carry out this title, the Secretary shall reserve 5 percent for the support of national technology activities that share information across technology-enabled education innovation programs funded under this title, such as support for better dissemination of information across such innovation programs to national audiences, by— (1) conducting a study of new approaches to using technology to enhance education outcomes as needed to support making policy around educational technology; (2) disseminating on the Internet for all State educational agencies and other interested parties findings concerning the conditions and practices associated with the use of technology in schools; and (3) providing technical assistance to assist State educational agencies and local educational agencies in applying research-based knowledge to implementing technology in schools. II Technology innovation research centers. 201. Establishment of a Technology Innovation Partnership Coordinating Center (a) Establishment of Center The Secretary shall establish a Technology-Enabled Education Innovation Partnership Coordinating Center for the purpose of creating and promoting use of a Web-accessible archive of the data sets gathered from eligible partnerships under section 102(d). (b) Requirements The Secretary shall direct the center established under subsection (a) to— (1) convene a panel of experts in learning technology, educational improvement, and research methods to specify a set of common data elements required to be submitted by eligible partnerships under section 102(d); (2) provide technical assistance to such eligible partnerships around data submission, data security, and privacy protection; (3) conduct meta-analyses and other syntheses of the data produced by such eligible partnerships; and (4) allow independent researchers access to the data. 202. Establishment of Advanced Learning Technology Research and Development Centers (a) Establishment of centers The Secretary, in consultation with the Director of the National Science Foundation, shall establish and oversee one or more advanced learning technology research and development centers to address the priorities and grand challenges for learning technology set forth in the 2010 National Education Technology Plan, Transforming American Education: Learning Powered by Technology published by the Office of Educational Technology of the Department of Education. (b) Requirements A center established under subsection (a), for the purpose of advancing learning technology evaluation and assessment, shall— (1) design and validate an integrated system for designing and implementing valid, reliable, and cost-effective assessments of important college- and work-relevant complex skills, such as critical thinking, problem solving, effective communication, collaboration, creativity, and innovation, across academic disciplines; (2) design and validate an integrated approach for capturing, aggregating, mining, student learning, and financial data, and sharing content cost-effectively for multiple purposes across multiple learning platforms and data systems; and (3) report data to the Secretary on the designs and validations carried out under paragraphs (1) and (2) in an expedited manner and make such data publicly available within 1 year of carrying out such designs and validations. III Availability of funds 301. Availability of funds For fiscal year 2014 and for each succeeding fiscal year not less than 10 percent of the amount appropriated for such fiscal year for the Office of Innovation and Improvement of the Department of Education shall be available to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3325ih/xml/BILLS-113hr3325ih.xml |
113-hr-3326 | I 113th CONGRESS 1st Session H. R. 3326 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Huffman introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for an exchange of land between the United States and the Trinity Public Utilities District of Trinity County, California, involving a parcel of National Forest System land in Shasta-Trinity National Forest.
1. Short title This Act may be cited as the Trinity County Land Exchange Act of 2013 . 2. Land exchange, Trinity Public Utilities District, Trinity County, California, the Bureau of Land Management, and the Forest Service (a) Land exchange required If the Utilities District conveys to the Secretary of the Interior all right, title, and interest of the Utilities District in and to Parcel A, the Secretary of Agriculture shall convey to the Utilities District, in exchange, all right, title, and interest of the United States in and to Parcel B. (b) Availability of maps and legal descriptions Any map prepared by the Secretary of the Interior or the Secretary of Agriculture in connection with a conveyance under subsection (a), and the legal description of Parcel A and Parcel B, shall be on file and available for public inspection in the Office of the Chief of the Forest Service and the appropriate office of the Bureau of Land Management. With the agreement of the parties to the conveyances under subsection (a), the Secretary of the Interior and the Secretary of Agriculture may make technical corrections to the maps and legal descriptions. (c) Equal value exchange (1) Land Exchange Process The land exchange under this section is intended to be an equal value exchange. Except as provided in paragraph (3), the Secretary of the Interior and the Secretary of Agriculture shall carry out the land exchange in accordance with section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). (2) Appraisal of parcels The values of Parcel A and Parcel B shall by determined by appraisals performed by a qualified appraiser mutually agreed to by the parties to the conveyances under subsection (a). The appraisals shall be performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Cash equalization If the values of Parcel A and Parcel B are not equal, the values may be equalized through the use of a cash equalization payment. Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ), a cash equalization payment may be made in excess of 25 percent of the appraised value of the Parcel B. (d) Disposition of proceeds (1) In general Any cash equalization payment received by the United States under subsection (c) shall be deposited in the fund established under Public Law 90–171 ( 16 U.S.C. 484a ; commonly known as the Sisk Act). (2) Use of proceeds Amounts deposited under paragraph (1) shall be available to the Secretary of Agriculture, without further appropriation and until expended, for the acquisition of land or interests in land in California for inclusion in the National Forest System. (e) Survey and administrative costs The exact acreage and legal description of Parcel A and Parcel B shall be determined by a survey satisfactory to the Secretary of the Interior and the Secretary of Agriculture. The Utilities District shall be responsible for the costs of the survey. The Federal Government and the Utilities District shall share in other administrative costs of the land exchange under this section. (f) Management of acquired land Upon the acquisition of Parcel A, the Secretary of the Interior, acting through the Redding Field Office of the Bureau of Land Management, shall administer Parcel A as public land in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and the laws and regulations applicable to public land administered by the Bureau of Land Management. (g) Completion of land exchange The Secretary of Agriculture shall complete the conveyance of Parcel B not later than one year after the date on which the Utilities District offers to convey Parcel A to the Secretary of the Interior. (h) Definitions For the purposes of this section: (1) Parcel A The term Parcel A means the approximately 47 acres of land, known as the Sky Ranch parcel , adjacent to public land administered by the Redding Field Office of the Bureau of Land Management. (2) Parcel B The term Parcel B means the approximately 100 acres land in the Shasta-Trinity National Forest in the State of California near the Weaverville Airport in Trinity County. (3) Utilities District The term Utilities District means the Trinity Public Utilities District of Trinity County, California. | https://www.govinfo.gov/content/pkg/BILLS-113hr3326ih/xml/BILLS-113hr3326ih.xml |
113-hr-3327 | I 113th CONGRESS 1st Session H. R. 3327 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an extension of the work opportunity tax credit for veterans.
1. Extension of work opportunity tax credit for veterans (a) In general Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting (December 31, 2018, in the case of any qualified veteran) before the period at the end. (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3327ih/xml/BILLS-113hr3327ih.xml |
113-hr-3328 | I 113th CONGRESS 1st Session H. R. 3328 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an extension of the work opportunity tax credit for certain targeted groups.
1. Extension of work opportunity tax credit for certain targeted groups (a) In general Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting (December 31, 2018, in the case of any member of a targeted group described in subparagraph (C), (E), (F), or (G) of subsection (d)(1)) before the period at the end. (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3328ih/xml/BILLS-113hr3328ih.xml |
113-hr-3329 | I 113th CONGRESS 1st Session H. R. 3329 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Luetkemeyer (for himself, Mr. Cotton , Mr. Murphy of Florida , Mr. Quigley , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To enhance the ability of community financial institutions to foster economic growth and serve their communities, boost small businesses, increase individual savings, and for other purposes.
1. Changes required to small bank holding company policy statement on assessment of financial and managerial factors (a) In general Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225–appendix C) that provide that the policy shall apply to bank holding companies and savings and loan holding companies which have pro forma consolidated assets of less than $1,000,000,000 and that— (1) are not engaged in any nonbanking activities involving significant leverage; and (2) do not have a significant amount of outstanding debt that is held by the general public. (b) Conforming amendment Section 171(b)(5)(C) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5371(b)(5)(C) ) is amended by inserting or small savings and loan holding company after any small bank holding company . (c) Rule of construction Nothing in this Act or the amendments made by this Act may be construed as limiting the authority of the Board of Governors of the Federal Reserve System to exclude a bank holding company or a savings and loan holding company from the policy statement described under subsection (a), if such action is warranted for supervisory purposes. (d) Definitions For purposes of this section: (1) Bank holding company The term bank holding company has the meaning given that term under section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 ). (2) Savings and loan holding company The term savings and loan holding company has the meaning given that term under section 10(a) of the Home Owners' Loan Act ( 12 U.S.C. 1467a(a) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3329ih/xml/BILLS-113hr3329ih.xml |
113-hr-3330 | I 113th CONGRESS 1st Session H. R. 3330 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Michelle Lujan Grisham of New Mexico (for herself, Mr. Ben Ray Luján of New Mexico , Mr. Yoder , Mr. Jeffries , Mr. Scott of Virginia , Ms. Jackson Lee , Mr. Enyart , Mr. McGovern , Mr. Hastings of Florida , Mr. Cartwright , Mrs. Negrete McLeod , Mr. Schiff , Mr. O’Rourke , Ms. Kuster , Mr. Horsford , Ms. Tsongas , and Mr. Ribble ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to repeal the limitation on the number of veterans authorized to be enrolled in programs of independent living services and assistance administered by the Secretary of Veterans Affairs.
1. Short title This Act may be cited as the Veterans’ Independent Living Enhancement Act . 2. Repeal of limitation on number of veterans enrolled in programs of independent living services and assistance administered by the Secretary of Veterans Affairs (a) Repeal Section 3120 of title 38, United States Code, is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (b) Conforming amendment Subsection (a) of such section is amended by striking subsection (f) and inserting subsection (e) . (c) Report to Congress Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a plan to educate employees of the Department of Veterans Affairs whose responsibilities relate to vocational rehabilitation counseling or employment counseling about the benefits and appropriate use of the independent living services provided under section 3120 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3330ih/xml/BILLS-113hr3330ih.xml |
113-hr-3331 | I 113th CONGRESS 1st Session H. R. 3331 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Waters , Ms. Moore , and Mr. Capuano ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend title 31, United States Code, to ensure that persons who form corporations or limited liability companies in the United States disclose the beneficial owners of those corporations or limited liability companies, in order to prevent wrongdoers from exploiting United States corporations and limited liability companies for criminal gain, to assist law enforcement in detecting, preventing, and punishing terrorism, money laundering, and other misconduct involving United States corporations and limited liability companies, and for other purposes.
1. Short title This Act may be cited as the Incorporation Transparency and Law Enforcement Assistance Act . 2. Findings Congress finds the following: (1) Nearly 2,000,000 corporations and limited liability companies are being formed under the laws of the States each year. (2) Very few States obtain meaningful information about the beneficial owners of the corporations and limited liability companies formed under their laws. (3) A person forming a corporation or limited liability company within the United States typically provides less information to the State of incorporation than is needed to obtain a bank account or driver's license and typically does not name a single beneficial owner. (4) Criminals have exploited the weaknesses in State formation procedures to conceal their identities when forming corporations or limited liability companies in the United States, and have then used the newly created entities to commit crimes affecting interstate and international commerce such as terrorism, drug trafficking, money laundering, tax evasion, securities fraud, financial fraud, and acts of foreign corruption. (5) Law enforcement efforts to investigate corporations and limited liability companies suspected of committing crimes have been impeded by the lack of available beneficial ownership information, as documented in reports and testimony by officials from the Department of Justice, the Department of Homeland Security, the Financial Crimes Enforcement Network of the Department of the Treasury, the Internal Revenue Service, and the Government Accountability Office, and others. (6) In July 2006, a leading international anti-money laundering organization, the Financial Action Task Force on Money Laundering (in this section referred to as the FATF ), of which the United States is a member, issued a report that criticizes the United States for failing to comply with a FATF standard on the need to collect beneficial ownership information and urged the United States to correct this deficiency by July 2008. (7) In response to the FATF report, the United States has repeatedly urged the States to strengthen their incorporation practices by obtaining beneficial ownership information for the corporations and limited liability companies formed under the laws of such States. (8) Many States have established automated procedures that allow a person to form a new corporation or limited liability company within the State within 24 hours of filing an online application, without any prior review of the application by a State official. In exchange for a substantial fee, 2 States will form a corporation within 1 hour of a request. (9) Dozens of Internet Web sites highlight the anonymity of beneficial owners allowed under the incorporation practices of some States, point to those practices as a reason to incorporate in those States, and list those States together with offshore jurisdictions as preferred locations for the formation of new corporations, essentially providing an open invitation to criminals and other wrongdoers to form entities within the United States. (10) In contrast to practices in the United States, all 28 countries in the European Union are required to have formation agents identify the beneficial owners of the corporations formed under the laws of the country. (11) To reduce the vulnerability of the United States to wrongdoing by United States corporations and limited liability companies with hidden owners, to protect interstate and international commerce from criminals misusing United States corporations and limited liability companies, to strengthen law enforcement investigations of suspect corporations and limited liability companies, to set minimum standards for and level the playing field among State incorporation practices, and to bring the United States into compliance with its international anti-money laundering standards, Federal legislation is needed to require the States to obtain beneficial ownership information for the corporations and limited liability companies formed under the laws of such States. 3. Transparent incorporation practices (a) Transparent incorporation practices (1) In general Chapter 53 of title 31, United States Code, is amended by inserting after section 5332 the following new section: 5333. Transparent incorporation practices (a) Reporting requirements (1) In general Not later than the beginning of fiscal year 2016, the Secretary of the Treasury shall issue regulations requiring each corporation and limited liability company formed in a State that does not have a formation system described under subsection (b) to file with the Secretary such information as the corporation or limited liability company would be required to provide the State if such State had a formation system described under subsection (b). (2) Disclosure of beneficial ownership information Beneficial ownership information reported to the Secretary of the Treasury pursuant to paragraph (1) shall be provided by the Secretary of the Treasury upon receipt of— (A) a civil or criminal subpoena or summons from a State agency, Federal agency, or congressional committee or subcommittee requesting such information; (B) a written request made by a Federal agency on behalf of another country under an international treaty, agreement, or convention, or an order under section 3512 of title 18, United States Code, or section 1782 of title 28, United States Code, issued in response to a request for assistance from a foreign country; or (C) a written request made by the Financial Crimes Enforcement Network of the Department of the Treasury. (b) Formation system (1) In general With respect to a State, a formation system is described under this subsection if it meets the following requirements: (A) Identification of beneficial owners Except as provided in paragraphs (2) and (4), and subject to paragraph (3), each applicant to form a corporation or limited liability company under the laws of the State is required to provide to the State during the formation process a list of the beneficial owners of the corporation or limited liability company that— (i) except as provided in subparagraph (F), identifies each beneficial owner by— (I) name; (II) current residential or business street address; and (III) a unique identifying number from a non-expired passport issued by the United States or a non-expired drivers license issued by a State; and (ii) if the applicant is not the beneficial owner, provides the identification information described in clause (i) relating to the applicant. (B) Updated information For each corporation or limited liability company formed under the laws of the State— (i) the corporation or limited liability company is required by the State to update the list of the beneficial owners of the corporation or limited liability company by providing the information described in subparagraph (A) to the State not later than 60 days after the date of any change in the list of beneficial owners or the information required to be provided relating to each beneficial owner; (ii) in the case of a corporation or limited liability company formed or acquired by a formation agent and retained by the formation agent as a beneficial owner for transfer to another person, the formation agent is required by the State to submit to the State an updated list of the beneficial owners and the information described in subparagraph (A) for each such beneficial owner not later than 10 days after date on which the formation agent transfers the corporation or limited liability company to another person; and (iii) the corporation or limited liability company is required by the State to submit to the State an annual filing containing the list of the beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner. (C) Retention of information Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State is required to be maintained by the State until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State. (D) Information requests Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State shall be provided by the State upon receipt of— (i) a civil or criminal subpoena or summons from a State agency, Federal agency, or congressional committee or subcommittee requesting such information; (ii) a written request made by a Federal agency on behalf of another country under an international treaty, agreement, or convention, or section 1782 of title 28, United States Code; or (iii) a written request made by the Financial Crimes Enforcement Network. (E) No bearer share corporations or limited liability companies A corporation or limited liability company formed under the laws of the State may not issue a certificate in bearer form evidencing either a whole or fractional interest in the corporation or limited liability company. (2) States that license formation agents (A) In general Notwithstanding paragraph (1), a State described in subparagraph (B) may permit an applicant to form a corporation or limited liability company under the laws of the State, or a corporation or limited liability company formed under the laws of the State, to provide the required information to a licensed formation agent residing in the State, instead of to the State directly, if the application under paragraph (1)(A) or the update under paragraph (1)(B) contains— (i) the name, current business address, contact information, and licensing number of the licensed formation agent that has agreed to maintain the information required under this subsection; and (ii) a certification by the licensed formation agent that the licensed formation agent has possession of the information required under this subsection and will maintain the information in the State licensing the licensed formation agent in accordance with State law. (B) States described A State described in this subparagraph is a State that maintains a formal licensing system for formation agents that requires a formation agent to register with the State, meet standards for fitness and honesty, maintain a physical office and records within the State, undergo regular monitoring, and be subject to sanctions for noncompliance with State requirements. (C) Licensed formation agent duties A licensed formation agent that receives beneficial ownership information under State law in accordance with this paragraph shall— (i) maintain the information in the State in which the corporation or limited liability company is being or has been formed in the same manner as required for States under paragraph (1)(C); (ii) provide the information under the same circumstances as required for States under paragraph (1)(D); and (iii) perform the duties of a formation agent under paragraph (3). (D) Termination of relationship (i) In general Except as provided in clause (ii), a licensed formation agent that receives beneficial ownership information relating to a corporation or limited liability company under State law in accordance with this paragraph and that resigns, dissolves, or otherwise ends a relationship with the corporation or limited liability company shall promptly— (I) notify the State in writing that the licensed formation agent has resigned or ended the relationship; and (II) transmit all beneficial ownership information relating to the corporation or limited liability company in the possession of the licensed formation agent to the licensing State. (ii) Exception If a licensed formation agent receives written instructions from a corporation or limited liability company, the licensed formation agent may transmit the beneficial ownership information relating to the corporation or limited liability company to another licensed formation agent that is within the same State and has agreed to maintain the information in accordance with this section. (iii) Notice to State If a licensed formation agent provides beneficial ownership information to another licensed formation agent under clause (ii), the licensed formation agent providing the information shall promptly notify in writing the State under the laws of which the corporation or limited liability company is formed of the identity of the licensed formation agent receiving the information. (3) Certain beneficial owners If an applicant to form a corporation or limited liability company or a beneficial owner, officer, director, or similar agent of a corporation or limited liability company who is required to provide identification information under this subsection does not have a nonexpired passport issued by the United States or a nonexpired drivers license or identification card issued by a State, each application described in paragraph (1)(A) and each update described in paragraph (1)(B) shall include a certification by a formation agent residing in the State that the formation agent— (A) has obtained for each such person a current residential or business street address and a legible and credible copy of the pages of a nonexpired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person; (B) has verified the name, address, and identity of each such person; (C) will provide the information described in subparagraph (A) and the proof of verification described in subparagraph (B) upon request under the same circumstances as required for States under paragraph (1)(D); and (D) will retain the information and proof of verification under this paragraph in the State in which the corporation or limited liability company is being or has been formed until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State. (4) Exempt entities (A) In general A formation system described in paragraph (1) shall require that an application for an entity described in subparagraph (C) or (D) of subsection (d)(2) that is proposed to be formed under the laws of a State and that will be exempt from the beneficial ownership disclosure requirements under this subsection shall include in the application a certification by the applicant, or a prospective officer, director, or similar agent of the entity— (i) identifying the specific provision of subsection (d)(2) under which the entity proposed to be formed would be exempt from the beneficial ownership disclosure requirements under paragraphs (1), (2), and (3); (ii) stating that the entity proposed to be formed meets the requirements for an entity described under such provision of subsection (d)(2); and (iii) providing identification information for the applicant or prospective officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (3). (B) Existing entities On and after the date that is 2 years after the effective date of the amendments to the formation system of a State made to comply with this section, an entity formed under the laws of the State before such effective date shall be considered to be a corporation or limited liability company for purposes of, and shall be subject to the requirements of, this subsection unless an officer, director, or similar agent of the entity submits to the State a certification— (i) identifying the specific provision of subsection (d)(2) under which the entity is exempt from the requirements under paragraphs (1), (2), and (3); (ii) stating that the entity meets the requirements for an entity described under such provision of subsection (d)(2); and (iii) providing identification information for the officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (3). (C) Exempt entities having ownership interest If an entity described in subparagraph (C) or (D) of subsection (d)(2) has or will have an ownership interest in a corporation or limited liability company formed or to be formed under the laws of a State, the applicant, corporation, or limited liability company in which the entity has or will have the ownership interest shall provide the information required under this subsection relating to the entity, except that the entity shall not be required to provide information regarding any natural person who has an ownership interest in, exercises substantial control over, or receives substantial economic benefits from the entity. (c) Penalties (1) In general