Datasets:

hyperdemocracy

/

usc-llm-text

like 0

Follow

hyperdemocracy 3

113-hr-3357

I 113th CONGRESS 1st Session H. R. 3357 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Ms. Meng (for herself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to make grants to States to improve the knowledge, credentials, compensation, and professional development of early childhood educators working with children in early childhood education programs. 1. Short title This Act may be cited as the Early Childhood Education Professional Improvement Act of 2013 . 2. Purpose The purpose of this Act is to provide assistance to States to improve the knowledge, credentials, compensation, and professional development of early childhood educators working with children in early childhood education programs. 3. Definitions In this Act: (1) The term early childhood education program means a Head Start Program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ), a State-funded prekindergarten program, a licensed child care serving prekindergarten children, and special education preschool. (2) 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) ). 4. Program authorized The Secretary of Education, in consultation with the Secretary of Health and Human Services, is authorized to award grants to States to implement and administer the activities described in section 6. 5. Applications (a) In general Each State desiring a grant under this Act shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents Each application submitted under subsection (a) shall include a description of the State’s comprehensive early childhood professional development system, including the following: (1) A description of how the State’s system was developed in collaboration with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, the State agency responsible for administering childcare, the State Head Start collaboration director, the State educational agency, institutions of higher education, organizations that represent early childhood educators, and credible early childhood education professional organizations. (2) A designation of a State agency to administer the grant program. (3) A description of how the State’s system provides— (A) an oversight structure for the system; (B) professional standards and competencies; (C) a career lattice; (D) coordination with State higher education agencies, higher education accrediting bodies, and accredited two- and four-year institutions of higher education; (E) encouragement of articulation agreements between two- and four-year institutions of higher education and credit-bearing opportunities and articulation agreements that recognize prior learning and expertise; (F) more accessible higher education for working learners through offering of college courses at accessible time and locations, with particular attention to rural areas; (G) support to adult learners who are dual language learners, or come from low-income or minority communities; (H) use of workforce data to assess the State’s workforce needs; and (I) its financing over time. 6. State use of funds A State that receives a grant under this Act shall ensure that grant funds are used to carry out the following: (1) To provide scholarships to cover the costs of tuition, fees, materials, transportation, paid substitutes, and release time for preschool teachers employed in an early childhood education program to pursue a bachelor’s degree in early childhood education or a closely related field. (2) To support preschool teachers employed in an early childhood education program, and who have obtained a bachelor’s degree in a field other than early childhood education or a closely related field, to attain a credential, licensure, or endorsement that demonstrates competence in early childhood education. (3) To increase compensation for teachers who are enrolled and making progress toward a degree in early childhood education and to provide parity of compensation upon completion of such degree and retention in the early childhood education program. (4) To provide ongoing professional development opportunities to preschool teachers and teacher assistants employed in an early childhood education program that address— (A) all areas of child development and learning (cognitive, social, emotional, and physical); (B) teacher-child interaction; (C) family engagement; and (D) cultural competence for working with a diversity of children (including children with special needs and dual language learners) and families. 7. Supplement not supplant Grant funds provided under this Act shall supplement, and not supplant, other Federal, State, and local funds that are available for early childhood educator preparation and professional development. 8. Maintenance of effort A State that receives funds under this Act for a fiscal year shall maintain the fiscal effort provided by the State for the activities supported by the funds under this Act at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr3357ih/xml/BILLS-113hr3357ih.xml