It shall be unlawful for— (A) any person to affect interstate or foreign commerce by— (i) knowingly providing, or attempting to provide, false or fraudulent beneficial ownership information, including a false or fraudulent identifying photograph, to a State or licensed formation agent under State law in accordance with this section; (ii) willfully failing to provide complete or updated beneficial ownership information to a State or licensed formation agent under State law in accordance with this section; or (iii) knowingly disclosing the existence of a subpoena, summons, or other request for beneficial ownership information, except— (I) to the extent necessary to fulfill the authorized request; or (II) as authorized by the entity that issued the subpoena, summons, or other request; or (B) in the case of a formation agent, knowingly failing to obtain or maintain credible, legible, and updated beneficial ownership information, including any required identifying photograph. (2) Civil and criminal penalties In addition to any civil or criminal penalty that may be imposed by a State, any person who violates paragraph (1)— (A) shall be liable to the United States for a civil penalty of not more than $10,000; and (B) may be fined under title 18, United States Code, imprisoned for not more than 3 years, or both. (d) Definitions For the purposes of this section: (1) Beneficial owner (A) In general Except as provided in subparagraph (B), the term beneficial owner means a natural person who, directly or indirectly— (i) exercises substantial control over a corporation or limited liability company; or (ii) has a substantial interest in or receives substantial economic benefits from the assets of a corporation or limited liability company. (B) Exceptions The term beneficial owner shall not include— (i) a minor child; (ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of a corporation or limited liability company and whose control over or economic benefits from the corporation or limited liability company derives solely from the employment status of the person; (iv) a person whose only interest in a corporation or limited liability company is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of a corporation or limited liability company, unless the creditor also meets the requirements of subparagraph (A). (2) Corporation; limited liability company The terms corporation and limited liability company — (A) have the meanings given such terms under the laws of the applicable State; (B) include any non-United States entity eligible for registration or registered to do business as a corporation or limited liability company under the laws of the applicable State; (C) do not include any entity that is, and discloses in the application by the entity to form under the laws of the State or, if the entity was formed before the date of the enactment of this section, in a filing with the State under State law— (i) a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 781 ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) ); (ii) a business concern constituted or sponsored by a State, a political subdivision of a State, under an interstate compact between 2 or more States, by a department or agency of the United States, or under the laws of the United States; (iii) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )); (iv) a credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )); (v) a bank holding company (as defined in section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 )); (vi) a broker or dealer (as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )) that is registered under section 15 of the Securities and Exchange Act of 1934 ( 15 U.S.C. 78o ); (vii) an exchange or clearing agency (as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )) that is registered under section 6 or 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78f and 78q–1); (viii) an investment company (as defined in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 )) or an investment advisor (as defined in section 202(11) of the Investment Advisors Act of 1940 ( 15 U.S.C. 80b–2(11) ), if the company or adviser is registered with the Securities and Exchange Commission, or has filed an application for registration which has not been denied, under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ) or the Investment Advisor Act of 1940 ( 15 U.S.C. 80b–1 et seq. ); (ix) an insurance company (as defined in section 2 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2 )); (x) a registered entity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )), or a futures commission merchant, introducing broker, commodity pool operator, or commodity trading advisor (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )) that is registered with the Commodity Futures Trading Commission; (xi) a public accounting firm registered in accordance with section 102 of the Sarbanes–Oxley Act ( 15 U.S.C. 7212 ); (xii) a public utility that provides telecommunications service, electrical power, natural gas, or water and sewer services, within the United States; (xiii) a church, charity, or nonprofit entity that is described in section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code of 1986, has not been denied tax exempt status, and has filed the most recently due annual information return with the Internal Revenue Service, if required to file such a return; (xiv) any business concern that— (I) employs more than 20 employees on a full time basis in the United States; (II) files income tax returns in the United States demonstrating more than $5,000,000 in gross receipts or sales; and (III) has an operating presence at a physical office within the United States; or (xv) any corporation or limited liability company formed and owned by an entity described in clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), or (xiv); and (D) do not include any individual business concern or class of business concerns which the Secretary of the Treasury, with the written concurrence of the Attorney General of the United States, has determined in writing should be exempt from the requirements of subsection (a), because requiring beneficial ownership information from the business concern would not serve the public interest and would not assist law enforcement efforts to detect, prevent, or punish terrorism, money laundering, tax evasion, or other misconduct. (3) Formation agent The term formation agent means a person who, for compensation— (A) acts on behalf of another person to assist in the formation of a corporation or limited liability company under the laws of a State; or (B) purchases, sells, or transfers the public records that form a corporation or limited liability company. . (2) Rulemaking To carry out this Act and the amendments made by this Act, the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, may issue guidance or a rule to— (A) clarify the definitions under section 5333(d) of title 31, United States Code, as added by paragraph (1); and (B) specify how to verify beneficial ownership information or other identification information for purposes of such section 5333, including whether the verification procedures specified in section 5333(b)(3) should apply to all applicants under section 5333(b)(1) or whether such verification process should require the notarization of signatures. (3) Conforming amendments Title 31, United States Code, is amended— (A) in section 5321(a)— (i) in paragraph (1), by striking sections 5314 and 5315 each place it appears and inserting sections 5314, 5315, and 5333 ; and (ii) in paragraph (6), by inserting (except section 5333) after subchapter each place it appears; and (B) in section 5322, by striking section 5315 or 5324 each place it appears and inserting section 5315, 5324, or 5333 . (4) Table of contents The table of contents of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following: Sec. 5333. Transparent incorporation practices. . (5) Restrictions on public access A State may— (A) restrict public access to all or any portion of the beneficial ownership information provided to the State as described under section 5332 of title 31, United States Code, as added by this Act; and (B) by statute, regulation, order, or interpretation adopted or issued by the State after the date of enactment of this Act, provide for public access to all or any portion of such information. (6) No duty of verification This Act and the amendments made by this Act do not impose any obligation on a State to verify the name, address, or identity of a beneficial owner whose information is submitted to such State under section 5333 of title 31, United States Code, as added by this Act. (b) Funding authorization (1) In general To carry out section 5333 of title 31, United States Code, during the 3-year period beginning on the date of enactment of this Act, funds shall be made available to each State to pay reasonable costs relating to compliance with the requirements of such section. (2) Funding sources To protect the United States against the misuse of United States corporations and limited liability companies with hidden owners, funds shall be provided to each State to carry out the purposes described in paragraph (1) from one or more of the following sources: (A) Upon application by a State, and without further appropriation, the Secretary of the Treasury shall make available to the State unobligated balances described in section 9703(g)(4)(B) of title 31, United States Code, in the Department of the Treasury Forfeiture Fund established under section 9703(a) of title 31, United States Code. (B) Upon application by a State, after consultation with the Secretary of the Treasury, and without further appropriation, the Attorney General of the United States shall make available to the State excess unobligated balances (as defined in section 524(c)(8)(D) of title 28, United States Code) in the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (3) Maximum amounts (A) Department of the Treasury The Secretary of the Treasury may not make available to States a total of more than $30,000,000 under paragraph (2)(A). (B) Department of Justice The Attorney General of the United States may not make available to States a total of more than $10,000,000 under paragraph (2)(B). (4) Rulemaking Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury and the Attorney General shall, jointly, issue regulations setting forth the procedures for States to apply for funds under this subsection, including determining which State measures should be funded to assess, plan, develop, test, or implement relevant policies, procedures, or system modifications. (c) Compliance Report Nothing in this section or the amendments made by this section authorizes the Secretary of the Treasury to withhold from a State any funding otherwise available to the State because of a failure by that State to comply with section 5333 of title 31, United States Code. Not later than the end of the 42-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report— (1) identifying which States obtain beneficial ownership information as described in such section 5333; (2) with respect to each State that does not obtain such information, whether corporations and limited liability companies formed under the laws of such State are in compliance with such section 5333 and providing the specified beneficial ownership information to the Secretary of the Treasury; and (3) whether the Department of the Treasury is in compliance with such section 5333 and, if not, what steps it must take to come into compliance with this section. (d) Federal contractors Not later than the first day of the first full fiscal year beginning at least one year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code, to require any contractor who is subject to the requirement to disclose beneficial ownership information under section 5333 of title 31, United States Code, to provide the information required to be disclosed under such section to the Federal Government as part of any bid or proposal for a contract with a value threshold in excess of the simplified acquisition threshold under section 134 of title 41, United States Code. (e) Anti-Money laundering obligations of formation agents (1) In general Section 5312(a)(2) of title 31, United States Code, is amended— (A) in subparagraph (Y), by striking or at the end; (B) by redesignating subparagraph (Z) as subparagraph (AA); and (C) by inserting after subparagraph (Y) the following: (Z) any person who, for compensation— (i) acts on behalf of another person to form, or assist in formation of, a corporation or limited liability company under the laws of a State; or (ii) purchases, sells, or transfers the public records that form a corporation or limited liability company; or . (2) Deadline for anti-money laundering rule for formation agents (A) Proposed rule Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General of the United States and the Commissioner of the Internal Revenue Service, shall publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(Z) of title 31, United States Code, as amended by this subsection, to establish anti-money laundering programs under subsection (h) of section 5318 of that title. (B) Final rule Not later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall publish the rule described in this subsection in final form in the Federal Register. (C) Exclusions Any rule promulgated under this subsection shall exclude from the category of persons involved in forming a corporation or limited liability company— (i) any government agency; and (ii) any attorney or law firm that uses a paid formation agent operating within the United States to form the corporation or limited liability company. 4. Studies and reports (a) Other legal entities Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Congress a report— (1) identifying each State that has procedures that enable persons to form or register under the laws of the State partnerships, trusts, or other legal entities, and the nature of those procedures; (2) identifying each State that requires persons seeking to form or register partnerships, trusts, or other legal entities under the laws of the State to provide information about the beneficial owners (as that term is defined in section 5333(d)(1) of title 31, United States Code, as added by this Act) or beneficiaries of such entities, and the nature of the required information; (3) evaluating whether the lack of available beneficial ownership information for partnerships, trusts, or other legal entities— (A) raises concerns about the involvement of such entities in terrorism, money laundering, tax evasion, securities fraud, or other misconduct; and (B) has impeded investigations into entities suspected of such misconduct; and (4) evaluating whether the failure of the United States to require beneficial ownership information for partnerships and trusts formed or registered in the United States has elicited international criticism and what steps, if any, the United States has taken or is planning to take in response. (b) Effectiveness of incorporation practices Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Congress a report assessing the effectiveness of incorporation practices implemented under this Act and the amendments made by this Act in— (1) providing law enforcement agencies with prompt access to reliable, useful, and complete beneficial ownership information; and (2) strengthening the capability of law enforcement agencies to combat incorporation abuses, civil and criminal misconduct, and detect, prevent, or punish terrorism, money laundering, tax evasion, or other misconduct. | https://www.govinfo.gov/content/pkg/BILLS-113hr3331ih/xml/BILLS-113hr3331ih.xml |
113-hr-3332 | I 113th CONGRESS 1st Session H. R. 3332 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Nadler (for himself, Mr. Petri , Mr. Conyers , Mr. DeFazio , Mr. Holt , Ms. Lee of California , Mr. Van Hollen , Ms. Lofgren , and Mr. McClintock ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide safe, fair, and responsible procedures and standards for resolving claims of state secret privilege.
1. Short title This Act may be cited as the State Secrets Protection Act . 2. State secret privilege In any civil action brought in Federal or State court, the Government has a privilege to refuse to give information and to prevent any person from giving information only if the Government shows that public disclosure of the information that the Government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. 3. Protection of secrets (a) In general The court shall take steps to protect sensitive information that comes before the court in connection with proceedings under this Act. These steps may include reviewing evidence or pleadings and hearing arguments ex parte, issuing protective orders, placing material under seal, and applying security procedures established under the Classified Information Procedures Act for classified information to protect the sensitive information. (b) In camera proceedings All hearings and other proceedings under this Act may be conducted in camera, as needed to protect information that may be subject to the privilege. (c) Participation of counsel Participation of counsel in proceedings under this Act may be limited if the court determines that the limitation is a necessary step to protect information the Government asserts is protected by the privilege or that supports the claim of privilege. (d) Guardian ad litem Where counsel is excluded from a proceeding, the court shall have discretion to appoint a guardian ad litem to represent the absent litigant’s interests, drawing, in consultation with the excluded nongovernmental party, from a previously generated list of attorneys who have been granted required security clearances in the past and have agreed to serve in this capacity. The guardian ad litem shall not discuss the information claimed as privileged or its content with any nongovernmental party or nongovernmental party’s counsel. (e) Production of adequate substitute pending resolution of the claim of privilege If, at any point during its consideration of the Government’s claim, the court determines that disclosure of information to a party or counsel, or disclosure of information by a party that already possesses it, presents a risk of a harm described in subsection (a) that cannot be addressed through less restrictive means provided in this subsection, the court may require the Government to produce an adequate substitute, such as a redacted version, summary of the information, or stipulation regarding the relevant facts, if the court deems such a substitute feasible. The substitute must be reviewed and approved by the court and must provide counsel with a substantially equivalent opportunity to assess and challenge the Government’s claim of privilege as would the protected information. 4. Assertion of the privilege (a) In general The Government may assert the privilege in connection with any claim in a civil action to which it is a party or may intervene in a civil action to which it is not a party to do so. (b) Supporting affidavits If the Government asserts the privilege, the Government shall provide the court with an affidavit signed by the head of the executive branch agency with responsibility for, and control over, the information asserted to be subject to the privilege. In the affidavit, the head of the agency shall explain the factual basis for the claim of privilege. The Government shall make public an unclassified version of the affidavit. 5. Preliminary proceedings (a) Preliminary review by court Once the Government has asserted the privilege, and before the court makes any determinations under section 6, the court shall undertake a preliminary review of the information the Government asserts is protected by the privilege and provide the Government an opportunity to seek protective measures under this Act. After any initial protective measures are in place, the court shall proceed to the consideration of additional preliminary matters under this section. (b) Consideration of whether To appoint special master or expert witness The court shall consider whether the appointment of a special master with appropriate expertise or an expert witness, or both, would facilitate the court’s duties under this Act. (c) Index of materials The court may order the Government to provide a manageable index of the information that the Government asserts is subject to the privilege. The index must correlate statements made in the affidavit required under this Act with portions of the information the Government asserts is subject to the privilege. The index shall be specific enough to afford the court an adequate foundation to review the basis of the assertion of the privilege by the Government. (d) Prehearing conferences After the preliminary review, the court shall hold one or more conferences with the parties to— (1) determine any steps needed to protect sensitive information; (2) define the issues presented by the Government’s claim of privilege, including whether it is possible to allow the parties to complete nonprivileged discovery before determining whether the claim of privilege is valid; (3) order disclosure to the court of anything needed to assess the claim, including all information the Government asserts is protected by the privilege and other material related to the Government’s claim; (4) resolve any disputes regarding participation of counsel or parties in proceedings relating to the claim, including access to the Government’s evidence and arguments; (5) set a schedule for completion of discovery related to the Government’s claim; and (6) take other steps as needed, such as ordering counsel or parties to obtain security clearances. 6. Procedures and standard for assessing the privilege claim (a) Hearing The court shall conduct a hearing to determine whether the privilege claim is valid. (b) Basis for ruling (1) Generally The court may not determine that the privilege is valid until the court has reviewed— (A) except as provided in paragraph (2), all of the information that the Government asserts is privileged; (B) the affidavits, evidence, memoranda and other filings submitted by the parties related to the privilege claim; and (C) any other evidence that the court determines it needs to rule on the privilege. (2) Sampling in certain cases Where the volume of information the Government asserts is privileged precludes a timely review, or the court otherwise determines a review of all of that information is not feasible, the court may substitute a sufficient sampling of the information if the court determines that there is no reasonable possibility that review of the additional information would change the court’s determination on the privilege claim and the information reviewed is sufficient to enable the court to make the independent assessment required by this section. (c) Standard In ruling on the validity of the privilege, the court shall make an independent assessment of whether the harm identified by the Government, as required by section 2, is reasonably likely to occur should the privilege not be upheld. The court shall weigh testimony from Government experts in the same manner as it does, and along with, any other expert testimony. (d) Burden of proof The Government shall have the burden of proof as to the nature of the harm and as to the likelihood of its occurrence. 7. Effect of court determination (a) In general If the court determines that the privilege is not validly asserted, the court shall issue appropriate orders regarding the disclosure of the information to a nongovernmental party and its admission at trial, subject to the other rules of evidence, with the right to interlocutory appeal as provided in section 8 for any such orders. If the court determines that the privilege is validly asserted, that information shall not be disclosed to a nongovernmental party or the public. (b) Nonprivileged substitute (1) Court consideration of substitute If the court finds that the privilege is validly asserted and it is possible to craft a nonprivileged substitute, such as those described in section 3(e), for the privileged information that would provide the parties a substantially equivalent opportunity to litigate the case, the court shall order the Government to produce the substitute to the satisfaction of the court. (2) Refusal to provide In a civil action brought against the Government, if the court orders the Government to provide a nonprivileged substitute for information and the Government fails to comply, in addition to any other appropriate sanctions, the court shall find against the Government on the factual or legal issue to which the privileged information is relevant. If the action is not brought against the Government, the court shall weigh the equities and make appropriate orders as provided in subsection (d). (c) Opportunity To complete discovery The court shall not resolve any issue or claim and shall not grant a motion to dismiss or motion for summary judgment based on the state secrets privilege and adversely to any party against whom the Government’s privilege claim has been upheld until that party has had a full opportunity to complete nonprivileged discovery and to litigate the issue or claim to which the privileged information is relevant without regard to that privileged information. (d) Appropriate orders in the interest of justice After reviewing all available evidence, and only after determining that privileged information, for which it is impossible to create a nonprivileged substitute, is necessary to decide a factual or legal issue or claim, the court shall weigh the equities and make appropriate orders in the interest of justice, such as striking the testimony of a witness, finding in favor of or against a party on a factual or legal issue to which the information is relevant, or dismissing a claim or counterclaim. This paragraph does not permit an award of money damages against a party based in whole or in part on privileged information that was not disclosed to that party. 8. Interlocutory appeal (a) In general The courts of appeal shall have jurisdiction of an appeal from a decision or order of a district court determining that the state secrets privilege is not validly asserted, sanctioning a refusal to provide an adequate or nonprivileged substitute required under this Act, or refusing protective steps sought by the Government under this Act pending the resolution of the claim of state secrets privilege. (b) Appeal (1) In general An appeal taken under this section either before or during trial shall be expedited by the court of appeals. (2) During trial If an appeal is taken during trial, the district court shall adjourn the trial until the appeal is resolved and the court of appeals— (A) shall hear argument on appeal as expeditiously as possible after adjournment of the trial by the district court; (B) may dispense with written briefs other than the supporting materials previously submitted to the trial court; (C) shall render its decision as expeditiously as possible after argument on appeal; and (D) may dispense with the issuance of a written opinion in rendering its decision. 9. Reporting (a) In general Consistent with applicable authorities and duties, including those conferred by the Constitution of the United States upon the executive and legislative branches, the Attorney General shall report in writing to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the House of Representatives and Senate on any case in which the Government invokes a state secrets privilege, not later than 30 calendar days after the date of such assertion. Each report submitted under this subsection shall include all affidavits filed under this Act by the Government. (b) Operation and effectiveness (1) In general The Attorney General shall deliver to the committees of Congress described in subsection (a) a report concerning the operation and effectiveness of this Act and including suggested amendments to the Act. (2) Deadline The Attorney General shall submit this report not later than 1 year after the date of enactment of this Act, and every year thereafter until the date that is 3 years after that date of enactment. After the date that is 3 years after that date of enactment, the Attorney General shall submit a report under paragraph (1) as necessary. 10. Rule of construction This Act provides the only privilege that may be asserted in civil cases based on state secrets and the standards and procedures set forth in this Act apply to any assertion of the privilege. 11. Application This Act applies to claims pending on or after the date of enactment of this Act. A court also may relieve a party or its legal representative from a final judgment, order, or proceeding that was based, in whole or in part, on the state secrets privilege if— (1) the motion for relief is filed with the rendering court within one year of the date of enactment of this Act; (2) the underlying judgment, order, or proceeding from which the party seeks relief was entered after January 1, 2002; and (3) the claim on which the judgement, order, or proceeding is based is— (A) against the Government; or (B) arises out of conduct by persons acting in the capacity of a Government officer, employee, or agent. | https://www.govinfo.gov/content/pkg/BILLS-113hr3332ih/xml/BILLS-113hr3332ih.xml |
113-hr-3333 | I 113th CONGRESS 1st Session H. R. 3333 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Ruiz (for himself, Mr. Tipton , Mr. Cook , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Federal Emergency Management Agency to award mitigation financial assistance in certain areas affected by wildfires.
1. Short title This Act may be cited as the Wildfire Prevention Act of 2013 . 2. Wildfire mitigation assistance (a) In general Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Post disaster mitigation assistance The President may provide hazard mitigation assistance in accordance with section 404 in any area in which assistance was provided under this section, whether or not a major disaster had been declared. . (b) Conforming amendments The Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended— (1) in section 404(a) ( 42 U.S.C. 5170c(a) )— (A) by inserting before the first period , or any area in which assistance was provided under section 420 ; and (B) in the third sentence, by inserting or event under section 420 after major disaster each place that term appears; and (2) in section 322(e)(1) ( 42 U.S.C. 5165(e)(1) ), by inserting or event under section 420 after major disaster each place that term appears. | https://www.govinfo.gov/content/pkg/BILLS-113hr3333ih/xml/BILLS-113hr3333ih.xml |
113-hr-3334 | I 113th CONGRESS 1st Session H. R. 3334 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Linda T. Sánchez of California (for herself, Ms. Eddie Bernice Johnson of Texas , Mr. Blumenauer , Ms. Bordallo , Mr. Carson of Indiana , Mr. Cartwright , Ms. Clarke , Mr. Conyers , Mr. Danny K. Davis of Illinois , Ms. Frankel of Florida , Ms. Norton , Ms. Jackson Lee , Mr. Langevin , Mr. Loebsack , Mr. Lowenthal , Ms. Michelle Lujan Grisham of New Mexico , Mr. Michaud , Mrs. Napolitano , Mr. Rangel , Ms. Roybal-Allard , Ms. Schakowsky , Ms. Schwartz , and Ms. Waters ) 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 coverage of certified adult day services under the Medicare program.
1. Short title This Act may be cited as the Medicare Adult Day Services Act of 2013 . 2. Findings Congress makes the following findings: (1) Adult day care can offer services, including medical care, rehabilitation therapies, dignified assistance with activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation, to seniors and people with disabilities at no extra cost to the Medicare program. (2) The care given at adult day services centers under an interdisciplinary team provides seniors, people with disabilities, and their familial caregivers with more care hours and additional services that are critical to keeping patients healthier and in the homes of the patients instead of in a nursing home, and reduces the risk of hospital admission or readmission. 3. Medicare coverage of certified adult day services (a) Medicare certified adult day services benefit (1) Definition Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) Certified adult day services; adult day services provider; certified adult day services center; post-Institutional certified adult day services; certified adult day services spell of illness (1) (A) The term certified adult day services means, subject to paragraph (4), the items and services described in subparagraph (B) that are furnished to an individual who is under the care of a physician— (i) by an adult day services provider (as defined in paragraph (2)) or by another entity under an arrangement with such an adult day services provider to provide such services; (ii) in accordance with a plan (for furnishing such items and services to such individual) approved and periodically reviewed by such physician; and (iii) in a certified adult day services center (as defined in paragraph (3)). (B) For purposes of subparagraph (A), the items and services described in this subparagraph are the following: (i) Part-time or intermittent services (as defined in subparagraph (C)(i)) provided by or under the supervision of a registered professional nurse. (ii) Physical or occupational therapy or speech-language pathology services, or any combination of such services. (iii) Medical social services under the direction of a physician. (iv) Nutritional meals, including special diets, as ordered by a physician. (v) A program of supervised activities (that meets such criteria as the Secretary determines appropriate) designed to promote physical and mental health that are furnished in a group setting for a period of not fewer than 4 and not greater than 8 hours per day. (vi) A medication management program (as defined in subparagraph (C)(ii)). (vii) Medical supplies (including catheters, catheter supplies, ostomy bags, and supplies related to ostomy care, and a covered osteoporosis drug (as defined in subsection (kk)), but excluding other drugs and biologicals) and durable medical equipment. (viii) Transportation of the individual described in subparagraph (A) to and from a certified adult day services center in connection with the provision of an item or service described in a previous provision of this subparagraph. (C) (i) For purposes of subparagraph (B)(i), the term part-time or intermittent services means certified adult day services furnished any number of days per week as long as such services are furnished fewer than 8 hours each day. For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), insofar as such respective section relates to certified adult day services, intermittent means certified adult day services that are either provided or needed on fewer than 7 days each week, or less than 8 hours of each day for periods of 21 days or less (with extensions in exceptional circumstances when the need for additional care is finite and predictable). (ii) For purposes of subparagraph (B)(vi), the term medication management program means a program of education and services (that meets such criteria as the Secretary determines appropriate) to minimize— (I) unnecessary or inappropriate use of prescription drugs; and (II) adverse events due to unintended prescription drug-to-drug interactions. (2) The term adult day services provider means a provider of home and community-based services that is approved in the applicable State to provide long-term services and supports, which may include nursing care, physical therapy, occupational therapy, social work services, transportation, and personal care services. (3) The term certified adult day services center means a facility— (A) of a public agency or private organization, or a subdivision of such an agency or organization, that— (i) is primarily engaged in providing an interdisciplinary approach that includes skilled nursing services and other therapeutic services directly; (ii) has policies, established by a group of professional personnel (associated with the agency or organization), including one or more physicians and one or more registered professional nurses, to govern the services (referred to in subparagraph (A)) which it provides, and provides for supervision of such services; (iii) maintains clinical records on all patients; (iv) in the case of an agency or organization in any State in which State or applicable local law provides for the licensing or certification of agencies or organizations of this nature, (i) is licensed or certified pursuant to such law, or (ii) is approved, by the agency of such State or locality responsible for licensing or certifying agencies or organizations of this nature, as meeting the standards established for such licensing or certification; (v) is licensed or certified by the State involved or accredited as meeting requirements, including under section 1865, through a nationally recognized accrediting agency that is recognized by the Secretary; (vi) has in effect an overall plan and budget that meets the requirements of subsection (z); (vii) meets applicable conditions of participation under section 1891(a) (or similar conditions specified by the Secretary as applicable to such an agency or organization) and such other conditions of participation as the Secretary may find necessary in the interest of the health and safety of individuals who are furnished services by such agency or organization; and (viii) meets such additional requirements (including conditions relating to bonding or establishing of escrow accounts as the Secretary finds necessary for the financial security of the program) as the Secretary finds necessary for the effective and efficient operation of the program; (B) at which such agency or organization provides for items and services described in paragraph (1)(B); and (C) that complies with all applicable State and local building codes, fire codes, zoning laws, and State licensing building standards that apply to a State licensed or certified or nationally accredited adult day center, and in States where there are no State licensing building standards for adult day centers, building standards based on the standards adopted by a nationally recognized accrediting agency that is recognized by the Secretary and applies to such a center standards that are comparable to the requirements applied to a skilled nursing facility pursuant to section 1819(d)(2)(B). (4) For purposes of paragraph (1)(A), an item or service furnished to an individual, with respect to a period, shall not be considered an adult day service if— (A) the individual is— (i) concurrently receiving similar skilled services under a State plan under section 1905(a) or under a home and community-based waiver authorized for a State under section 1115, under subsection (c) or (d) of section 1915, under a State plan amendment under subsection (i) of section 1915, or under section 1902(a)(10)(D); and (ii) receiving such item or service during such period under such State plan, waiver, amendment, or respective section; or (B) the individual is receiving such item or service during such period pursuant to a plan of care from a home health agency under section 1861(m). (5) Nothing in this subsection shall be construed as prohibiting a home health agency from— (A) establishing a State licensed or certified or nationally accredited certified adult day services center and furnishing certified adult day services; or (B) providing services under arrangements with such a center. (6) The term post-institutional certified adult day services means certified adult day services furnished to an individual— (A) after discharge from a hospital or critical access hospital in which the individual was an inpatient for not less than 3 consecutive days before such discharge if such certified adult day services were initiated within 14 days after the date of such discharge; or (B) after discharge from a skilled nursing facility in which the individual was provided post-hospital extended care services if such certified adult day services were initiated within 14 days after the date of such discharge. (7) The term certified adult day services spell of illness with respect to any individual means a period of consecutive days— (A) beginning with the first day (not included in a previous certified adult day services spell of illness)— (i) on which such individual is furnished post-institutional certified adult day services; and (ii) which occurs in a month for which the individual is entitled to benefits under part A; and (B) ending with the close of the first period of 60 consecutive days thereafter on each of which the individual is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in section 1819(a)(1) or subsection (y)(1) nor provided home health services or certified adult day services. . (2) Inclusion under part B benefit Section 1832(a)(2) of the Social Security Act ( 42 U.S.C. 1395k(a)(2) ) is amended— (A) in subparagraph (I), by striking at the end and ; (B) in subparagraph (J), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (K) certified adult day services (as defined in section 1861(iii)(1)(A)). . (3) Inclusion under part A benefit Section 1812(a) of the Social Security Act is amended— (A) in paragraph (4), by striking at the end and ; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (6) in the case of individuals not enrolled in part B, certified adult day services (as defined in paragraph (1)(A) of section 1861(iii)), and in the case of individuals so enrolled, post-institutional certified adult day services (as defined in paragraph (6) of such section) furnished during a certified adult day services spell of illness (as defined in paragraph (7) of such section) for up to 100 visits during such spell of illness. . (b) Payment of claims requirements for home health services applied to certified adult day services (1) Part A Section 1814(a)(2)(C) of the Social Security Act ( 42 U.S.C. 1395f(a)(2)(C) ) is amended by inserting or certified adult day services after each occurrence of home health services . (2) Part B Section 1835(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(A) ) is amended— (A) in the matter preceding clause (i), by inserting or certified adult day services (as defined in section 1861(iii)(1)(A)) after home health services ; and (B) in clause (i), by inserting or certified adult day services after home health services . (c) Conforming amendments (1) Interaction with coverage of home health services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) ) is amended by adding at the end the following new sentence: An individual described in this subsection, with respect to home health services furnished during a period, shall not include an individual who is receiving comparable certified adult day services (as defined in section 1861(iii)(1)) during such period. . (2) Intermittent services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) ) is amended in the last sentence by inserting insofar as such respective section relates to home health services, after section 1835(a)(2)(A), . (3) Institutional planning requirement Section 1861(z) of the Social Security Act ( 42 U.S.C. 1395x(z) ) is amended in the matter preceding paragraph (1), by striking or home health agency and inserting home health agency, or certified adult day services center . (4) Inclusion as provider of services Section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) ) is amended by inserting certified adult day services center, after home health agency, . (d) Payment for certified adult day services under the home health prospective payment system Section 1895 of the Social Security Act ( 42 U.S.C. 1395fff ) is amended by adding at the end the following new subsection: (f) Application of home health prospective payment system to certified adult day services (1) In general The Secretary shall, in accordance with this subsection, develop a methodology under which the fee schedule and provisions under this section shall apply to certified adult day services (as defined in section 1861(iii)(1)) in a similar manner to which such schedule and provisions apply to home health services. (2) Payment rate determination and limitations Under such methodology, the following shall apply, with respect to certified adult day services furnished to an individual during a period specified by the Secretary under a plan of care established under section 1861(iii) for which payment may be made under this title: (A) Determination of components The Secretary shall determine each component (as defined by the Secretary) of such certified adult day services. (B) Estimation of payment amount The Secretary shall estimate the amount that would otherwise be payable under this section for the components of services determined under subparagraph (A) if such services were furnished by a home health agency (or, if such component or service would not otherwise be so payable under this section if so furnished, the amount that would be payable under this section for a comparable home health service furnished by a home health agency) during such period. (C) Amount of payment The total amount payable under this section for such certified adult day services furnished to such individual during such period shall be 98 percent of the amount estimated to be payable for such services (or comparable services) under subparagraph (B) for such period. (D) Limitation No payment may be made under this section for certified adult day services described in clauses (iv) through (vi) and (ix) of section 1861(iii)(1)(A). (3) Limitation on balance billing A certified adult day services center shall accept as payment in full for certified adult day services described in clauses (i) through (iii), (vii) through (viii), and (x) through (xii) of section 1861(iii)(1)(A) furnished by the center to an individual entitled to benefits under this title the amount of payment provided under this section for home health services consisting of items and services described in such respective clauses. . (e) Consolidated billing Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended— (1) by striking or at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting, or ; and (3) by inserting after paragraph (25) the following new paragraph: (26) which are certified adult day services for which payment may be made under section 1895(f) and which are furnished to an individual by a State licensed or certified or nationally accredited certified adult day services center pursuant to a plan of care established under section 1861(iii) with respect to such services, by an entity other than such facility, unless the services are furnished under arrangements (as defined in section 1861(w)(1)) with the entity made by such facility. . (f) Temporary increase for certified adult day services furnished in a rural area (1) In general With respect to episodes and visits ending on or after January 1, 2014, and before January 1, 2016, in the case of certified adult day services (as defined in section 1861(iii)(1)(A) of the Social Security Act, as added by subsection (a)), furnished in a rural area (as defined in section 1886(d)(2)(D) of such Act ( 42 U.S.C. 1395ww(d)(2)(D) )), the Secretary of Health and Human Services shall increase the payment amount otherwise made under section 1895 of such Act ( 42 U.S.C. 1395fff ) for such services by 3 percent. (2) Waiving budget neutrality The Secretary shall not reduce the standard prospective payment amount (or amounts) under section 1895 of the Social Security Act ( 42 U.S.C. 1395fff ) applicable to such certified adult day services furnished during a period to offset the increase in payments resulting from the application of paragraph (1). (3) No effect on subsequent periods The payment increase provided under paragraph (1) for a period under such paragraph— (A) shall not apply to episodes and visits ending after such period; and (B) shall not be taken into account in calculating the payment amounts applicable for episodes and visits occurring after such period. (g) Adult day services provider technical assistance In order to facilitate the development of certified adult day services under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall, as deemed necessary by the Secretary, provide adult day services providers (as defined in section 1861(iii)(2) of such Act) with technical assistance, consultation, tools, and other resources to assist them with the application process and implementation of certified adult day services (as defined in such section). (h) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3334ih/xml/BILLS-113hr3334ih.xml |
113-hr-3335 | I 113th CONGRESS 1st Session H. R. 3335 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Scalise introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to update certain procedures applicable to commerce in firearms and remove certain Federal restrictions on interstate firearms transactions.
1. Short title This Act may be cited as the Firearms Interstate Commerce Reform Act . 2. Authority to conduct interstate firearms transactions (a) Firearms dispositions Section 922(b)(3)(A) of title 18, United States Code, is amended— (1) by striking rifle or shotgun and inserting firearm ; (2) by striking located and inserting located or temporarily located ; and (3) by striking both such States and inserting the State in which the transfer is conducted and the State of residence of the transferee . (b) Dealer location Section 923 of such title is amended— (1) in subsection (j)— (A) in the first sentence, by striking , and such location is in the State which is specified on the license ; and (B) in the last sentence— (i) by inserting transfer, after sell, ; and (ii) by striking all that follows Act and inserting a period; and (2) by adding at the end the following: (m) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition— (1) by a person licensed under this chapter to another person so licensed, at any location in any State; or (2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State. . (c) Residence of united states officers Section 921 of such title is amended by striking subsection (b) and inserting the following: (b) For purposes of this chapter: (1) A member of the Armed Forces on active duty, or a spouse of the member, is a resident of— (A) the State in which the person maintains legal residence; (B) the State in which the permanent duty station of the member is located; and (C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station. (2) An officer or employee of the United States (other than a member of the Armed Forces) stationed outside the United States for a period exceeding one year, or a spouse residing with such an officer or employee, is a resident of the State in which the person maintains legal residence. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3335ih/xml/BILLS-113hr3335ih.xml |
113-hr-3336 | I 113th CONGRESS 1st Session H. R. 3336 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Ms. Schwartz (for herself, Ms. Speier , Mr. Higgins , and Ms. Shea-Porter ) 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 supplemental appropriations for the National Institutes of Health for the fiscal year ending September 30, 2014, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2014: Department of Health and Human Services National Institutes of Health For an additional amount for the National Institutes of Health for carrying out title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ), $3,000,000,000, to remain available until expended. General Provisions 101. Modification of class life for corporate jets (a) In general Section 168(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v)(II) and inserting , and , and by adding at the end the following new clause: (vi) any airplane (and any airframe or engine of such an airplane) other than an airplane— (I) which is used in directly carrying out activities essential to the function of a trade or business other than the commercial or contract carrying of freight or passengers, and (II) the primary use of which is not for the transportation of freight or passengers (including the pilot), other than medical or emergency transportation. . (b) Alternative depreciation system The table contained in subparagraph (B) of section 168(g)(3) of such Code is amended by inserting after the item relating to subparagraph (C)(iv) the following new item: (C)(vi) 12 . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Special rule for binding contracts (A) In general In the case of any property for which there is a qualified written binding contract in effect before the date of the enactment of this Act, the amendments made by this section shall apply to property placed in service after December 31, 2014. (B) Qualified written binding contract For purposes of subparagraph (A), the term qualified written binding contract means a written binding contract with respect to which— (i) the purchaser made a nonrefundable deposit at the time such contract was entered into in an amount equal to or greater than the lesser of— (I) 10 percent of the cost of such contract, or (II) $100,000, (ii) the estimated production period of the property under the contract exceeds 4 months, and (iii) the total cost of such property exceeds $200,000. This Act may be cited as the Inspiring Scientific Research and Innovation Supplemental Appropriations Act, 2014 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3336ih/xml/BILLS-113hr3336ih.xml |
113-hr-3337 | I 113th CONGRESS 1st Session H. R. 3337 IN THE HOUSE OF REPRESENTATIVES October 23, 2013 Mr. Tonko (for himself, Mr. Gibson , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize payment of expenses for a stopover of the remains of decedents covered by section 1481 of such title en route to the final destination.
1. Short title This Act may be cited as the LTC Todd J. Clark Hero Flight Act of 2013 . 2. Authorization of payment of expenses of stopover of remains en route to final destination Section 1482(a)(8) of title 10, United States Code, is amended by striking the place selected by the person and inserting the place selected, and one stopover (either by direct or indirect routing) if requested, by the person . | https://www.govinfo.gov/content/pkg/BILLS-113hr3337ih/xml/BILLS-113hr3337ih.xml |
113-hr-3338 | I 113th CONGRESS 1st Session H. R. 3338 IN THE HOUSE OF REPRESENTATIVES October 24, 2013 Mrs. Ellmers (for herself, Mrs. Blackburn , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Patient Protection and Affordable Care Act to provide, because of problems relating to the operation of Exchanges, for a hardship exemption from the individual mandate for months of noncoverage, and for other purposes.