113-hr-3358

I 113th CONGRESS 1st Session H. R. 3358 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Messer 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 provide for an exemption from the individual mandate under the Patient Protection and Affordable Care Act for individuals residing in States in which the Exchange Websites are not fully functional, and for other purposes. 1. Short title This Act may be cited as the Fairness for Individuals Using Exchange Websites Act of 2013 . 2. Exemption from ACA individual mandate for individuals residing in States with an Exchange for which the Website has not received a certification of functionality (a) HHS certification The Inspector General of the Department of Health and Human Services shall certify the Website of an Exchange established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) once such Website is determined, based on the criteria specified under subsection (b), to be fully functional for the purpose of enrolling through such Exchange in qualified health plans (as defined in section 1301(a) of such Act ( 42 U.S.C. 18021(a) )). (b) Criteria Not later than 30 days after the date of the enactment of this Act, the Comptroller General of the United States shall specify criteria for determining whether the Website of an Exchange described in subsection (a) is fully functional for the purpose described in such subsection. (c) Special enrollment period following date of certification Section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) is amended— (1) in subparagraph (C), by striking at the end and ; (2) in subparagraph (D), by striking the period and inserting ; and ; and (3) by adding at the end the following new subparagraph: (E) in the case of an Exchange for which the Website is certified under section 2(a) of the Fairness for Individuals Using Exchange Websites Act of 2013 after December 31, 2013, a special enrollment period of at least 3 months beginning after the date of such certification. . (d) Exemption from ACA individual mandate Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Individuals unable to enroll in a health plan online (A) Individuals residing in States with uncertified Exchange Websites Any applicable individual for any month during which the individual resides in a State for which the Exchange Website is not certified under section 2(a) of the Fairness for Individuals Using Exchange Websites Act of 2013. (B) Individuals residing in States with Exchange Websites certified after December 31, 2013 In the case of an Exchange for a State with respect to which the Website is certified under section 2(a) of the Fairness for Individuals Using Exchange Websites Act of 2013 after December 31, 2013, any applicable individual for any month— (i) beginning before the last day of the special enrollment period provided by such Exchange pursuant to section 1311(c)(6)(E) of the Patient Protection and Affordable Care Act; and (ii) during which the individual resides in such State. . (e) Effective date The amendments made by— (1) subsection (c) shall take effect as if included in the enactment of section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ); and (2) subsection (d) shall take effect as if included in the amendments made by section 1501 of such Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3358ih/xml/BILLS-113hr3358ih.xml

113-hr-3359

I 113th CONGRESS 1st Session H. R. 3359 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Radel (for himself, Mr. Cook , Mr. Gohmert , Mr. McKinley , Mr. Messer , Mr. Collins of New York , Mr. Simpson , Mr. Westmoreland , Mr. Rodney Davis of Illinois , Mr. Chabot , Mr. Neugebauer , Mr. Diaz-Balart , Mr. Bishop of Utah , Mr. Jones , Mr. Rokita , Ms. Ros-Lehtinen , and Mr. Garrett ) 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 provide for a delay of the individual mandate under the Patient Protection and Affordable Care Act until the American Health Benefit Exchanges are functioning properly. 1. Short title This Act may be cited as the Delay Until Fully Functional Act of 2013 . 2. Delay in the individual mandate and exemption from penalty (a) Delay in applicability Section 1501(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18091(d) ) is amended to read as follows: (d) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning 6 months after the date on which the Inspector General of the Department of Health and Human Services submits to Congress the certification described in paragraph (3). (2) GAO study and report (A) In general Not later than 30 days after the date of enactment of the Delay Until Fully Functional Act of 2013, the Comptroller General of the United States shall conduct a study to determine whether the American Health Benefit Exchanges, including the Exchange administered by the Federal Government, and all other point of enrollment options (including telephone and postal options), are fully functional and operating in a manner consistent with the role envisioned for Exchanges under this Act, and submit to the appropriate committees of Congress a report concerning the results of such study. (B) Subsequent studies and reports If, based on the results of the study conducted under subparagraph (A), the Comptroller General determines that the Exchanges are not fully functional and operating in a manner consistent with the role envisioned for Exchanges under this Act, the Comptroller General shall conduct one or more subsequent studies every 60 days (and submit reports based on the results of such studies) until the Comptroller General determines that the Exchanges are fully functional and operating in such manner. (3) Certification Upon the submission of a report under paragraph (2) that determines that the American Health Benefit Exchanges are fully functional and operating in a manner consistent with the role envisioned for Exchanges under this Act, the Inspector General for the Department of Health and Human Services shall submit to Congress a certification (in writing) of the results of such report. (4) Adjustment of dates In applying section 5000A of the Internal Revenue Code of 1986, the Secretary of the Treasury shall adjust the dates in such section accordingly based on the application of this subsection. . (b) Exemption from penalty Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following: (h) Exemption The provisions of this section shall not apply to an individual who is unable to enroll in a qualified health plan because of the technical or customer service issues of an American Health Benefit Exchange, as determined by the Secretary. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3359ih/xml/BILLS-113hr3359ih.xml