1. Short title This Act may be cited as the Fairness In Failed Federal Exchange Act of 2013 . 2. Waiver of individual mandate through application of hardship exemption Section 1311(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d) ) is amended by adding at the end the following new paragraph: (8) Application of hardship exemption in cases of noncoverage An applicable individual (as defined in subsection (d) of section 5000A of the Internal Revenue Code of 1986) who is not covered by minimum essential coverage and who is eligible to enroll through an Exchange for coverage under a qualified health plan for a month— (A) in 2014 is deemed (for purposes of this Act and the amendments made by this Act) to have had a certification by the Secretary under paragraph (4)(H) with respect to the hardship exemption described in subsection (e)(5)(H) of such section for such month; and (B) in a subsequent year is deemed (for such purposes) to have had a certification by the Secretary under such paragraph with respect to such hardship exemption if the individual executes an attestation that the individual has been unable to enroll in such a plan through such Exchange for a month in such year. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3338ih/xml/BILLS-113hr3338ih.xml |
113-hr-3339 | I 113th CONGRESS 1st Session H. R. 3339 IN THE HOUSE OF REPRESENTATIVES October 24, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit the use of funds by the Department of Education relating to multistate academic content standards.
1. Short title This Act may be cited as the One Size Does Not Fit All in Education Act . 2. Prohibition on use of funds for certain purposes (a) In general No funds appropriated or otherwise available to the Department of Education may be used to— (1) develop, implement, or evaluate any set of multistate academic content standards or any assessments aligned with such standards; or (2) award any grant, contract, or cooperative agreement that requires or authorizes the development, implementation, or evaluation of multistate academic content standards or assessments aligned with such standards. (b) Applications The Secretary of Education may not require a State to adopt multistate academic content standards or assessments aligned with such standards as an eligibility requirement in an application for Federal funds. (c) Waiver Section 9401 of the Elementary and Secondary Education Act ( 20 U.S.C. 7861 ) is amended by adding at the end the following new subsection: (h) Multistate standards The Secretary may not require a State to adopt multistate academic content standards or assessments aligned with such standards as a condition for receiving a waiver under this section. . (d) Multistate academic content standard defined In this Act, the term multistate academic content standard — (1) means an academic content standard adopted by more than one State; and (2) includes the Common Core State Standards developed by the National Governors Association Center for Best Practices and the Council of Chief State School Officers. | https://www.govinfo.gov/content/pkg/BILLS-113hr3339ih/xml/BILLS-113hr3339ih.xml |
113-hr-3340 | I 113th CONGRESS 1st Session H. R. 3340 IN THE HOUSE OF REPRESENTATIVES October 24, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Financial Services A BILL To require use of amounts repaid to the Secretary of the Treasury by Fannie Mae and Freddie Mac to reduce the national debt.
1. Short title This Act may be cited as the Fannie-Freddie Debt Elimination Act of 2013 . 2. Use of Fannie Mae and Freddie Mac repayments to reduce national debt (a) Reduction of national debt Any amounts paid or repaid to the Secretary of the Treasury by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in any form, including any dividends paid pursuant to the Amended and Restated Senior Preferred Stock Purchase Agreements, dated September 26, 2008, amended May 6, 2009, further amended December 24, 2009, and further amended August 17, 2012, between the United States Department of the Treasury and the Federal National Mortgage Association, and between such Department and the Federal Home Loan Mortgage Corporation shall be transferred by the Secretary to the special account established by subsection (d) of section 3113 of title 31, United States Code, and shall be used only as provided in such subsection. (b) Prohibition The Secretary of the Treasury may not enter into any agreement to further alter, amend, or change any provision of the Amended and Restated Senior Preferred Stock Purchase Agreements referred to in subsection (a) (as amended through August 17, 2012) that relates to dividend payment dates, dividend periods, dividend rates, or dividend amounts. | https://www.govinfo.gov/content/pkg/BILLS-113hr3340ih/xml/BILLS-113hr3340ih.xml |
113-hr-3341 | I 113th CONGRESS 1st Session H. R. 3341 IN THE HOUSE OF REPRESENTATIVES October 24, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to provide for the consideration of costs and benefits during rule making and for the review of existing rules.
1. Short title This Act may be cited as the Verifying Agencies’ Lasting Use of Expenditures Act of 2013 or the VALUE Act of 2013 . 2. Consideration of costs and benefits during rule making Chapter 5 of title 5, United States Code, is amended by inserting after section 553 the following: 553a. Consideration of costs and benefits during rule making; review of existing rules. (a) This section applies in the case of a rule for which an agency is required to follow the procedures under section 553. (b) An agency, when making a rule, shall— (1) clearly identify the nature and source of the problem that the proposed rule is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new rule is warranted; (2) assess the costs and benefits of the rule, both qualitative and quantitative, and propose a rule only on a reasoned determination that the benefits of the rule justify the costs of the rule; and (3) identify and assess available alternatives to the rule that were considered, including amending an existing rule and not regulating, together with an explanation of why the rule meets the regulatory objectives more effectively than the alternatives. (c) Notwithstanding any other provision of law, a rule may not take effect unless an agency complies with subsection (b), except as provided in subsection (d). (d) (1) Notwithstanding any other provision of this section, if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress, a rule that would not take effect by reason of subsection (c) may take effect for a period of 120 days beginning on the date that the President makes a determination under paragraph (2). (2) Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (e) (1) Not later than 5 years after the date of the enactment of the Verifying Agencies’ Lasting Use of Expenditures Act of 2013, and every 5 years thereafter, the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget shall— (A) review the rules of each agency and assess the costs and benefits of such rules to determine whether any such rules are outmoded, ineffective, insufficient, or excessively burdensome; and (B) submit a report to the head of each agency regarding the review conducted under subparagraph (A) of that agency’s rules. (2) Upon receiving a report under paragraph (1)(B), the head of an agency shall modify, streamline, or repeal any rules that the Administrator finds are outmoded, ineffective, insufficient, or excessively burdensome in accordance with such report. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3341ih/xml/BILLS-113hr3341ih.xml |
113-hr-3342 | I 113th CONGRESS 1st Session H. R. 3342 IN THE HOUSE OF REPRESENTATIVES October 24, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on 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 provide for health insurance coverage for the President through an Exchange in the same manner as for Members of Congress.
1. Short title This Act may be cited as the Practice What You Preach Act of 2013 . 2. Health insurance coverage for the President through an Exchange 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 heading by inserting , congressional staff, and the President after Members of congress ; and (2) in clause (i), in the matter preceding subclause (I)— (A) by striking and congressional staff and inserting , congressional staff, and the President ; and (B) by striking or congressional staff and inserting , congressional staff, or the President . | https://www.govinfo.gov/content/pkg/BILLS-113hr3342ih/xml/BILLS-113hr3342ih.xml |
113-hr-3343 | I 113th CONGRESS 1st Session H. R. 3343 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Ms. Norton (for herself and Mr. Issa ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to clarify the rules regarding the determination of the compensation of the Chief Financial Officer of the District of Columbia.
1. Clarification of determination of compensation of Chief Financial Officer of District of Columbia (a) Determination of Compensation Section 424(b)(2)(E) of the District of Columbia Home Rule Act (sec. 1–204.24(b)(2)(E), D.C. Official Code) is amended to read as follows: (E) Pay The Chief Financial Officer shall be paid at a rate such that the total amount of compensation paid during any calendar year does not exceed an amount equal to the limit on total pay which is applicable during the year under section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such title. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3343ih/xml/BILLS-113hr3343ih.xml |
113-hr-3344 | I 113th CONGRESS 1st Session H. R. 3344 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Royce introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Foreign Affairs 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 the provision of foreign assistance does not contribute to human trafficking and to combat human trafficking by requiring greater transparency in the recruitment of foreign workers.
1. Short title This Act may be cited as the Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2013 . 2. Definitions As used in this Act, the following definitions apply: (1) Foreign labor contracting activity The term foreign labor contracting activity means recruiting, soliciting, or related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs wholly outside of the United States. (2) Foreign labor contractor The term foreign labor contractor means any person who performs foreign labor contracting activity, including any person who performs foreign labor contracting activity wholly outside of the United States, except that the term does not include any entity of the United States Government. (3) Person The term person means any natural person or any corporation, company, firm, partnership, joint stock company or association or other organization or entity (whether organized under law or not), including municipal corporations. (4) Secretary Except as otherwise specified, the term Secretary means the Secretary of Labor. (5) Worker The term worker means an individual who is the subject of foreign labor contracting activity and does not include an exchange visitor (as defined in section 62.2 of title 22, Code of Federal Regulations, or any similar successor regulation). 3. Ensuring that foreign assistance does not contribute to human trafficking Section 106 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104 ) is amended— (1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (2) by inserting after subsection (h) the following: (i) Prevention of Trafficking in conjunction with foreign assistance The United States Agency for International Development and the Department of State shall make reasonable efforts to incorporate anti-trafficking and anti-slavery priorities into other aspects of foreign assistance, including the maintenance of systems, such as appropriate supply chain monitoring, to ensure that assistance programs do not contribute to vulnerability to, or the prevalence of, human trafficking and slavery, consistent with this Act. . 4. Transparency in foreign recruiting (a) Requirement for disclosure Any foreign labor contractor shall ascertain and disclose to each worker in writing in English and in the primary language of the worker at the time of the worker’s recruitment, the following information: (1) The identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer, including any subcontractor or agent involved in such recruiting. (2) All assurances and terms and conditions of employment, from the prospective employer for whom the worker is being recruited, including the work hours, level of compensation to be paid, the place and period of employment, a description of the type and nature of employment activities, and any penalties for terminating employment. (3) An itemized list of any costs or expenses to be charged to the worker and any deductions to be taken from wages, including any costs for housing or accommodation, transportation to and from the worksite, meals, health insurance, workers’ compensation, costs of benefits provided, medical examinations, health care, tools, or safety equipment costs. (4) A signed copy of the work contract between the worker and the employer. (5) The type of visa under which the foreign worker is to be employed, the length of time for which the visa will be valid, the terms and conditions under which the visa may be renewed, and a clear statement of any expenses associated with securing or renewing the visa. (6) 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. (7) A statement, in a form specified by the Secretary— (A) stating that— (i) no foreign labor contractor, agent, or employee of a foreign labor contractor, may lawfully assess any fee (including visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs) to a worker for any foreign labor contracting activity; and (ii) the employer may bear such costs or fees for the foreign labor contractor, but that these fees cannot be passed along to the worker; (B) explaining that— (i) no additional significant requirements or changes may be made to the original contract signed by the worker without at least 24 hours to consider such changes and the specific consent of the worker, obtained voluntarily and without threat of penalty; and (ii) any significant changes made to the original contract that do not comply with clause (i) shall be a violation of this Act and be subject to the provisions of section 10 of this Act; and (C) describing the protections afforded the worker by this section and by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b ) and any applicable visa program, including— (i) relevant information about the procedure for filing a complaint provided for in section 10; and (ii) the telephone number for the national human trafficking resource center hotline number. (8) Any education or training to be provided or required, including— (A) the nature, timing, and cost of such training; (B) the person who will pay such costs; (C) whether the training is a condition of employment, continued employment, or future employment; and (D) whether the worker will be paid or remunerated during the training period, including the rate of pay. (b) Relationship to labor and employment laws Nothing in the disclosure required by subsection (a) shall constitute a legal conclusion as to the worker’s status or rights under any labor or employment law. (c) Prohibition on false and misleading information No foreign labor contractor or employer who engages in any foreign labor contracting activity shall knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under subsection (a). The disclosure required by this section is a document concerning the proper administration of a matter within the jurisdiction of a department or agency of the United States for the purposes of section 1519 of title 18, United States Code. 5. Recruitment fees No employer, foreign labor contractor, or agent or employee of a foreign labor contractor, shall assess any fee (including visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs) to a worker for any foreign labor contracting activity. 6. Registration (a) Requirement To Register (1) In general Subject to paragraph (2), prior to engaging in any foreign labor contracting activity, any person who is a foreign labor contractor or who, for any money or other valuable consideration paid or promised to be paid, performs a foreign labor contracting activity on behalf of a foreign labor contractor, shall obtain a certificate of registration from the Secretary of Labor pursuant to regulations promulgated by the Secretary under subsection (c). (2) Exception for certain employers An employer, or employee of an employer, who engages in foreign labor contracting activity solely to find workers for that employer’s own use, and without the participation of any other foreign labor contractor, shall not be required to register under this section. (b) Notification (1) Annual employer notification Each employer shall notify the Secretary, not less frequently than once every year, of the identity of any foreign labor contractor involved in any foreign labor contracting activity for, or on behalf of, the employer, including at a minimum, the name and address of the foreign labor contractor, a description of the services for which the foreign labor contractor is being used, whether the foreign labor contractor is to receive any economic compensation for the services, and, if so, the identity of the person or entity who is paying for the services. (2) Annual foreign labor contractor notification Each foreign labor contractor shall notify the Secretary, not less frequently than once every year, of the identity of any subcontractor, agent, or foreign labor contractor employee involved in any foreign labor contracting activity for, or on behalf of, the foreign labor contractor. (3) Noncompliance notification An employer shall notify the Secretary of the identity of a foreign labor contractor whose activities do not comply with this Act. (4) Agreement Not later than 7 days after receiving a request from the Secretary, an employer shall provide the Secretary with the identity of any foreign labor contractor with which the employer has a contract or other agreement. (c) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to establish an efficient electronic process for the timely investigation and approval of an application for a certificate of registration of foreign labor contractors, including— (1) a declaration, subscribed and sworn to by the applicant, stating the applicant’s permanent place of residence, the foreign labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require; (2) a set of fingerprints of the applicant; (3) an expeditious means to update registrations and renew certificates; (4) providing for the consent of any foreign labor contractor to the designation by a court of the Secretary as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in which the action is commenced, otherwise has become unavailable to accept service, or is subject to personal jurisdiction in no State; (5) providing for the consent of any foreign labor contractor to jurisdiction in any Federal or State court in the United States for any action brought by any aggrieved individual or worker; (6) providing for cooperation in any investigation by the Secretary or other appropriate authorities; (7) providing for consent to the forfeiture of any bond for failure to cooperate with these provisions; (8) providing for consent to be liable for violations of this Act by any agents or subcontractors of any level in relation to the foreign labor contracting activity of the agent or subcontractor to the same extent as if the foreign labor contractor had committed the violation; and (9) providing for consultation with other appropriate Federal agencies to determine whether any reason exists to deny registration to a foreign labor contractor. (d) Term of registration Unless suspended or revoked, a certificate under this section shall be valid for 2 years. (e) Application fee (1) Requirement for fee In addition to any other fees authorized by law, the Secretary shall impose a fee, to be deposited in the general fund of the Treasury, on a foreign labor contractor that submits an application for a certificate of registration under this section. (2) Amount of fee The amount of the fee required by paragraph (1) shall be set at a level that the Secretary determines sufficient to cover the full costs of carrying out foreign labor contract registration activities under this Act, including worker education and any additional costs associated with the administration of the fees collected. (f) Refusal To issue; revocation In accordance with regulations promulgated by the Secretary, the Secretary shall refuse to issue or renew, or shall revoke and debar from eligibility to obtain a certificate of registration for a period of not greater than 5 years, after notice and an opportunity for a hearing, a certificate of registration under this section if— (1) the applicant for, or holder of, the certification has knowingly made a material misrepresentation in the application for such certificate; (2) the applicant for, or holder of, the certification is not the real party in interest in the application or certificate of registration and the real party in interest— (A) is a person who has been refused issuance or renewal of a certificate; (B) has had a certificate revoked; or (C) does not qualify for a certificate under this section; (3) the applicant for, or holder of, the certification has been convicted within the preceding 5 years of— (A) any felony under State or Federal law or crime involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, prostitution, peonage, or smuggling or harboring individuals who have entered the United States illegally; or (B) any crime relating to gambling, or to the sale, distribution or possession of alcoholic beverages, in connection with or incident to any labor contracting activities; or (4) the applicant for, or holder of, the certification has materially failed to comply with this section. (g) Re-Registration of violators The Secretary shall establish a procedure by which a foreign labor contractor that has had its registration revoked under subsection (f) may seek to re-register under this subsection by demonstrating to the Secretary’s satisfaction that the foreign labor contractor has not violated this Act in the previous 5 years and that the foreign labor contractor has taken sufficient steps to prevent future violations of this Act. (h) Bonding requirement The Secretary is authorized to require a foreign labor contractor to post a bond in an amount sufficient to ensure the protection of workers recruited by the foreign labor contractor, and to establish, by regulation, the conditions under which the bond amount is determined, paid, and forfeited. Any bond requirements or the forfeiture of any bond under this subsection are in addition to other remedies under this Act or any other law. 7. Maintenance and posting of lists (a) In general The Secretary shall maintain— (1) a list of all foreign labor contractors registered under this subsection, including— (A) the countries from which the contractors recruit; (B) the employers for whom the contractors recruit; (C) the visa categories and occupations for which the contractors recruit; and (D) the States where recruited workers are employed; and (2) a list of all foreign labor contractors whose certificate of registration the Secretary has revoked. (b) Updates and availability The Secretary shall— (1) update the lists required by subsection (a) on an ongoing basis, not less frequently than every 6 months; (2) make such lists publicly available, including through continuous publication on Internet websites; and (3) provide such lists to the Secretary of State, who shall make such lists available in written form at, and on the websites of, each United States diplomatic mission in the official language of the host country. 8. Obligations of United States Consular Officers Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) A visa shall not be issued under the subparagraph (A)(iii), (B)(i) (but only for domestic servants described in clause (i) or (ii) of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), or (R) of section 101(a)(15) until the consular officer— (1) has provided to and reviewed with the applicant, in the applicant’s language (or a language the applicant understands), a copy of the information and resources pamphlet required by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b ); and (2) has reviewed and made a part of the visa file the foreign labor recruiter disclosures required by section 4 of the Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2013 , as well as a notation of whether the foreign labor recruiter is registered pursuant section 6 of that Act. . 9. Responsibilities of the Secretary of State (a) Overseas availability of foreign labor contractor lists The Secretary of State shall make the lists required by section 7(a) publicly available in written form at, and on the websites of, each United States diplomatic and consular post in the official language of the host country. (b) Designation of personnel To receive complaints overseas The Secretary of State shall— (1) designate personnel at each such post who are responsible for receiving information regarding alleged violations of this Act by foreign labor contractors, and for conveying such information to the Secretary of Labor for potential use in a complaint or investigation pursuant to section 10; and (2) make publicly available on the website of each such post, in the official language of the host country, information on how to contact the personnel designated at that mission pursuant to paragraph (1). 10. Enforcement provisions (a) Complaints and investigations The Secretary— (1) shall establish a process for the receipt, investigation, and disposition of complaints filed by any person regarding the compliance of any employer or foreign labor contractor with this Act; and (2) either pursuant to the process required by paragraph (1) or otherwise, may investigate employers or foreign labor contractors, including actions occurring in a foreign country, as necessary to determine compliance with this Act. (b) Enforcement (1) In general A worker who believes that he or she has suffered harm from a violation of section 4 or 5 may seek relief from an employer or foreign labor contractor by— (A) filing a complaint with the Secretary within 3 years after the date on which the violation occurred or date on which the worker became aware of the violation; or (B) if the Secretary has not issued a final decision within 120 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure (A) In general Unless otherwise provided herein, a complaint under paragraph (1)(A) shall be governed under the rules and procedures set forth in paragraphs (1) and (2)(A) of section 42121(b) of title 49, United States Code. (B) Exception Notification of a complaint under paragraph (1)(A) shall be made to each person or entity named in the complaint as a defendant and to the employer. (C) Statute of limitations An action filed in a district court of the United States under paragraph (1)(B) shall be commenced not later than 180 days after the last day of the 120-day period referred to in that paragraph. (D) Jury trial A party to an action brought under paragraph (1)(B) shall be entitled to trial by jury. (c) Administrative enforcement (1) In general If the Secretary finds, after notice and an opportunity for a hearing, that any foreign labor contractor or employer failed to comply with any of the requirements of this Act, the Secretary may impose the following against such contractor or employer— (A) a fine in an amount not more than $10,000 per violation; and (B) upon the occasion of a third violation or a failure to comply with representations, a fine of not more than $25,000 per violation. (d) Authority To ensure compliance The Secretary is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief and recovery of damages, as may be necessary to assure compliance with the terms and conditions of this Act. (e) Bonding Pursuant to any bond required pursuant to section 6(h), bond liquidation and forfeitures shall be in addition to other remedies under this section or any other law. (f) Civil action (1) In general The Secretary or any person aggrieved by a violation of this Act may bring a civil action against any foreign labor contractor that does not meet the requirements under subsection (g)(2) in any court of competent jurisdiction— (A) to seek remedial action, including injunctive relief; (B) to recover damages on behalf of any worker harmed by a violation of section 4 or 5; and (C) to ensure compliance with requirements of this section. (2) Actions by the Secretary (A) Sums recovered Any sums recovered by the Secretary on behalf of a worker under paragraph (1) or through liquidation of any bond held pursuant to section 6(h) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each worker affected. Any such sums not paid to a worker because of inability to do so within a period of 5 years shall be credited as an offsetting collection to the appropriations account of the Secretary for expenses for the administration of this section and shall remain available to the Secretary until expended or may be used for enforcement of the laws within the jurisdiction of the wage and hour division or may be transferred to the Secretary of Health and Human Services for the purpose of providing support to programs that provide assistance to victims of trafficking in persons or other exploited persons. The Secretary shall work with any attorney or organization representing workers to locate workers owed sums under this section. (B) Representation Except as provided in section 518(a) of title 28, United States Code, the Attorney General may appear for and represent the Secretary in any civil litigation brought under this paragraph. All such litigation shall be subject to the direction and control of the Attorney General. (3) Actions by individuals (A) Award If the court finds in a civil action filed by an individual under this section that the defendant has violated any provision of this Act (or any regulation issued pursuant to this Act), the court may award— (i) damages, up to and including an amount equal to the amount of actual damages, and statutory damages of up to $1,000 per plaintiff per violation, or other equitable relief, except that with respect to statutory damages— (I) multiple infractions of a single provision of this Act (or of a regulation under this Act) shall constitute only 1 violation for purposes of section 3(a) to determine the amount of statutory damages due a plaintiff; and (II) if such complaint is certified as a class action the court may award— (aa) damages up to an amount equal to the amount of actual damages; and (bb) statutory damages of not more than the lesser of up to $1,000 per class member per violation, or up to $500,000; and other equitable relief; (ii) reasonable attorneys’ fees and costs; and (iii) such other and further relief, including declaratory and injunctive relief, as necessary to effectuate the purposes of this Act. (B) Criteria In determining the amount of statutory damages to be awarded under subparagraph (A), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (C) Bond To satisfy the damages, fees, and costs found owing under this subparagraph, the Secretary shall release as much of any bond held pursuant to section 6(h) as necessary. (D) Appeal Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code ( 28 U.S.C. 1291 et seq. ). (E) Access to legal services corporation Notwithstanding any other provision of law, the Legal Services Corporation and recipients of its funding may provide legal assistance on behalf of any alien with respect to any provision of this Act. (g) Agency liability (1) In general Beginning 180 days after the Secretary has promulgated regulations pursuant to section 6(c), an employer who retains the services of a foreign labor contractor shall only use those foreign labor contractors who are registered under section 6. (2) Safe harbor An employer shall not have any liability under this section if— (A) each worker claiming harm for any violation of this Act was referred to the employer by a foreign labor contractor that had a valid registration with the Secretary pursuant to section 6 at the time of referral; and (B) prior to the initiation of any complaint or investigation under subsection (a), the employer did not fail to notify the Secretary of any violation of this Act by a foreign labor contractor of which the employer had actual knowledge. (3) Liability for agents Foreign labor contractors shall be subject to the provisions of this section for violations committed by the foreign labor contractor’s agents or subcontractors of any level in relation to their foreign labor contracting activity to the same extent as if the foreign labor contractor had committed the violation. (h) Retaliation (1) In general No person shall intimidate, threaten, restrain, coerce, discharge, or in any other manner discriminate or retaliate against any worker or their family members (including a former employee or an applicant for employment) because such worker disclosed information to any person that the worker reasonably believes evidences a violation of this section (or any rule or regulation pertaining to this section), including seeking legal assistance of counsel or cooperating with an investigation or other proceeding concerning compliance with this section (or any rule or regulation pertaining to this section). (2) Enforcement An individual who is subject to any conduct described in paragraph (1) may, in a civil action, recover appropriate relief, including reasonable attorneys’ fees and costs, with respect to that violation. Any civil action under this subparagraph shall be stayed during the pendency of any criminal action arising out of the violation. (i) Waiver of rights Agreements by workers purporting to waive or to modify their rights under this Act shall be void as contrary to public policy. (j) Presence during pendency of actions (1) In general If other immigration relief is not available, the Attorney General and the Secretary shall grant advance parole to permit a nonimmigrant to remain legally in the United States for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to this section. (2) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out paragraph (1). 11. Rule of construction Nothing in this Act shall be construed to preempt or alter any other rights or remedies, including any causes of action, available under any other Federal or State law. 12. Regulations The Secretary is authorized to prescribe regulations to implement this Act and to develop policies and procedures to enforce the provisions of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3344ih/xml/BILLS-113hr3344ih.xml |
113-hr-3345 | I 113th CONGRESS 1st Session H. R. 3345 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Issa (for himself, Mr. Cummings , Mr. Mica , Mr. Chaffetz , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 31, United States Code, to consolidate suspension and debarment offices, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Stop Unworthy Spending Act or the SUSPEND Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Consolidation of suspension and debarment offices. Sec. 3. Interagency Suspension and Debarment Committee. Sec. 4. Single case management system. Sec. 5. Single regulation for procurement and nonprocurement programs. Sec. 6. Government Accountability Office review. Sec. 7. Coordination of remedies for fraud and corruption related to procurement and grant activities. Sec. 8. Transfer, redesignation, and amendment of other provision of law relating to debarment and suspension. Sec. 9. Definitions. Sec. 10. Authorization of appropriations. Sec. 11. Effective date. 2. Consolidation of suspension and debarment offices (a) Establishment of Board of Suspension and Debarment (1) In general Subtitle V of title 31, United States Code, is amended by inserting after chapter 63 the following new chapter: 64 Suspension and Debarment Sec. 6401. Board of Suspension and Debarment. 6402. Interagency Suspension and Debarment Committee. 6403. Single regulation for suspension and debarment for procurement and nonprocurement programs. 6404. Uniform suspension, debarment, or exclusion from procurement or nonprocurement activity. 6401. Board of Suspension and Debarment (a) Establishment There is established in the General Services Administration a board for suspension and debarment to be known as the Board of Suspension and Debarment (in this section referred to as the Board ). (b) Purposes The purposes of the Board are to serve as a centralized body to manage all executive agency suspension and debarment activities and improve the suspension and debarment system through— (1) the transparent and efficient handling of cases; (2) the effective oversight of the Governmentwide database containing the list of all excluded parties ineligible for Federal programs pursuant to Executive Orders No. 12549 and No. 12689, including oversight to ensure receipt of information from other agencies and to ensure timeliness, accuracy, and completeness of the database; (3) the consistent and fair treatment of all persons and entities subject to suspension or debarment proceedings, including small businesses with limited resources; and (4) active engagement with remedy coordination officials (as defined in section 2307(i)(10) of title 10 and section 4506 of title 41) within executive agencies for efficient referral of contractors, grantees, or other recipients of Federal financial assistance suspected of committing wrongful actions or repeatedly performing poorly. (c) Effect of determinations of Board (1) Conclusive on governmentwide basis The determination by the Board on whether or not to debar or suspend a contractor, grantee, or other recipient of Federal financial assistance is conclusive on a Governmentwide basis. No other agency may take a contrary action on a Governmentwide basis with respect to the same contractor, grantee, or other recipient based on the facts and circumstances in the administrative record considered by the Board. (2) Consideration of new or additional evidence In considering any new or additional evidence of nonresponsibility of a contractor, grantee, or other recipient of Federal financial assistance not previously considered by the Board, an agency, in determining whether to award another grant or contract or other Federal financial assistance to such contractor, grantee, or other recipient, may consider the cumulative effect of the facts and circumstances previously considered by the Board. (d) Membership (1) Appointment The Board shall consist of members appointed by the Administrator of General Services (in consultation with the Administrator for Federal Procurement Policy) from a register of applicants maintained by the Administrator of General Services, in accordance with rules issued by the Administrator of General Services (in consultation with the Administrator for Federal Procurement Policy) for establishing and maintaining a register of eligible applicants and selecting members. The Administrator of General Services shall appoint a member without regard to political affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of a member. (2) Chair The Administrator of General Services shall designate one member of the Board to serve as Chair of the Board. The position of Chair of the Board shall be a Senior Executive Service position (as defined by section 3132(a)(2) of title 5). (3) Removal The Administrator of General Services, with the consent of the Administrator for Federal Procurement Policy, may remove the Chair or any other member of the Board. (e) Sharing of resources The Administrator of General Services shall provide to the Board such administrative resources as are necessary for the Board to carry out its functions. In carrying out this subsection, the Administrator may provide for the sharing of administrative resources of the Civilian Board of Contract Appeals, such as the Board’s information technology infrastructure, case management system, legal resources, and facilities. (f) Participation by additional entities The Board may enter into an agreement with any other entity that receives Federal funds for the Board to perform suspension and debarment activities on behalf of the entity. (g) Annual report to Congress (1) In general Not later than October 30 of each year, the Chair of the Board shall submit to the relevant congressional committees a report containing the following: (A) A summary of the activities and accomplishments of the Board in the Governmentwide suspension and debarment system, including the total number of referrals, timeliness of case disposition, and breakdown of discretionary and nondiscretionary cases. (B) Recommendations to improve the suspension and debarment system. (2) Form of report The Chair of the Board may combine the report with the report required by section 6402(c)(7) of this title. (h) Definitions In this section: (1) Executive agency The term executive agency has the meaning provided in section 133 of title 41. (2) Relevant congressional committees The term relevant congressional committees means each of the following: (A) The Committee on Oversight and Government Reform of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate. (3) Interagency Suspension and Debarment Committee The term Interagency Suspension and Debarment Committee means the committee established under section 6402 of this title. . (2) Deadline for appointment of Board members The members of the Board of Suspension and Debarment under section 6401 of title 31, United States Code, as added by paragraph (1), shall be appointed not later than one year after the date of the enactment of this Act. (3) Clerical amendment The table of chapters at the beginning of subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 63 the following new item: 64. Suspension and Debarment 6401 . (b) Termination of executive agency suspension and debarment offices (1) In general Except as provided in paragraphs (2) and (3), effective on October 1, 2016, the suspension and debarment office or function in each executive agency shall terminate. (2) Waivers (A) Required waivers Notwithstanding paragraph (1), the Director of the Office of Management and Budget shall grant a waiver to any executive agency listed in section 901(b) of title 31, United States Code, or section 102 of title 5, other than the General Services Administration, that has demonstrated the existence of the following within the agency: (i) A dedicated suspension and debarment program and staff. (ii) Detailed agency-specific policies and procedures relating to suspension and debarment. (iii) Practices that encourage an active suspension and debarment referral process. (iv) In the case of an agency with multiple bureaus, offices, or subordinate organizations, a consolidated suspension and debarment program with only one individual with the title and designation of Suspension and Debarment Officer for the entire agency. (v) Average annual disposition of discretionary suspension and debarment cases of 50 or more, regardless of the outcome, during the three preceding fiscal years. (B) Length of waiver A waiver under this paragraph shall be for five years and may be renewed more than once. (3) Small Business Administration Notwithstanding paragraphs (1) and (2), the Small Business Administration shall maintain its independent authority and function relating to suspension and debarment pursuant to section 16(d) of the Small Business Act ( 15 U.S.C. 645 ). Any other suspension and debarment activities unrelated to such section 16(d) shall terminate in accordance with paragraph (1). (c) Guidance Within 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council, shall issue guidance addressing the scope and operation of the Board of Suspension and Debarment. The guidance shall address, at a minimum, the following: (1) The size, structure, and organization of the Board to efficiently manage all executive agency suspension and debarment actions. (2) Procedures for appointment of the Chair of the Board, including appropriate instructions to appoint without regard to political affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of the Chair of the Board. (3) Procedures for handling new and existing suspension and debarment cases to accomplish timely transfer of all functions to the Board. 3. Interagency Suspension and Debarment Committee (a) Establishment Chapter 64 of title 31, United States Code, as inserted by section 2(a) of this Act, is further amended by adding at the end the following new section: 6402. Interagency Suspension and Debarment Committee (a) Establishment There is established the Interagency Suspension and Debarment Committee (in this section referred to as the Interagency Committee which shall replace the committee constituted under sections 4 and 5 of Executive Order No. 12549. (b) Chair and Vice Chairs (1) Chair The Administrator for Federal Procurement Policy shall serve as Chair of the Interagency Committee. (2) Vice chairs There are at least 2 Vice Chairs of the Interagency Committee. The Chair of the Board of Suspension and Debarment shall serve as a Vice Chair. The Secretary of Defense shall designate one official from the Department of Defense to serve as a Vice Chair. (c) Duties The Interagency Committee shall— (1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings, including with respect to contracts in connection with contingency operations; (2) coordinate actions among interested agencies with respect to such action; (3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system; (4) recommend to the Office of Management and Budget changes to the Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee; (5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations; (6) authorize the Chair of the Interagency Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and (7) not later than October 30 of each year, submit to Congress an annual report on— (A) the progress and efforts to improve the suspension and debarment system; (B) member agencies’ active participation in the Interagency Committee's work; and (C) a summary of each agency's activities and accomplishments in the Governmentwide suspension and debarment system, including the total number of referrals, timeliness of case disposition, and breakdown of discretionary and nondiscretionary cases. (d) Definition In this section, the term contingency operation has the meaning given that term in section 101(a)(13) of title 10. . (b) Conforming repeal of superseded provision Section 873 of Public Law 110–417 ( 31 U.S.C. 6101 note) is hereby repealed. The table of contents contained in section 2 of Public Law 110–417 , and at the beginning of title VIII of such public law, is amended by striking the item relating to section 873. 4. Single case management system (a) Requirement To establish system Not later than one year after the date of the enactment of this Act, the Administrator for General Services (in consultation with the Administrator for Federal Procurement Policy) shall establish and maintain a Web-based suspension and debarment case management system for use by the Board of Suspension and Debarment and appropriate executive agency officials having authority over suspension and debarment. (b) Requirement for use of system The head of each executive agency shall ensure that all cases referred to either the Board or the agency’s suspension and debarment office (in the case of an agency granted a waiver under section 2(b)(2)) are logged into the case management system and that the case status and the name of the employee handling the case are updated at least once each month. (c) Availability of information Any pre-decisional information related to a suspension or debarment case, including the names of the entities or individuals referred to, shall not be made public unless the Chair of the Board or the suspension and debarment official of an executive agency granted a waiver under section 2(b)(2) determines that the release of such information is necessary to protect the interest of the Government. (d) Executive agency defined In this section, the term executive agency has the meaning provided in section 133 of title 41, United States Code. 5. Single regulation for procurement and nonprocurement programs (a) Single regulation required Chapter 64 of title 31, United States Code, as inserted by section 2(a) of this Act, is further amended by adding at the end the following new section: 6403. Single regulation for suspension and debarment for procurement and nonprocurement programs (a) Single regulation The Director of the Office of Management and Budget shall maintain one generally applicable regulation on suspension and debarment for procurement and nonprocurement programs. (b) Requirements (1) In general The regulation maintained pursuant to subsection (a) shall provide, at a minimum, for the procedures and other requirements set forth in paragraphs (2) through (8). (2) Advance notice of adverse action The regulation shall provide procedures for the Board to provide advance notice of adverse action before any adverse action may be taken against a private entity or individual, unless the Chair of the Board of Suspension and Debarment or the suspension and debarment officer of an executive agency granted a waiver under section 2(b)(2) of the SUSPEND Act determines that an expedient action is necessary to protect the interest of the Government. (3) Transparent handling of cases The regulation shall provide procedures for transparent handling of all cases, including public availability of— (A) the outcome of all referred cases, including the rationale for the decision to take or not take an adverse action; and (B) the administrative agreements entered into by the Government in order to resolve a suspension or debarment proceeding. (4) Timely referrals The regulation shall provide procedures to strengthen timely referral of cases, including the role of the agency remedy coordination official (as required in section 7 of the SUSPEND Act). (5) Consistent standards and procedures The regulation shall provide procedures to ensure consistent standards and procedures that treat all alleged violators fairly and expeditiously, including small businesses with limited legal resources. (6) Repeated failure to perform The regulation shall provide procedures to strengthen the identification and referral (for suspension or debarment consideration) of contractors and grantees that repeatedly fail to perform. (7) Contingency procedures The regulation shall provide procedures for an expedited review process to handle contract or grant fraud in a non-traditional or time-sensitive environment, either in a military or non-military setting. . (b) Requirement and deadline To combine regulations Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall combine the separate suspension and debarment regulations for procurement and nonprocurement programs into one generally applicable regulation. 6. Government Accountability Office review (a) Review The Comptroller General of the United States shall review and assess the effectiveness in meeting the requirements of this Act and the amendments made by this Act of— (1) the Board of Suspension and Debarment; (2) the suspension and debarment office of each executive agency granted a waiver under section 2(b)(2); and (3) the case management system established under section 4. (b) Report Not later than 2 years after the establishment of the Board of Suspension and Debarment, the Comptroller General shall submit to the relevant congressional committees a report containing— (1) the findings of the review and assessment required by subsection (a); and (2) recommendations to improve the Governmentwide suspension and debarment system, including identification and assessment of the efficiency of agency-specific requirements that are unnecessary or inconsistent with the Governmentwide system. 7. Coordination of remedies for fraud and corruption related to procurement and grant activities (a) Guidance required Within 6 months after the date of the enactment of this Act, the head of each executive agency and the Inspector General of the agency shall jointly issue guidance that establishes policies, procedures, and responsibilities for the agencywide coordination of criminal, civil, contractual, and administrative remedies stemming from investigations of fraud or corruption related to procurement and grant activities. (b) Matters covered (1) Coordination For each significant investigation of fraud or corruption related to procurement or grant activities affecting an executive agency, the guidance under subsection (a) shall require that the remedy coordination official of the agency be promptly informed and appropriately empowered to carry out the requirements of this section. (2) Role of remedy coordination official The remedy coordination official of the agency shall— (A) ensure that all appropriate contracting and grant officials, officials of the Office of Inspector General of the agency, and officials of the Department of Justice are kept informed about all possible criminal, civil, contractual, and administrative remedies, and that appropriate remedies (including parallel criminal, civil, regulatory, contractual, and administrative proceedings) are pursued expeditiously; (B) ensure timely preparation and submission of suspension and debarment case files by appropriate agency officials; and (C) serve as a primary point of contact on behalf of the executive agency for the Board of Suspension and Debarment or the agency suspension and debarment office, as applicable, throughout the review of the referred cases. (3) Contractual or administrative remedies The guidance under subsection (a) shall require that, in appropriate cases of fraud or corruption related to procurement or grant activities affecting the agency, and with advance notice to all necessary officials, contractual or administrative remedies be taken before final resolution of any criminal or civil case. 8. Transfer, redesignation, and amendment of other provision of law relating to debarment and suspension (a) Transfer, redesignation, and amendment of section 2455 of Public Law 103–355 Section 2455 of Public Law 103–355 ( 31 U.S.C. 6101 note) is hereby— (1) transferred to the end of chapter 64 of title 31, United States Code, as inserted by section 2(a) of this Act and amended by preceding provisions of this Act; (2) redesignated as section 6404; and (3) amended— (A) in subsection (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) ) and inserting section 104 of title 41 ; and (B) in subsection (c)(3), by striking title 5, United States Code and inserting title 5 . (b) Clerical amendments (1) The heading of section 6404 of title 31, United States Code, as transferred by subsection (a), is amended to read as follows: 6404. Uniform suspension, debarment, or exclusion from procurement or nonprocurement activity . (2) The table of contents contained in section 2 of Public Law 103–355 is amended by striking the item relating to section 2455. (c) Conforming amendment Section 8902a(b)(5) of title 5, United States Code, is amended by striking section 2455 of the Federal Acquisition Streamlining Act of 1994 and inserting section 6404 of title 31 . 9. Definitions In this Act: (1) Executive agency The term executive agency has the meaning provided in section 133 of title 41, United States Code. (2) Relevant congressional committees The term relevant congressional committees means each of the following: (A) The Committee on Oversight and Government Reform of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate. 10. Authorization of appropriations There are authorized to be appropriated $2,000,000 for each of fiscal years 2015 through 2021— (1) to carry out the functions of the Board of Suspension and Debarment established under section 6401 of title 31, United States Code (as added by section 2), that are in addition to functions already carried out by personnel of the General Services Administration as of October 1, 2013; and (2) for implementation of the case management system required under section 4. 11. Effective date This Act, and the amendments made by this Act, shall take effect on October 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3345ih/xml/BILLS-113hr3345ih.xml |
113-hr-3346 | I 113th CONGRESS 1st Session H. R. 3346 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Lipinski (for himself, Mr. Aderholt , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 83 of title 41, United States Code, to increase the requirement for American-made content, to strengthen the waiver provisions, and for other purposes.