113-hr-3360

I 113th CONGRESS 1st Session H. R. 3360 IN THE HOUSE OF REPRESENTATIVES October 28, 2013 Mr. Turner introduced the following bill; which was referred to the Committee on Armed Services A BILL To reform Article 32 of the Uniform Code of Military Justice to specify the burden of proof applicable at the investigative hearing, the required qualifications for the investigating officer, the permitted scope of the investigation to assist the convening authority, and the protection of witnesses, and for other purposes. 1. Pre-trial investigation of charges and specifications under Uniform Code of Military Justice (a) Required investigation; Investigating officer Subsection (a) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended to read as follows: (a) (1) No charge or specification may be referred to a general court-martial for trial until an impartial investigation of the matters set forth therein has been made. The investigation shall be limited to an inquiry to determine whether or not there is probable cause to believe that the accused committed an offense as set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. The purpose of this investigation shall not be to serve as discovery tool for the accused. (2) An experienced judge advocate certified under section 827(b) of this title (article 27(b)) shall be detailed to conduct the investigation under paragraph (1), except in exceptional cases in which the interests of justice dictate the detailing of an investigating officer who is not a judge advocate. In such exceptional cases, an experienced judge advocate certified under section 827(b) of this title (article 27(b)) shall be detailed to serve as a legal advisor to the investigating officer. . (b) Limitations on cross-Examination of witnesses and presentation of evidence by the accused Subsection (b) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice) is amended— (1) by inserting (1) after (b) ; (2) by striking the third sentence; and (3) by adding at the end the following new paragraphs: (2) Prior to the investigation, the accused shall be provided the following: (A) Any sworn or signed statement relating to an offense charged that is in the possession of the Government. (B) An opportunity to inspect any books, papers, documents, photographs, tangible objects, buildings, or places, or copies of portions thereof, that are in the possession, custody, or control of military authorities and are intended to be used by the prosecution as evidence at the hearing or were obtained from or belonged to the accused. (C) Any scientific tests or experiments, or copies thereof, that are in the possession, custody, or control of military authorities and are intended to be used by the prosecution as evidence at the hearing. (D) Information regarding of the existence of any evidence known to the Government counsel that reasonably tends to negate the guilt of the accused of an offense charged or reduce the degree of guilt of an offense charged. (3) At the investigation, the accused shall have the opportunity to cross-examine a witness about the matters set forth in the charge or specification if the witness is available, and to present evidence relevant to the investigation. The investigating officer shall examine relevant available witness and relevant evidence requested by the accused. (4) Notwithstanding paragraph (3), if the investigation of charges under this section (article) involves a complaining witness, the complaining witness shall be given the opportunity to testify at the investigation, but shall not be required to testify at the investigation. If the complaining witness declines to testify at the investigation, the complaining witness shall be deemed to be unavailable as a witness for purposes of the investigation. (5) In this subsection, the term complaining witness means a person who— (A) is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being investigated; and (B) is named in one of the specifications. . (c) Elimination of entitlement to reinvestigation Subsection (c) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice) is amended by striking unless it is demanded and all that follows through in his own behalf . (d) Application of amendments The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to charges preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice) on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3360ih/xml/BILLS-113hr3360ih.xml