1. Short title This Act may be cited as the Buy American Improvement Act of 2013 . 2. Strengthening and simplifying Federal procurement policies (a) In general Not later than one year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in consultation with the Federal Acquisition Regulatory Council, shall promulgate regulations to standardize and simplify how Federal agencies comply with, report on, and enforce chapter 83 of title 41, United States Code (commonly known as the Buy American Act ). The regulations shall include, at a minimum, the following: (1) Guidelines for determining, for the purposes of applying sections 8302(a) and 8303(b)(3) of such title, the circumstances under which the acquisition of articles, materials, or supplies mined, produced, or manufactured in the United States is inconsistent with the public interest. (2) Uniform procedures for collecting, reporting, and making publicly available information about waivers under chapter 83 of such title, including— (A) procedures for making a request for a waiver publicly available before granting the waiver; and (B) procedures for providing the rationale for why a waiver is granted. (3) Rules to ensure that projects are not disaggregated for purposes of avoiding the applicability of the requirements under chapter 83 of such title to such larger project. (4) Procedures for investigating waiver requests. (5) Rules for evaluating the percentage of domestic content in a manufactured end product. (b) Guidelines relating to inconsistency with public interest In the guidelines developed under subsection (a)(1), the Administrator shall consider any significant decrease in employment in the United States resulting from the granting of waivers to be inconsistent with the public interest and seek to minimize— (1) the granting of waivers that would result in a decrease in employment in the United States in both the short- and long-term; and (2) the granting of waivers for procurement of articles, materials, or supplies mined, produced, or manufactured in a foreign country with which the United States does not have a relevant trade agreement and which has a government that maintains, in regard to government procurement, a significant and persistent pattern or practice of discrimination against products produced in the United States. (c) Procedures relating to the publication of requests for waivers In the procedures developed under subsection (a)(2)(A), the Administrator shall require the head of a Federal agency, after receiving a request for a waiver, to complete each of the following: (1) Publish the request for a waiver on a publicly available website of the agency in an easily identifiable location within 15 days after receiving such request. (2) A waiver may not be issued before the expiration of the 15-day period beginning on the date on which the request for waiver is published pursuant to paragraph (1) to provide the public an opportunity for notice and comment. (d) Procedures relating to the publication of waivers granted In the procedures developed under subsection (a)(2)(B), the Administrator shall require the head of a Federal agency to publish the determination for why a waiver was granted and the rationale for such determination in the Federal Register and on a publicly available website of the agency in an easily identifiable location not later than 30 days after the head of the agency determines to issue such waiver. (e) Rules relating to domestic content In the rules developed under subsection (a)(5), the Administrator shall not consider as domestic content components of foreign origin of the same class or kind as those that are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (f) Definitions In this section: (1) Federal agency The term Federal agency means any executive agency (as defined in section 133 of title 41, United States Code) or any establishment in the legislative or judicial branch of the Federal Government. (2) Relevant trade agreement The term relevant trade agreement means— (A) a reciprocal defense procurement memorandum of understanding, as described in section 8304 of title 41, United States Code; (B) any trade agreement for which the President, or his delegate, has issued a blanket waiver under section 301 of the Trade Agreements Act of 1979 ( 19 U.S.C. 2511 ); and (C) any trade agreement described in subpart 25.4 of the Federal Acquisition Regulation. (3) Waiver The term waiver means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of chapter 83 of title 41, United States Code, to the acquisition by reason of any of the following determinations: (A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest. (B) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable. (C) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. 3. Increasing transparency and accountability in Federal procurement Subsection (b) of section 8302 of title 41, United States Code, is amended to read as follows: (b) Reports (1) In general (A) Agency report Not later than 120 days after the end of each of fiscal years 2013 through 2018, the head of each Federal agency shall submit to the Administrator for Federal Procurement Policy a report on the amount of the acquisitions made by the agency in that fiscal year of articles, materials, or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States. A separate report is not required by a Federal agency under this subparagraph if such agency has already submitted the information required in such report for a fiscal year through the Federal Procurement Data System (as referred to in section 1122(a)(4)(A)) or another uniform comprehensive system prescribed by the Federal Acquisition Regulation. (B) Consolidated report Not later than 180 days after the end of each of fiscal years 2011 through 2016, the Administrator for Federal Procurement Policy, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a consolidated report that includes each report and any information submitted pursuant to subparagraph (A) and the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies purchased from entities that manufacture or produce the articles, materials, or supplies outside of the United States. (2) Contents of report The report required by paragraph (1)(A) shall separately include, for the fiscal year covered by the report— (A) the dollar value of any articles, materials, or supplies that were manufactured or produced outside the United States, in the aggregate and by country; (B) an itemized list of all waivers granted with respect to such articles, materials, or supplies under this chapter, and the country where such articles, materials, or supplies were manufactured or produced; (C) if any articles, materials, or supplies were acquired from entities that manufacture or produce articles, materials, or supplies outside the United States due to an exception (that is not the micro-purchase threshold exception described under subsection (a)(2)(C)), the specific exception that was used to purchase such articles, materials, or supplies; (D) if any articles, materials, or supplies were acquired from entities that manufacture or produce articles, materials, or supplies outside the United States pursuant to a relevant trade agreement, a citation to such agreement; and (E) a summary of— (i) the total procurement funds expended on articles, materials, and supplies manufactured or produced inside the United States; (ii) the total procurement funds expended on articles, materials, and supplies manufactured or produced outside the United States; and (iii) the total procurement funds expended on articles, materials, and supplies manufactured or produced outside the United States for each country that manufactured or produced such articles, materials, and supplies. (3) Public availability Not later than 180 days after the end of the relevant fiscal year, the Administrator for Federal Procurement Policy shall make the consolidated report described under paragraph (1)(B) publicly available on a website. (4) Exception for intelligence community This subsection shall not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 ( 50 U.S.C. 401a ). . 4. Strengthening the Buy American Act (a) Requirements for waivers Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: (c) Special rules The following rules apply in carrying out the provisions of subsection (a): (1) Calculation of domestic and non-domestic bids (A) Exclusion of start-up costs in calculating cost of bid When comparing bids between domestic entities and non-domestic entities, costs related to the start-up of a project shall be excluded from a domestic bid. (B) Unreasonable cost determination (i) In general The head of a Federal agency shall not determine the cost of acquiring articles, materials, or supplies produced or manufactured in the United States to be unreasonable under subsection (a) unless the acquisition of such articles, materials, or supplies would increase the cost of the overall project by more than 25 percent. (ii) Rule of construction Nothing in this subparagraph shall be construed as reducing the percentage increase required as of the date of the enactment of the Buy American Improvement Act of 2013 for a determination of unreasonable cost applicable to projects under Department of Defense contracts. (2) Use outside the united states (A) In general Subsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. (B) Cost analysis In any case in which the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). (3) Domestic availability The head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has determined that— (A) domestic production cannot be initiated without significantly delaying the project for which the article, material, or supply is to be procured; and (B) a substitutable article, material, or supply is not available in reasonable quantities and of satisfactory quality from a company in the United States. (4) Definitions In this subsection: (A) Exception The term exception means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of chapter 83 to the acquisition by reason of any of the following: (i) Use outside the United States (described in section 8302(a)(2)(A)). (ii) Procured under a contract with an award value that is not more than the micro-purchase threshold (described in section 8302(a)(2)(C)). (iii) Specifically excepted for information technology (as defined in section 11101 of title 40) that is a commercial item (as defined in section 103). (iv) A relevant trade agreement. (B) Waiver The term waiver means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of this chapter to the acquisition by reason of any of the following determinations: (i) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest. (ii) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable. (iii) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. . (b) Definitions; increasing domestic content requirement Section 8301 of title 41, United States Code, is amended— (1) by adding at the end the following new paragraphs: (3) Federal agency The term Federal agency means any executive agency (as defined in section 133) or any establishment in the legislative or judicial branch of the Federal Government. (4) Relevant trade agreement The term relevant trade agreement means— (A) a reciprocal defense procurement memorandum of understanding, as described in section 8304 of title 41, United States Code; (B) any trade agreement for which the President, or his delegate, has issued a blanket waiver under section 301 of the Trade Agreements Act of 1979 ( 19 U.S.C. 2511 ); and (C) any trade agreement described in subpart 25.4 of the Federal Acquisition Regulation. (5) Substantially all Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies. ; and (2) by reordering paragraphs (1) and (2) and the paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs and renumbering such paragraphs as so reordered. (c) Conforming amendments Title 41, United States Code, is amended— (1) in section 8302(a)(1), by striking department or independent establishment and inserting Federal agency ; and (2) in section 8303— (A) in subsection (b)— (i) in paragraph (2), by striking department or independent establishment and inserting Federal agency ; and (ii) in paragraph (3), by striking department or independent establishment and inserting Federal agency ; and (B) in subsection (c), by striking department, bureau, agency, or independent establishment and inserting Federal agency , each place it appears. (d) Inflation adjustment exclusion Section 1908(b)(2)(A) of title 41, United States Code, is amended by striking chapter 67 and inserting chapters 67 and 83 . 5. GAO report and recommendation Not later than one year after the date of the enactment of this Act, the Comptroller General shall report to Congress on the extent to which, in each of fiscal years 2009, 2010, 2011, 2012, and 2013, articles, materials, or supplies acquired by the Federal Government were manufactured, mined, or produced outside of the United States. Such report shall include for each Federal agency the following: (1) A summary of total procurement funds expended on articles, materials, and supplies manufactured— (A) inside the United States; (B) outside the United States; and (C) outside the United States— (i) under each type of waiver (as defined in section 2(f) of this Act); (ii) under each category of exception (as defined in section 8301 of title 41, United States Code, as added by section 4(b)(1) of this Act); and (iii) for each country that manufactured or produced such articles, materials, and supplies. (2) An analysis of the impact of eliminating the exception for acquisitions for information technology (as defined in section 11101 of title 40, United States Code) that is a commercial item (as defined in section 103 of title 41, United States Code). 6. United States Obligations under international agreements This Act, and the amendments made by this Act, shall be applied in a manner consistent with United States obligations under international agreements. | https://www.govinfo.gov/content/pkg/BILLS-113hr3346ih/xml/BILLS-113hr3346ih.xml |
113-hr-3347 | I 113th CONGRESS 1st Session H. R. 3347 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Rothfus introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Director of the Office of Management and Budget to report on the disaster assistance obligations of the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Disaster Assistance Transparency and Accountability Act of 2013 or the DATA Act of 2013 . 2. Disaster assistance reports (a) Disaster assistance spending report (1) Initial report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report that specifies— (A) for each of the 10 fiscal years most recently concluded before submission of the report, the amount obligated by the Federal Government for disaster assistance, including the amount obligated for disaster assistance— (i) by each Federal department or agency that made an obligation relating to disaster assistance; and (ii) under each relevant program, project, or activity of such department or agency; and (B) for the fiscal year in which the report is submitted, the amount projected to be obligated by the Federal Government for disaster assistance, including the amount projected to be obligated for disaster assistance— (i) by each Federal department or agency that has made or may make an obligation relating to disaster assistance; and (ii) under each relevant program, project, or activity of such department or agency. (2) Annual report Each year in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Director of the Office of Management and Budget shall submit to Congress a report that specifies— (A) for the fiscal year for which the budget is submitted, the amount projected to be obligated for disaster assistance by— (i) each Federal department or agency that may make an obligation relating to disaster assistance; and (ii) each relevant program, project, or activity of such department or agency; (B) for the fiscal year in which the budget is submitted, the amount projected to be obligated for disaster assistance by— (i) each Federal department or agency that has made or may make an obligation relating to disaster assistance; and (ii) each relevant program, project, or activity of such department or agency; (C) for the most-recently concluded fiscal year, the amount obligated for disaster assistance by— (i) each Federal department or agency that made an obligation relating to disaster assistance; and (ii) each relevant program, project, or activity of such department or agency; and (D) any corrections to reports previously submitted under this subsection. (b) Biennial report evaluating effectiveness of disaster assistance spending Not later than 180 days after the date on which the report under subsection (a)(1) is submitted, and every 2 years thereafter, the Comptroller General of the United States shall submit to the Committee on Appropriations and the Committee on the Budget of the House of Representatives and the Committee on Appropriations and the Committee on the Budget of the Senate a report that provides— (1) an evaluation of Federal disaster assistance spending, including the identification of areas of potential duplication, waste, fraud, or abuse; (2) recommendations on how Federal departments and agencies can improve transparency in and better account for disaster assistance spending to ensure that funds are spent in an effective and efficient manner; and (3) an evaluation of the effectiveness and equity of the current system of cost-sharing with respect to disaster assistance spending, including the system’s effectiveness in reducing the Federal cost of disaster assistance and promoting non-Federal investment in disaster recovery, mitigation, and preparedness. (c) Definitions In this section, the following definitions apply: (1) Disaster The term disaster means any natural, accidental, or manmade catastrophe in any part of the United States, including a territory or possession of the United States, which causes, or which may cause, substantial damage or injury, without regard to whether such catastrophe results in a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (2) Disaster assistance The term disaster assistance means any Federal activity, including the provision of financial assistance, carried out to assist a public or private entity affected by the occurrence of a disaster. | https://www.govinfo.gov/content/pkg/BILLS-113hr3347ih/xml/BILLS-113hr3347ih.xml |
113-hr-3348 | I 113th CONGRESS 1st Session H. R. 3348 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Barton (for himself, Mr. Gohmert , Mrs. Blackburn , Mr. Flores , Mr. Farenthold , Mr. Perry , Mr. Burgess , Mr. Harris , Mr. Roe of Tennessee , Mr. Weber of Texas , Mr. Barr , Mr. Scalise , and Mr. Fleming ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make the individual health insurance mandate voluntary in 2014, and for other purposes.
1. Short title This Act may be cited as the Obamacare Choice Act of 2013 . 2. To make the individual health insurance mandate voluntary in 2014 (a) In general Section 5000A(a) of the Internal Revenue Code of 1986 is amended by striking 2013 and inserting 2014 . (b) Conforming amendments (1) Section 5000A(c)(2)(B) of the Internal Revenue Code of 1986 is amended— (A) by striking 2014 in clause (i) and inserting 2015 , and (B) by striking 2015 in clauses (ii) and (iii) and inserting 2016 . (2) Section 5000A(c)(3)(B) of such Code is amended— (A) by striking 2014 and inserting 2015 , and (B) by striking 2015 (prior to amendment by subparagraph (A)) and inserting 2016 . (3) Section 5000A(c)(3)(D) of such Code is amended— (A) by striking 2016 and inserting 2017 , and (B) by striking 2015 and inserting 2016 . (4) Section 5000A(e)(1)(D) of such Code is amended— (A) by striking 2014 and inserting 2015 , and (B) by striking 2013 and inserting 2014 . (c) Effective date The amendments made by this section shall take effect as if included in section 1501 of the Patient Protection and Affordable Care Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3348ih/xml/BILLS-113hr3348ih.xml |
113-hr-3349 | I 113th CONGRESS 1st Session H. R. 3349 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Conyers (for himself, Mr. Watt , and Mr. Collins of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the permanent funding of the United States Patent and Trademark Office, and for other purposes.
1. Short title This Act may be cited as the Innovation Protection Act . 2. Patent and Trademark Office funding (a) Definitions In this section: (1) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Fund The term Fund means the United States Patent and Trademark Office Public Enterprise Revolving fund established under subsection (c). (3) Office The term Office means the United States Patent and Trademark Office. (4) Trademark Act of 1946 The term Trademark Act of 1946 means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 ( 15 U.S.C. 1051 et seq. ) (commonly referred to as the Trademark Act of 1946 or the Lanham Act ). (b) Funding (1) In general Section 42 of title 35, United States Code, is amended— (A) in subsection (b), by striking Patent and Trademark Office Appropriation Account and inserting United States Patent and Trademark Office Public Enterprise Fund ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the first sentence, by striking To the extent and all that follows through fees and inserting Fees ; and (II) by striking shall be collected by and shall, subject to paragraph (3), be available to the Director and inserting shall be collected by, and shall be available to, the Director until expended ; and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Effective date The amendments made by paragraph (1) shall take effect on the first day of the first fiscal year that begins on or after the date of the enactment of this Act. (c) USPTO revolving fund (1) Establishment There is established in the Treasury of the United States a revolving fund to be known as the United States Patent and Trademark Office Public Enterprise Fund . Any amounts in the Fund shall be available for use by the Director without fiscal year limitation. (2) Derivation of resources (A) In general There shall be deposited into the Fund on and after the effective date set forth in subsection (b)(2)— (i) any fees collected under title 35, United States Code; and (ii) any fees collected under the Trademark Act of 1946 ( 15 U.S.C. 1051 et seq. ). (B) Remaining balances There shall be deposited in the Fund, on the effective date set forth in subsection (b)(2), any unobligated balances remaining in the Patent and Trademark Office Appropriation Account, and in the Patent and Trademark Fee Reserve Fund established under section 42(b)(2) of title 31, United States Code, as in effect on the day before such effective date. Upon the payment of all obligated amounts in the Patent and Trademark Fee Reserve Fund, the Patent and Trademark Fee Reserve Fund shall be terminated. (3) Expenses Amounts deposited into the Fund under paragraph (2) shall be available, without fiscal year limitation, to cover— (A) all expenses, to the extent consistent with the limitation on the use of fees set forth in section 42(c) of title 35, United States Code, including all administrative and operating expenses, determined in the discretion of the Director to be ordinary and reasonable, incurred by the Director for the continued operation of all services, programs, activities, and duties of the Office relating to patents and trademarks, as such services, programs, activities, and duties are described under— (i) title 35, United States Code; and (ii) the Trademark Act of 1946; and (B) all expenses incurred pursuant to any obligation, representation, or other commitment of the Office. (d) Annual report and operation plan Not later than 60 days after the end of each fiscal year, the Director shall submit to Congress a report that— (1) summarizes the operations of the Office for the preceding fiscal year, including financial details and staff levels broken down by each major activity of the Office; (2) describes the long term modernization plans of the Office; (3) sets forth details of any progress towards such modernization plans made in the preceding fiscal year; and (4) includes the results of the most recent audit carried out under subsection (f). (e) Annual spending plan (1) In general Not later than 30 days after the beginning of each fiscal year, the Director shall notify the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate of the plan for the obligation and expenditure by the Office of the total amount of the funds for that fiscal year in accordance with section 605 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 ; 119 Stat. 2334). (2) Contents Each plan under paragraph (1) shall— (A) summarize the operations of the Office for the current fiscal year, including financial details and staff levels with respect to major activities; and (B) detail the operating plan of the Office, including specific expense and staff needs, for the current fiscal year. (f) Audit The Director shall, on an annual basis, provide for an independent audit of the financial statements of the Office. Such audit shall be conducted in accordance with generally accepted accounting principles. (g) Budget The Fund shall prepare and submit each year to the President a business-type budget in such manner, and before such date, as the President prescribes by regulation. | https://www.govinfo.gov/content/pkg/BILLS-113hr3349ih/xml/BILLS-113hr3349ih.xml |
113-hr-3350 | I 113th CONGRESS 1st Session H. R. 3350 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Upton (for himself, Mr. Hall , Mr. Burgess , Mr. Olson , Mrs. Blackburn , Mr. Harper , Mr. Rogers of Michigan , Mr. Cassidy , Mrs. McMorris Rodgers , Mr. Griffith of Virginia , Mr. Gardner , Mr. Walden , Mrs. Ellmers , Mr. Whitfield , Mr. Murphy of Pennsylvania , Mr. Long , Mr. Bilirakis , Mr. Lance , Mr. Scalise , Mr. Johnson of Ohio , Mr. Pitts , Mr. Guthrie , Mr. Barton , Mr. Gingrey of Georgia , Mr. Kinzinger of Illinois , Mr. Pompeo , Mr. Latta , Mr. Terry , Mr. McKinley , and Mr. Shimkus ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize health insurance issuers to continue to offer for sale current individual health insurance coverage in satisfaction of the minimum essential health insurance coverage requirement, and for other purposes.
1. Short title This Act may be cited as the Keep Your Health Plan Act of 2013 . 2. If you like your health care plan, you can keep it (a) In general Notwithstanding any provision of the Patient Protection and Affordable Care Act (including any amendment made by such Act or by the Health Care and Education Reconciliation Act of 2010), a health insurance issuer that has in effect health insurance coverage in the individual market as of January 1, 2013, may continue after such date to offer such coverage for sale during 2014 in such market outside of an Exchange established under section 1311 or 1321 of such Act ( 42 U.S.C. 18031 , 18041). (b) Treatment as grandfathered health plan in satisfaction of minimum essential coverage Health insurance coverage described in subsection (a) shall be treated as a grandfathered health plan for purposes of the amendment made by section 1501(b) of the Patient Protection and Affordable Care Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3350ih/xml/BILLS-113hr3350ih.xml |
113-hr-3351 | I 113th CONGRESS 1st Session H. R. 3351 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mrs. Beatty (for herself, Ms. Norton , and Ms. Clarke ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To assist survivors of stroke and other debilitating health occurrences in returning to work.
1. Short title This Act may be cited as the Return to Work Awareness Act of 2013 . 2. Assisting survivors of stroke and other debilitating health occurrences in returning to work The Secretary of Labor, acting through the Job Accommodation Network, may disseminate information and promote awareness among survivors of stroke and other debilitating health occurrences, such as traumatic brain injury and heart attack, and the families of such survivors, as well as among private employers, government agencies, employee representatives, and service providers to— (1) assist survivors of stroke and such other debilitating health occurrences in returning to work; (2) improve survivor’s employability and demonstrate to employers the most effective ways to capitalize on the value and talent that these survivors add to the workplace; and (3) enhance self-employment and entrepreneurship options for survivors. | https://www.govinfo.gov/content/pkg/BILLS-113hr3351ih/xml/BILLS-113hr3351ih.xml |
113-hr-3352 | I 113th CONGRESS 1st Session H. R. 3352 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Connolly (for himself and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Honoring the Families of Fallen Soldiers Act to provide a permanent appropriation of funds for the payment of death gratuities and related benefits for survivors of deceased military service members in event of any future period of lapsed appropriations.
1. Permanent appropriation of funds for payment of death gratuities and related benefits for survivors of deceased military service members in event of a period of lapsed appropriations (a) Appropriation The Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 (also known as the Honoring the Families of Fallen Soldiers Act; Public Law 113–44 ) is amended— (1) in the matter preceding section 101, by inserting after fiscal year 2014 the following: and subsequent fiscal years whenever there is a period of lapsed appropriations ; and (2) in section 101, by adding at the end the following new subsection: (c) (1) During any subsequent period of lapsed appropriations during a fiscal year, such amounts as may be necessary, at a rate for operations as provided for the most recent fiscal year for which an Act making appropriations for the Department of Defense has been enacted and under the authority and conditions provided in such Act, for Operation and Maintenance and Military Personnel accounts for the purpose of making the payments described in paragraphs (1) through (4) of subsection (a) during the period of lapsed appropriations. (2) In paragraph (1) and section 103, the term period of lapsed appropriations means any period of time after the start of a fiscal year for which interim (other than pursuant to subsection (a) or paragraph (1)) or full-year appropriations for the accounts referred to in paragraph (1) are not in effect. . (b) Duration Section 103 of the Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014 (also known as the Honoring the Families of Fallen Soldiers Act; Public Law 113–44 ) is amended to read as follows: 103. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available whenever there is a period of lapsed appropriations for the duration of the period of lapsed appropriations. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3352ih/xml/BILLS-113hr3352ih.xml |
113-hr-3353 | I 113th CONGRESS 1st Session H. R. 3353 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Conyers (for himself, Ms. Lee of California , Mr. Huffman , Mr. Ellison , Mr. Cartwright , Ms. Waters , Ms. Clarke , Ms. Shea-Porter , Mrs. Napolitano , Mr. Serrano , Ms. Pingree of Maine , Mr. Nadler , Mr. Capuano , Ms. Bordallo , Ms. Kuster , Mr. Takano , Mr. Connolly , Mr. Langevin , Mr. Holt , Mr. Pocan , Mr. Tierney , Ms. Brown of Florida , Mr. Rangel , Mr. Cleaver , Mr. Tonko , Mr. Cummings , Mr. Grijalva , Ms. DeLauro , Ms. Moore , Mr. Honda , Mr. Cohen , Mr. Carson of Indiana , Mr. Johnson of Georgia , Ms. Lofgren , Ms. Linda T. Sánchez of California , Ms. Fudge , Ms. Slaughter , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the American Recovery and Reinvestment Act of 2009 to extend the period during which supplemental nutrition assistance program benefits are temporarily increased.
1. Short title This Act may be cited as the Extend Not Cut SNAP Benefits Act . 2. Extension of temporary increase in supplemental nutrition assistance benefits Section 101(a) of title I of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 120) is amended— (1) in paragraph (1) by striking section 3(o) and inserting section 3(u) , and (2) in paragraph (2) by striking 2013 and inserting 2014 . 3. Effective date This Act and the amendments made by this Act shall take effect on September 30, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3353ih/xml/BILLS-113hr3353ih.xml |
113-hr-3354 | I 113th CONGRESS 1st Session H. R. 3354 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Engel (for himself and Mrs. Lowey ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require that spent nuclear fuel be stored in certified dry cask storage, and for other purposes.
1. Short title This Act may be cited as the Dry Cask Storage Act . 2. Dry cask spent nuclear fuel storage (a) Required designation The Nuclear Regulatory Commission shall establish a procedure to require designation of spent nuclear fuel contained in storage pools as qualified to be placed in dry cask storage when the fuel has cooled sufficiently to permit such storage method. (b) Fuel currently in pools As soon as practicable, but not later than 15 years after the date of enactment of this Act, all spent nuclear fuel that is contained in storage pools as of such date of enactment and qualified to be placed in dry cask storage shall be moved to dry casks certified by the Commission. (c) Disposition Except as provided in subsection (b), not later than 1 year after fuel is designated by the Commission pursuant to subsection (a) as qualified to be placed in dry cask storage— (1) such fuel shall be moved from storage pools and placed in certified dry casks; and (2) such casks shall, to the extent the Commission considers appropriate after conducting a cost-benefit analysis, be stored temporarily in hardened onsite storage facilities. (d) Costs of compliance The Secretary of Energy shall determine the costs required for compliance with subsection (b) or (c) by the owner of spent nuclear fuel, and shall reduce by that amount the amount due from that owner pursuant to section 302 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222 ). (e) Annual status reports The Nuclear Regulatory Commission shall require each facility storing spent nuclear fuel to submit to the Commission an annual report describing— (1) the total amount of spent fuel stored onsite, whether in storage pools, dry casks, hardened onsite storage facilities, or some other storage method; (2) how much of the fuel is stored using each method of storage; and (3) how much of the fuel has been moved from one storage method or location to another during the past year. (f) Regulations Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue regulations for carrying out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3354ih/xml/BILLS-113hr3354ih.xml |
113-hr-3355 | I 113th CONGRESS 1st Session H. R. 3355 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Guthrie introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Armed Services , Education and the Workforce , Natural Resources , House Administration , the Judiciary , Rules , Appropriations , Science, Space, and Technology , and 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 increase the competitiveness of American manufacturing by reducing regulatory and other burdens, encouraging greater innovation and investment, and developing a stronger workforce for the twenty-first century, and for other purposes.
1. Short title This Act may be cited as the Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 . 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; sense of the Congress. Title I—Investing in America’s workforce Sec. 101. Short title. Sec. 102. Industry-recognized and nationally portable credentials for job training programs. Sec. 103. Definitions. Sec. 104. Rule of construction. Sec. 105. Effective date. Title II—Research and Development Tax Credits Sec. 201. Extension of research credit; alternative simplified research credit increased and made permanent. Title III—Comprehensive Tax Reform Sec. 301. Comprehensive reform of United States tax laws; expedited consideration. Title IV—Federal oil and gas resources Subtitle A—Expanding offshore energy development Sec. 411. Outer Continental Shelf leasing program. Sec. 412. Domestic oil and natural gas production goal. Subtitle B—Coastal Plain of Alaska Sec. 421. Short title. Sec. 422. Definitions. Sec. 423. Leasing program for lands within the Coastal Plain. Sec. 424. Lease sales. Sec. 425. Grant of leases by the Secretary. Sec. 426. Lease terms and conditions. Sec. 427. Coastal Plain environmental protection. Sec. 428. Expedited judicial review. Sec. 429. Treatment of revenues. Sec. 430. Rights-of-way across the Coastal Plain. Sec. 431. Conveyance. Sec. 432. ANWR Alternative Energy Trust Fund. Title V—Energy Consumers Relief Sec. 501. Prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy. Sec. 502. Reports and determinations prior to promulgating as final certain energy-related rules. Sec. 503. Definitions. Sec. 504. Prohibition on use of social cost of carbon in analysis. Title VI—Repeal of the Health Care Law and Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010 Sec. 601. Short title. Sec. 602. Repeal of the health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010. Title VII—Cooperative Governing of Individual Health Insurance Coverage Sec. 701. Cooperative governing of individual health insurance coverage. Sec. 702. Severability. Title VIII—Renewal of trade promotion authority Sec. 801. Renewal of trade promotion authority. Title IX—Reform of export control policies Sec. 901. Sense of Congress on reform of export control policies. Title X—Efficient Use of Government Spectrum Sec. 1001. Short title. Sec. 1002. Reallocation and auction of 1755–1780 MHz band. 3. Findings; sense of the Congress (a) Findings The Congress finds the following: (1) Data indicate that manufacturing employees earn a higher average salary and receive greater benefits than workers in other industries. (2) Recent data also show that United States manufacturing companies cannot fill as many as 600,000 skilled positions, even as unemployment numbers hover at historically high levels. (3) Postsecondary success and workforce readiness can be achieved through attainment of recognized postsecondary credentials. (4) Data indicate that United States manufacturers invest a far greater percentage of revenue in research and development than other industries. (5) The United States has the highest corporate tax rate in the developed world. (6) A recent report indicates that United States manufacturers face a 20 percent structural cost burden compared to companies from the Nation’s 9 largest trading partners. (7) Excessive Federal regulations are placing a heavy burden on United States manufacturers. (8) According to a recent report, it is estimated that pending and recently finalized Environmental Protection Agency regulations alone could cost manufacturers over $100,000,000,000 per year in compliance, plus additional one-time costs of over $500,000,000. (9) Data indicate that regulatory costs could cut annual United States economic output by as much as $630,000,000,000, or 4.2 percent of Gross Domestic Product, resulting in a net loss of 9,000,000 jobs. (10) Expanded domestic resource development would further reduce energy costs, increasing United States manufacturers’ competitive advantage. (11) Data show that United States manufacturers have reduced energy usage and emissions to below the 1990 levels. (12) Reports indicate United States health care costs have increased over 80 percent in the past decade, creating greater personnel costs for manufacturers. (13) Data show that United States manufacturers are responsible for 47 percent of total United States exports. (14) A widening trade gap with major trade partners means that manufacturers are at risk of losing export market share. (b) Sense of the Congress It is the sense of the Congress that increasing the competitiveness of United States manufacturers will strengthen the national economy. I Investing in America’s workforce 101. Short title This title may be cited as the Investing in America’s Workforce Act . 102. Industry-recognized and nationally portable credentials for job training programs (a) Workforce Investment Act of 1998 (1) Youth activities Section 129(c)(1)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854(c)(1)(C) ) is amended— (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and (B) by inserting after clause (i) the following: (ii) training (which may include priority consideration for training programs that lead to recognized postsecondary credentials (as defined in section 104 of the Investing in America’s Workforce Act ) that are aligned with in-demand occupations or industries in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123); . (2) General employment and training activities Section 134(d)(4)(F) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4)(F) ) is amended by adding at the end the following: (iv) Programs that lead to an industry-recognized and nationally portable credential In assisting individuals in selecting programs of training services under this section, a one-stop operator and employees of a one-stop center referred to in subsection (c) may give priority consideration to programs (approved in conjunction with eligibility decisions made under section 122) that lead to recognized postsecondary credentials (as defined in section 103 of the Investing in America’s Workforce Act ) that are aligned with in-demand occupations or industries in the local area involved. . (3) Criteria (A) General employment and training activities Section 122(b)(2)(D) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842(b)(2)(D) ) is amended— (i) in clause (ii), by striking and at the end; (ii) in clause (iii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iv) in the case of a provider of a program of training services that leads to a recognized postsecondary credential (as defined in section 103 of the Investing in America’s Workforce Act ), that the program leading to the credential meets such quality criteria as the Governor shall establish. . (B) Youth activities Section 123 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2843 ) by inserting (including such quality criteria as the Governor shall establish for a training program that leads to a recognized postsecondary credential (as defined in section 103 of the Investing in America’s Workforce Act )) after plan . (b) Career and technical education (1) State plan Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2342(c)(1)(B) ) is amended— (A) by striking (B) how and inserting (B)(i) how ; (B) by inserting and after the semicolon; and (C) by adding at the end the following (ii) in the case of an eligible entity that, in developing and implementing programs of study leading to recognized postsecondary credentials, desires to give a priority to such programs that are aligned with in-demand occupations or industries in the area served (as determined by the eligible agency) and that may provide a basis for additional credentials, certificates, or degree, how the entity will do so; . (2) Use of local funds Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2354(b) ) is amended— (A) in paragraph (11), by striking ; and and inserting a semicolon; (B) in paragraph (12)(B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (13) describe the career and technical education activities supporting the attainment of recognized postsecondary credentials (as defined in section 103 of the Investing in America’s Workforce Act ), and, in the case of an eligible recipient that desires to provide priority consideration to certain programs of study in accordance with the State plan under section 122(c)(1)(B), how the eligible recipient will give priority consideration to such activities. . (3) Tech-prep programs Section 203(c)(2)(E) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2373(c)(2)(E) ) is amended by striking industry-recognized credential, a certificate, and inserting recognized postsecondary credential (as defined in section 103 of the Investing in America’s Workforce Act and approved by the eligible agency), . (c) Training programs under TAA Section 236(a) of the Trade Act of 1974 ( 19 U.S.C. 2296(a) ) is amended by adding at the end the following: (12) In approving training programs for adversely affected workers and adversely affected incumbent workers under paragraph (1), the Secretary may give priority consideration to workers seeking training through programs that are approved in conjunction with eligibility decisions made under section 122 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842 ), and that lead to recognized postsecondary credentials (as defined in section 103 of the Investing in America’s Workforce Act ) that are aligned with in-demand occupations or industries in the local area (defined for purposes of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. )) involved. . 103. Definitions In this title: (1) Industry-recognized The term industry-recognized , used with respect to a credential, means a credential that— (A) is sought or accepted by employers within the industry sector involved as recognized, preferred, or required for recruitment, screening, hiring, or advancement; and (B) is a nationally portable credential, meaning a credential that is sought or accepted across multiple States, as described in subparagraph (A). (2) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized credential for postsecondary training, a certificate that meets the requirements of subparagraphs (A) and (C) of paragraph (1) for postsecondary training, a certificate of completion of a postsecondary apprenticeship through a program described in section 122(a)(2)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842(a)(2)(B) ), or an associate degree or baccalaureate degree awarded by an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). 104. Rule of construction Nothing in this title shall be construed to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a recognized postsecondary credential or certificate as defined by this title. 105. Effective date This title, and the amendments made by this title, take effect 120 days after the date of enactment of this Act. II Research and Development Tax Credits 201. Extension of research credit; alternative simplified research credit increased and made permanent (a) Extension of credit (1) In general Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (2) Conforming amendment Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking December 31, 2013 and inserting December 31, 2014 . (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. (b) Alternative simplified research credit increased and made permanent (1) Increased credit Subparagraph (A) of section 41(c)(5) of such Code (relating to election of alternative simplified credit) is amended by striking 14 percent (12 percent in the case of taxable years ending before January 1, 2009) and inserting 20 percent . (2) Credit made permanent (A) In general Subsection (h) of section 41 of such Code is amended by redesignating the paragraph (2) relating to computation of taxable year in which credit terminates as paragraph (4) and by inserting before such paragraph the following new paragraph: (3) Termination not to apply to alternative simplified credit Paragraph (1) shall not apply to the credit determined under subsection (c)(5). . (B) Conforming amendment Paragraph (4) of section 41(h) of such Code, as redesignated by subparagraph (A), is amended to read as follows: (4) Computation for taxable year in which credit terminates In the case of any taxable year with respect to which this section applies to a number of days which is less than the total number of days in such taxable year, the amount determined under subsection (c)(1)(B) with respect to such taxable year shall be the amount which bears the same ratio to such amount (determined without regard to this paragraph) as the number of days in such taxable year to which this section applies bears to the total number of days in such taxable year. . (3) Effective date The amendments made by this subsection shall apply to taxable years ending after December 31, 2012. III Comprehensive Tax Reform 301. Comprehensive reform of United States tax laws; expedited consideration (a) Definition For purposes of this section, the term tax reform bill means a bill of the 113th Congress— (1) introduced in the House of Representatives by the chair of the Committee on Ways and Means not later than the end of the 113th Congress the title of which is as follows: A bill to provide for comprehensive tax reform. ; and (2) which is the subject of a certification under subsection (b) . (b) Certification The chair of the Joint Committee on Taxation shall notify the House and Senate in writing whenever the chair of the Joint Committee determines that an introduced bill described in subsection (a)(1) contains at least each of the following proposals: (1) A transition to a more globally competitive corporate tax code for United States businesses. (2) A reduction in the complexity of the tax code. (3) The elimination of special interest loopholes. (c) Expedited consideration in the House of Representatives (1) Any committee of the House of Representatives to which the tax reform bill is referred shall report it to the House not later than 20 calendar days after the date of its introduction. If a committee fails to report the tax reform bill within that period, such committee shall be automatically discharged from further consideration of the bill. (2) If the House has not otherwise proceeded to the consideration of the tax reform bill upon the expiration of 15 legislative days after the bill has been placed on the Union Calendar, it shall be in order for the Majority Leader or a designee (or, after the expiration of an additional 2 legislative days, any Member), to offer one motion that the House resolve into the Committee of the Whole House on the state of the Union for the consideration of the tax reform bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, consideration shall proceed in accordance with paragraph (3) . A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed 4 hours, equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. At the conclusion of general debate, the bill shall be read for amendment under the five-minute rule. Any committee amendment shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. A motion to reconsider the vote on passage of the bill shall not be in order. (d) Expedited Consideration in the Senate (1) Committee consideration A tax reform bill, as defined in subsection (a) , received in the Senate shall be referred to the Committee on Finance. The Committee shall report the bill not later than 15 calendar days after receipt of the bill in the Senate. If the Committee fails to report the bill within that period, that committee shall be discharged from consideration of the bill, and the bill shall be placed on the calendar. (2) Motion to proceed Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which the tax reform bill is reported or discharged from committee, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the tax reform bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the tax reform bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the tax reform bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. (3) Consideration No motion to recommit shall be in order and debate on any motion or appeal shall be limited to one hour, to be divided in the usual form. (4) Amendments All amendments must be relevant to the bill and debate on any amendment shall be limited to 2 hours to be equally divided in the usual form between the opponents and proponents of the amendment. Debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour to be equally divided in the usual form between the opponents and proponents of the amendment. (5) Vote on passage If the Senate has proceeded to the bill, and following the conclusion of all debate, the Senate shall proceed to a vote on passage of the bill as amended, if amended. (e) Conference in the House If the House receives a message that the Senate has passed the tax reform bill with an amendment or amendments, it shall be in order for the chair of the Committee on Ways and Means or a designee, without intervention of any point of order, to offer any motion specified in clause 1 of rule XXII. (f) Conference in the Senate If the Senate receives from the House a message to accompany the tax reform bill, as defined in subsection (a) , then no later than two session days after its receipt— (1) the Chair shall lay the message before the Senate; (2) the motion to insist on the Senate amendment or disagree to the House amendment or amendments to the Senate amendment, the request for a conference with the House or the motion to agree to the request of the House for a conference, and the motion to authorize the Chair to appoint conferees on the part of the Senate shall be agreed to; and (3) the Chair shall then be authorized to appoint conferees on the part of the Senate without intervening motion, with a ratio agreed to with the concurrence of both leaders. (g) Rulemaking This section is enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and Senate, respectively, and as such is deemed a part of the rules of each House, respectively, or of that House to which they specifically apply, and such procedures supersede other rules only to the extent that they are inconsistent with such rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. IV Federal oil and gas resources A Expanding offshore energy development 411. Outer Continental Shelf leasing program (a) In general Section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) is amended by adding at the end the following: (5) (A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including— (i) at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area; and (ii) any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. (B) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. (6) (A) In each 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that— (i) are estimated to contain more than 2,500,000,000 barrels of oil; or (ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. (B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006 . . (b) Relationship to existing plan The amendments made by subsection (a) shall not affect the 2012–2017 5-year oil and gas leasing program. 