113-hr-3361

I 113th CONGRESS 1st Session H. R. 3361 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Sensenbrenner (for himself, Mr. Conyers , Ms. Lofgren , Mr. Amash , Mr. Nadler , Mr. Roe of Tennessee , Ms. Jackson Lee , Mr. Farr , Mr. Polis , Ms. Chu , Ms. Bass , Mr. Richmond , Mr. Thompson of Mississippi , Ms. DelBene , Mr. Rohrabacher , Mr. Mica , Mr. Young of Alaska , Mr. Petri , Mr. Sanford , Mr. Welch , Mr. Grayson , Mr. Duncan of South Carolina , Ms. Eshoo , Mr. Rokita , Mr. Smith of Missouri , Mr. Stewart , Mr. Amodei , Mr. Yoho , Mr. Jeffries , Ms. Norton , Mr. Deutch , Mr. Scott of Virginia , Mr. Quigley , Mr. Hunter , Mr. Garamendi , Mr. Mullin , Mr. Massie , Ms. Lee of California , Ms. Moore , Mr. Duffy , Ms. Gabbard , Mr. Coble , Mr. Terry , Mr. Graves of Georgia , Mr. Pocan , Mr. O’Rourke , Mr. Labrador , Mr. Huffman , Mr. Gowdy , Mr. Coffman , Mr. Mulvaney , Mr. Burgess , Mr. Issa , Mr. Moran , Mr. Gibson , Mr. Honda , Ms. Speier , Mr. Johnson of Georgia , Mr. Gohmert , Mr. Yoder , Mr. Gene Green of Texas , Mr. Huelskamp , Mr. Capuano , Mr. Bentivolio , Mr. Jones , Mr. Thompson of Pennsylvania , Mr. Buchanan , Mr. Long , Mr. Ellison , Mr. Daines , Mr. Michaud , Mr. Lowenthal , Mr. Pearce , Mr. Poe of Texas , Mr. Bera of California , Mr. Griffin of Arkansas , Mr. Blumenauer , Mr. Schweikert , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) 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 reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—FISA business records reforms Sec. 101. Privacy protections for business records orders. Sec. 102. Inspector general reports on business records orders. Title II—FISA pen register and trap and trace device reforms Sec. 201. Privacy protections for pen registers and trap and trace devices. Sec. 202. Inspector general reports on pen registers and trap and trace devices. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of United States persons. Sec. 302. Protection against collection of wholly domestic communications. Sec. 303. Prohibition on reverse targeting. Sec. 304. Limits on use of unlawfully obtained information. Sec. 305. Modification of FISA Amendments Act of 2008 sunset. Sec. 306. Inspector general reviews of authorities. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Office of the Special Advocate. Sec. 402. Foreign Intelligence Surveillance Court disclosure of opinions. Sec. 403. Preservation of rights. Title V—National security letter reforms Sec. 501. National security letter authority. Sec. 502. Limitations on disclosure of national security letters. Sec. 503. Judicial review. Sec. 504. Inspector general reports on national security letters. Sec. 505. National security letter sunset. Sec. 506. Technical and conforming amendments. Title VI—FISA and national security letter transparency reforms Sec. 601. Third-party reporting on FISA orders and national security letters. Sec. 602. Government reporting on FISA orders. Sec. 603. Government reporting on national security letters. Title VII—Privacy and Civil Liberties Oversight Board subpoena authority Sec. 701. Privacy and Civil Liberties Oversight Board subpoena authority. I FISA business records reforms 101. Privacy protections for business records orders (a) Privacy protections (1) In general Section 501(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(b) ) is amended— (A) in paragraph (1)(B), by striking and after the semicolon; (B) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: (A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought— (i) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to— (I) obtain foreign intelligence information not concerning a United States person; or (II) protect against international terrorism or clandestine intelligence activities; and (ii) pertain to— (I) a foreign power or an agent of a foreign power; (II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) an individual in contact with, or known to, a suspected agent of a foreign power; and (B) a statement of proposed minimization procedures; and ; and (C) by adding at the end the following paragraph: (3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include— (A) the time period during which the Government believes the nondisclosure requirement should apply; (B) a statement of facts showing that there are reasonable grounds to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during such time period will result in— (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States; and (C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B). . (2) Order Section 501(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(c) ) is amended— (A) in paragraph (1)— (i) by striking subsections (a) and (b) and inserting subsection (a) and paragraphs (1) and (2) of subsection (b) and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g) ; and (ii) by striking the last sentence and inserting the following: If the judge finds that the requirements of subsection (b)(3) have been met, such order shall include a nondisclosure requirement, which may apply for not longer than 1 year, unless the facts justify a longer period of nondisclosure, subject to the principles and procedures described in subsection (d). ; and (B) in paragraph (2)— (i) in subparagraph (C), by inserting before the semicolon , if applicable ; (ii) in subparagraph (D), by striking and at the end; (iii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new subparagraph: (F) shall direct that the minimization procedures be followed. . (3) Nondisclosure Section 501(d) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(d) ) is amended to read as follows: (d) Nondisclosure (1) In general No person who receives an order entered under subsection (c) that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies. (2) Exception (A) In general A person who receives an order entered under subsection (c) that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary to comply with the order; (ii) an attorney to obtain legal advice or assistance regarding the order; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed. (C) Notice Any person who discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (3) Extension The Director of the Federal Bureau of Investigation, or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge), may apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring the production of tangible things under this section for additional periods of not longer than 1 year, unless the facts justify a longer period of nondisclosure. A nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph (4) determines that the application meets the requirements of subsection (b)(3). (4) Jurisdiction An application for a renewal under this subsection shall be made to— (A) a judge of the court established under section 103(a); or (B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of the court established under section 103(a). . (4) Minimization Section 501(g) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(g) ) is amended— (A) in paragraph (1), by striking Not later than and all that follows and inserting At or before the end of the period of time for the production of tangible things under an order entered under this section or at any time after the production of tangible things under an order entered under this section, a judge may assess compliance with the minimization procedures required by such order by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. ; and (B) in paragraph (2)(A), by inserting acquisition and