412. Domestic oil and natural gas production goal (a) In general Section 18(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(b) ) is amended to read as follows: (b) Domestic oil and natural gas production goal – (1) In general In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be— (A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; (B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and (C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. (2) Program goal For purposes of each 5-year oil and gas leasing program that applies before 2027, the production goal referred to in paragraph (1) shall be an increase by 2027, from the levels of oil and gas produced as of the date of enactment of this paragraph, of— (A) no less than 3,000,000 barrels in the amount of oil produced per day; and (B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. (3) Reporting The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal. . (b) Relationship to existing plan The amendment made by subsection (a) shall not affect the 2012–2017 5-year oil and gas leasing program. B Coastal Plain of Alaska 421. Short title This subtitle may be cited as the American Energy Independence and Price Reduction Act . 422. Definitions In this subtitle: (1) Coastal plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 423. Leasing program for lands within the Coastal Plain (a) In General The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3143 ) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (c) Compliance With Requirements Under Certain Other Laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the department of the interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale. (3) Compliance with nepa for other actions Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within 18 months after the date of enactment of this subtitle. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. (d) Relationship to State and Local Authority Nothing in this subtitle shall be considered to expand or limit State and local regulatory authority. (e) Special Areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area. (f) Limitation on Closed Areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this subtitle. (g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this subtitle. (2) Revision of regulations The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention. 424. Lease sales (a) In General Lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease Sale Bids (1) In general Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids, except as provided in paragraph (2). (2) Lease sale bids Lease sales under this subtitle may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Acreage Minimum in First Sale In the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of Lease Sales The Secretary shall— (1) conduct the first lease sale under this subtitle within 22 months after the date of the enactment of this subtitle; (2) evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and (3) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales. 425. Grant of leases by the Secretary (a) In General The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 424 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary. (b) Subsequent Transfers No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. 426. Lease terms and conditions (a) In General An oil or gas lease issued pursuant to this subtitle shall— (1) provide for the payment of a royalty of not less than 12 ½ percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 423(a)(2); (7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State; (8) prohibit the export of oil produced under the lease; and (9) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle. (b) Project Labor Agreements The Secretary, as a term and condition of each lease under this subtitle and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this subtitle and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. 427. Coastal Plain environmental protection (a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities The Secretary shall, consistent with the requirements of section 423, administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-Specific Assessment and Mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment Before implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle. (d) Compliance With Federal and State Environmental Laws and Other Requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration. (3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States. (f) Facility Consolidation Planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to Public Lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. 428. Expedited judicial review (a) Filing of Complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle shall be filed— (A) except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or (B) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on Other Review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. 429. Treatment of revenues Notwithstanding any other provision of law, 50 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle shall be deposited in the ANWR Alternative Energy Trust Fund established by section 432. 430. Rights-of-way across the Coastal Plain (a) In General The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and Conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 423(g) provisions granting rights-of-way and easements described in subsection (a) of this section. 431. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. 432. ANWR Alternative Energy Trust Fund (a) Establishment of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the ANWR Alternative Energy Trust Fund , consisting of such amounts as may be transferred to the ANWR Alternative Energy Trust Fund as provided in section 429. (b) Expenditures From ANWR Alternative Energy Trust Fund (1) In general Amounts in the ANWR Alternative Energy Trust Fund shall be available without further appropriation to carry out specified provisions of the Energy Policy Act of 2005 ( Public Law 109–58 ; in this section referred to as EPAct2005 ) and the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; in this section referred to as EISAct2007 ), as follows: To carry out the provisions of: The following percentage of annual receipts to the ANWR Alternative Energy Trust Fund, but not to exceed the limit on amount authorized, if any: EPAct2005: Section 210 1.5 percent Section 242 1.0 percent Section 369 2.0 percent Section 401 6.0 percent Section 812 6.0 percent Section 931 19.0 percent Section 942 1.5 percent Section 962 3.0 percent Section 968 1.5 percent Section 1704 6.0 percent EISAct2007: Section 207 15.0 percent Section 607 1.5 percent Title VI, Subtitle B 3.0 percent Title VI, Subtitle C 1.5 percent Section 641 9.0 percent Title VII, Subtitle A 15.0 percent Section 1112 1.5 percent Section 1304 6.0 percent. (2) Apportionment of excess amount Notwithstanding paragraph (1), any amounts allocated under paragraph (1) that are in excess of the amounts authorized in the applicable cited section or subtitle of EPAct2005 and EISAct2007 shall be reallocated to the remaining sections and subtitles cited in paragraph (1), up to the amounts otherwise authorized by law to carry out such sections and subtitles, in proportion to the amounts authorized by law to be appropriated for such other sections and subtitles. V Energy Consumers Relief 501. Prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not promulgate as final an energy-related rule that is estimated to cost more than $1 billion if the Secretary of Energy determines under section 502(3) that the rule will cause significant adverse effects to the economy. 502. Reports and determinations prior to promulgating as final certain energy-related rules Before promulgating as final any energy-related rule that is estimated to cost more than $1 billion: (1) Report to Congress The Administrator of the Environmental Protection Agency shall submit to Congress a report (and transmit a copy to the Secretary of Energy) containing— (A) a copy of the rule; (B) a concise general statement relating to the rule; (C) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (D) (i) an estimate of the total benefits of the rule and when such benefits are expected to be realized; (ii) a description of the modeling, the calculations, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and (iii) a certification that all data and documents relied upon by the Agency in developing such estimates— (I) have been preserved; and (II) are available for review by the public on the Agency’s Web site, except to the extent to which publication of such data and documents would constitute disclosure of confidential information in violation of applicable Federal law; (E) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (F) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (2) Initial determination on increases and impacts The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause— (A) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (B) any impact on fuel diversity of the Nation’s electricity generation portfolio or on national, regional, or local electric reliability; (C) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (D) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (3) Subsequent determination on adverse effects to the economy If the Secretary of Energy determines, under paragraph (2), that the rule will cause an increase, impact, or effect described in such paragraph, then the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall— (A) determine whether the rule will cause significant adverse effects to the economy, taking into consideration— (i) the costs and benefits of the rule and limitations in calculating such costs and benefits due to uncertainty, speculation, or lack of information; and (ii) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (B) publish the results of such determination in the Federal Register. 503. Definitions In this title: (1) The terms direct costs and indirect costs have the meanings given such terms in chapter 8 of the Environmental Protection Agency’s Guidelines for Preparing Economic Analyses dated December 17, 2010. (2) The term energy-related rule that is estimated to cost more than $1 billion means a rule of the Environmental Protection Agency that— (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and (B) is estimated by the Administrator of the Environmental Protection Agency or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (3) The term rule has the meaning given to such term in section 551 of title 5, United States Code. 504. Prohibition on use of social cost of carbon in analysis (a) In general Notwithstanding any other provision of law or any Executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1 billion unless and until a Federal law is enacted authorizing such use. (b) Definition In this section, the term social cost of carbon means the social cost of carbon as described in the technical support document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. VI Repeal of the Health Care Law and Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010 601. Short title This title may be cited as the Repealing the Health Care Law Act . 602. Repeal of the health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010 (a) Health care law Effective as of the enactment of Public Law 111–148 , such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health care-Related provisions in the Health Care and Education Reconciliation Act of 2010 Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted. VII Cooperative Governing of Individual Health Insurance Coverage 701. Cooperative governing of individual health insurance coverage (a) In General Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following new part: D Cooperative Governing of Individual Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. (2) Secondary state The term secondary State means, with respect to individual health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. (4) Individual health insurance coverage The term individual health insurance coverage means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). (5) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. (6) Hazardous financial condition The term hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (7) Covered laws (A) In general The term covered laws means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— (i) individual health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; (iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual health insurance coverage of management, operations, and investment activities of a health insurance issuer; and (v) the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. (B) Exception Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. (8) State The term State means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (9) Unfair claims settlement practices The term unfair claims settlement practices means only the following practices: (A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. (B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. (C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. (D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. (E) Refusing to pay claims without conducting a reasonable investigation. (F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. (G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. (H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. (I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. (J) Failing to provide forms necessary to present claims within 15 calendar days of a request 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 the primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: Notice This policy is issued by _____ and is governed by the laws and regulations of the State of _____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. . (d) Prohibition on Certain Reclassifications and Premium Increases (1) In general For purposes of this section, a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— (A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual; or (B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. (2) Construction Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— (A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; (B) from raising premium rates for all policy holders within a class based on claims experience; (C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— (i) are disclosed to the consumer in the insurance contract; (ii) are based on specific wellness activities that are not applicable to all individuals; and (iii) are not obtainable by all individuals to whom coverage is offered; (D) from reinstating lapsed coverage; or (E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (e) Prior Offering of Policy in Primary State A health insurance issuer may not offer for sale individual health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. (f) Licensing of Agents or Brokers for Health Insurance Issuers Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (g) Documents for Submission to State Insurance Commissioner Each health insurance issuer issuing individual health insurance coverage in both primary and secondary States shall submit— (1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual health insurance coverage in such State— (A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); (B) written notice of any change in its designation of its primary State; and (C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and (2) to the insurance commissioner of each secondary State in which it offers individual health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— (A) a member of the American Academy of Actuaries; or (B) a qualified loss reserve specialist. (h) Power of Courts To Enjoin Conduct Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— (1) the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). (i) Power of Secondary States To Take Administrative Action Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). (j) State Powers To Enforce State Laws (1) In general Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). (2) Courts of competent jurisdiction If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. (k) States’ Authority To Sue Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. (l) Generally Applicable Laws Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. 2797. Primary State must meet Federal floor before issuer may sell into secondary States A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. 2798. Independent external appeals procedures (a) Right to External Appeal A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State under the provisions of this title unless— (1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage, or (2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the Health Carrier External Review Model Act of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. (b) Qualifications of Independent Medical Reviewers In the case of any independent review mechanism referred to in subsection (a)(2)— (1) In general In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— (A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); (B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and (C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). (2) Licensure and expertise Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— (A) is appropriately credentialed or licensed in one 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 pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). 702. Severability If any provision of this title or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any other person or circumstance shall not be affected. VIII Renewal of trade promotion authority 801. Renewal of trade promotion authority (a) In general Section 2103 of the Bipartisan Trade Promotion Authority Act of 2002 ( 19 U.S.C. 3803 ) is amended— (1) in subsection (a)(1), by striking subparagraph (A) and inserting the following: (A) may enter into trade agreements with foreign countries— (i) on and after the date of the enactment of the Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 and before July 1, 2018; or (ii) on and after July 1, 2018, and before July 1, 2020, if trade authorities procedures are extended under subsection (c); and ; (2) in subsection (b)(1), by striking subparagraph (C) and inserting the following: (C) The President may enter into a trade agreement under this paragraph— (i) on and after the date of the enactment of the Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 and before July 1, 2018; or (ii) on and after July 1, 2018, and before July 1, 2020, if trade authorities procedures are extended under subsection (c). ; and (3) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by striking before July 1, 2005 and inserting on and after the date of the enactment of the Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 and before July 1, 2018 ; and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking after June 30, 2005, and before July 1, 2007 and inserting on or after July 1, 2018, and before July 1, 2020 ; and (II) in clause (ii), by striking July 1, 2005 and inserting July 1, 2018 ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking April 1, 2005 and inserting April 1, 2018 ; (C) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by striking June 1, 2005 and inserting June 1, 2018 ; and (ii) in subparagraph (B)— (I) by striking June 1, 2005 and inserting June 1, 2018 ; and (II) by striking the date of enactment of this Act and inserting the date of the enactment of the Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 ; and (D) in paragraph (5), by striking June 30, 2005 each place it appears and inserting June 30, 2018 . (b) Treatment of certain trade agreements for which negotiations have already begun Section 2106(a) of the Bipartisan Trade Promotion Authority Act of 2002 ( 19 U.S.C. 3806(a) ) is amended by striking applies— and all that follows through the end period and inserting applies results from negotiations that were commenced before the date of the enactment of the Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 , subsection (b) shall apply. . IX Reform of export control policies 901. Sense of Congress on reform of export control policies (a) Findings Congress finds the following: (1) The United States would benefit from predictable, efficient, and transparent export control policies. (2) Such export control policies should focus on the mutually reinforcing goals of— (A) adequate national security; and (B) increased global competitiveness and job growth. (b) Sense of congress It is the sense of Congress that the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), has become obsolete and should be reformed and reauthorized. X Efficient Use of Government Spectrum 1001. Short title This title may be cited as the Efficient Use of Government Spectrum Act of 2013 . 1002. Reallocation and auction of 1755–1780 MHz band (a) In general Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), not later than 3 years after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 ( Public Law 112–96 ), the Commission shall— (1) reallocate the electromagnetic spectrum described in subsection (d) for commercial use; and (2) as part of the system of competitive bidding required by section 6401(b)(1)(B) of such Act ( 47 U.S.C. 1451(b)(1)(B) ), grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between the frequencies from 2155 megahertz to 2180 megahertz, inclusive. (b) Auction proceeds For purposes of depositing the proceeds from the competitive bidding described in subsection (a)(2) that are attributable to the electromagnetic spectrum described in subsection (d), such spectrum shall be treated as spectrum that is required to be auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1451(b)(1)(B) ). (c) Relocation of and sharing by Federal Government stations (1) Relocation prioritized over sharing (A) In general Except as provided in paragraph (2), all Federal Government stations in the electromagnetic spectrum described in subsection (d) shall be relocated to other frequencies under the procedures implemented pursuant to section 113(g)(6) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(6) ). Such relocation procedures shall ensure maximum cooperation and coordination between the affected Federal and commercial entities. (B) Department of Defense stations Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 113 Stat. 768) shall apply to the relocation of stations operated by the Department of Defense in the electromagnetic spectrum described in subsection (d). (2) Sharing where relocation not possible (A) Identification of stations If a Federal entity that operates a Federal Government station in the electromagnetic spectrum described in subsection (d) determines, based on an operational impact assessment, that such station cannot be relocated from such spectrum without jeopardizing essential military capability, such entity shall identify such station in the transition plan of such entity required, by section 113(h)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(h)(1) ), to be submitted not later than 240 days before the commencement of the competitive bidding described in subsection (a)(2). (B) Required elements of transition plan Each transition plan in which a station is identified pursuant to subparagraph (A) shall provide for non-Federal users to share with such station the electromagnetic spectrum described in subsection (d). Where exclusion zones are necessary to avoid jeopardizing essential military capability, such plan shall provide for the smallest possible zones necessary for such purpose. (3) Withdrawal or modification of assignments (A) Withdrawal Upon relocation of a Federal Government station pursuant to paragraph (1), the President shall withdraw the assignment to such station of the electromagnetic spectrum described in subsection (d). (B) Modification For each Federal Government station identified in a transition plan pursuant to paragraph (2)(A), the President shall modify the assignment to such station of the electromagnetic spectrum described in subsection (d) to permit shared Federal and non-Federal use. (d) Spectrum described The electromagnetic spectrum described in this subsection is the spectrum between the frequencies from 1755 megahertz to 1780 megahertz, inclusive. (e) Commission defined In this section, the term Commission means the Federal Communications Commission. | https://www.govinfo.gov/content/pkg/BILLS-113hr3355ih/xml/BILLS-113hr3355ih.xml |
113-hr-3356 | I 113th CONGRESS 1st Session H. R. 3356 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Harris introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to apply the prohibition against the conversion of contributions to personal use to contributions to political committees, to clarify that contributions accepted by political committees may be used for authorized expenditures in connection with their political activities and for other lawful purposes, and for other purposes.
1. Short title This Act may be cited as the Clean Campaign Contributions Act of 2013 . 2. Clarification of rules applicable to uses of contributions accepted by political committees (a) Prohibiting Conversion to Personal Use Section 313(b)(2) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a(b)(2) ) is amended by striking the candidate’s election campaign or individual’s duties as a holder of Federal office, and inserting the following: the candidate’s election campaign, the individual’s duties as a holder of Federal office, or the political committee’s political activities (as the case may be), . (b) Clarification that Contributions May be Used for Authorized Expenditures in Connection With Political Activities and for Other Lawful Purposes (1) In general Section 313(a) of such Act ( 2 U.S.C. 439a(a) ) is amended— (A) in the matter preceding paragraph (1), by striking accepted by a candidate and inserting accepted by a candidate or a political committee ; (B) in the matter preceding paragraph (1), by striking used by the candidate or individual and inserting used by the candidate, individual, or political committee ; and (C) in paragraph (1), by striking the semicolon at the end and inserting the following: , or, in the case of a political committee, in connection with the committee’s political activities; . (2) Conforming amendments Section 313(a) of such Act ( 2 U.S.C. 439a(a) ) is amended— (A) in paragraph (2), by striking for ordinary and necessary expenses and inserting in the case of a candidate or individual, for ordinary and necessary expenses ; (B) in paragraph (3), by striking for contributions and inserting in the case of a candidate or individual, for contributions ; (C) in paragraph (4), by striking for transfers and inserting in the case of a candidate or individual, for transfers ; and (D) in paragraph (5), by striking for donations and inserting in the case of a candidate or individual, for donations . (c) Effective Date The amendments made by this section shall apply with respect to elections occurring after December 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3356ih/xml/BILLS-113hr3356ih.xml |
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