after to minimize the . (5) Conforming amendment Section 501(f)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(f)(1)(B) ) is amended by striking an order imposed under subsection (d) and inserting a nondisclosure requirement imposed in connection with a production order . (b) Judicial review Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861(f)(2) ) is amended— (1) in subparagraph (A)(i)— (A) by striking that order and inserting such production order or any nondisclosure order imposed in connection with such production order ; and (B) by striking the second sentence; (2) by striking subparagraph (C) and inserting the following new subparagraph: (C) A judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that— (i) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the time period in which such requirement is in effect will result in— (I) endangering the life or physical safety of any person; (II) flight from investigation or prosecution; (III) destruction of or tampering with evidence; (IV) intimidation of potential witnesses; (V) interference with diplomatic relations; (VI) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (VII) otherwise seriously endangering the national security of the United States; and (ii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i). ; and (3) by adding at the end the following new subparagraph: (E) If a judge denies a petition to modify or set aside a nondisclosure order under this paragraph, no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition. . (c) Emergency authority for access to call detail records (1) In general Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended— (A) by redesignating section 502 as section 503; and (B) by inserting after section 501 the following new section: 502. Emergency authority for access to call detail records (a) In general Notwithstanding any other provision of this title, the Attorney General may require the production of call detail records by the provider of a wire or electronic communication service on an emergency basis if— (1) such records— (A) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with section 501(a)(2) to— (i) obtain foreign intelligence information not concerning a United States person; or (ii) protect against international terrorism or clandestine intelligence activities; and (B) pertain to— (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power; (2) the Attorney General reasonably determines that— (A) an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 501; and (B) the factual basis for issuance of an order under section 501 to require the production of such records exists; (3) a judge referred to in section 501(b)(1) is informed by the Attorney General or a designee of the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and (4) an application in accordance with section 501 is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this section. (b) Termination of authority (1) Termination In the absence of an order under section 501 approving the production of call detail records under subsection (a), the authority to require the production of such records shall terminate at the earlier of— (A) when the information sought is obtained; (B) when the application for the order is denied under section 501; or (C) 7 days after the time of the authorization by the Attorney General. (2) Use of information If an application for an order under section 501 for the production of call detail records required to be produced pursuant to subsection (a) is denied, or in any other case in which the emergency production of call detail records under this section is terminated and no order under section 501 is issued approving the required production of such records, no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (c) Report The Attorney General shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the number of times the authority under this section was exercised during the calendar year covered by such report. (d) Call detail records defined In this section, the term call detail records — (1) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), telephone calling card numbers, or the time or duration of a call; and (2) does not include— (A) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (B) the name, address, or financial information of a subscriber or customer; or (C) cell site location information. . (2) Table of contents amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by striking the item relating to section 502 and inserting the following new items: 502. Emergency authority for access to call detail records. 503. Congressional oversight. . (3) Conforming amendment Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 50 U.S.C. 1805 note) is amended by striking sections 501, 502, and and inserting title V and section . 102. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2010 through 2013 after 2006 ; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) ; (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2010 through 2013 Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2010 through 2013. ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall— (A) assess the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) to the activities of the intelligence community; (B) examine the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) describe any noteworthy facts or circumstances relating to orders under such title; (D) examine any minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (E) examine any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act ( 50 U.S.C. 1803(a) ). (2) Submission date for assessment Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and inserting any report under subsection (c) or (d) ; and (ii) by striking Inspector General of the Department of Justice and inserting Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section ; and (B) in paragraph (2), by striking the reports submitted under subsection (c)(1) and (c)(2) and inserting any report submitted under subsection (c) or (d) ; (6) in subsection (f), as redesignated by paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) ; and (7) by adding at the end the following new subsection: (g) Definitions In this section: (1) Intelligence community The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (2) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . II FISA pen register and trap and trace device reforms 201. Privacy protections for pen registers and trap and trace devices (a) Application Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(c) ) is amended— (1) in paragraph (1), by striking and at the end; and (2) by striking paragraph (2) and inserting the following new paragraphs: (2) a statement of facts showing that there are reasonable grounds to believe that the information sought— (A) is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution of the United States; and (B) pertain to— (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power; and (3) a statement of proposed minimization procedures. . (b) Minimization (1) Definition Section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: (4) The term minimization procedures means— (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (2) Procedures required Section 402 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842 ) is amended— (A) in subsection (d)— (i) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and (ii) in paragraph (2)(B)— (I) in clause (ii)(II), by striking and after the semicolon; and (II) by adding at the end the following new clause: (iv) the minimization procedures be followed; and ; and (B) by adding at the end the following new subsection: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. . (3) Emergencies Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 ) is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: (c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures required by this title for the issuance of a judicial order be followed. . (4) Use of information Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(a)(1) ) is amended by inserting and the minimization procedures required under the order approving such pen register or trap and trace device after of this section . (c) Transition procedures (1) Orders in effect Notwithstanding the amendments made by this section, an order entered under section 402(d)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(d)(1) ) that is in effect on the effective date of the amendments made by this section shall remain in effect until the expiration of the order. (2) Extensions A request for an extension of an order referred to in paragraph (1) shall be subject to the requirements of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as amended by this Act. 202. Inspector general reports on pen registers and trap and trace devices (a) Audits The Inspector General of the Department of Justice shall perform comprehensive audits of the effectiveness and use, including any improper or illegal use, of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ) during the period beginning on January 1, 2010, and ending on December 31, 2013. (b) Requirements The audits required under subsection (a) shall include— (1) an examination of the use of pen registers and trap and trace devices under such title for calendar years 2010 through 2013; (2) an examination of the installation and use of a pen register or trap and trace device on emergency bases under section 403 of such Act ( 50 U.S.C. 1843 ); (3) an examination of any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under such title, including any improper or illegal use of the authority provided under such title; and (4) an examination of the effectiveness of the authority under such title as an investigative tool, including— (A) the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation; (B) the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; (C) whether, and how often, the Federal Bureau of Investigation used information acquired under a pen register or trap and trace device under such title to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community, or to another department, agency, or instrumentality of Federal, State, local, or tribal governments; and (D) whether, and how often, the Federal Bureau of Investigation provided information acquired under a pen register or trap and trace device under such title to law enforcement authorities for use in criminal proceedings. (c) Report Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audits conducted under subsection (a) for calendar years 2010 through 2013. (d) Intelligence assessment (1) In general For the period beginning January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall— (A) assess the importance of the information to the activities of the intelligence community; (B) examine the manner in which the information was collected, retained, analyzed, and disseminated; (C) describe any noteworthy facts or circumstances relating to orders under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ); and (D) examine any minimization procedures used by elements of the intelligence community in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ) and whether the minimization procedures adequately protect the constitutional rights of United States persons. (2) Submission dates for assessment Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. (e) Prior notice to attorney general and director of national intelligence; comments (1) Notice Not later than 30 days before the submission of any report under subsection (c) or (d), the Inspector General of the Department of Justice and the Inspector General of the Intelligence Community shall provide the report to the Attorney General and the Director of National Intelligence. (2) Comments The Attorney General or the Director of National Intelligence may provide such comments to be included in any report submitted under subsection (c) or (d) as the Attorney General or the Director of National Intelligence may consider necessary. (f) Unclassified form Each report submitted under subsection (c) and any comments included in that report under subsection (e)(2) shall be in unclassified form, but may include a classified annex. (g) Definitions In this section— (1) the terms Attorney General , foreign intelligence information , and United States person have the meanings given those terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); (2) the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); (3) the term minimization procedures has the meaning given that term in section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 ), as amended by this Act; and (4) the terms pen register and trap and trace device have the meanings given those terms in section 3127 of title 18, United States Code. III FISA acquisitions targeting persons outside the United States reforms 301. Clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of United States persons Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(b) ) is amended— (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking An acquisition and inserting the following: (1) In general An acquisition ; and (3) by adding at the end the following new paragraph: (2) Clarification on prohibition on searching of collections of communications of United States persons (A) In general Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation). (B) Concurrent authorization and exception for emergency situations Subparagraph (A) shall not apply to a search for communications related to a particular United States person if— (i) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order; (ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or (iii) such United States person has consented to the search. . 302. Protection against collection of wholly domestic communications (a) In general Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended— (1) in subsection (d)(1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) limit the acquisition of the contents of any communication to those communications— (i) to which any party is a target of the acquisition; or (ii) that contain an account identifier of a target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction. ; and (2) in subsection (i)(2)(B)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (iii) limit the acquisition of the contents of any communication to those communications— (I) to which any party is a target of the acquisition; or (II) that contain an account identifier of the target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction. . (b) Conforming amendment Section 701 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 ) is amended— (1) in subsection (a)— (A) by inserting international terrorism , after foreign power , ; and (B) by striking and United States person and inserting United States person , and weapon of mass destruction ; and (2) in subsection (b)— (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) Account identifier The term account identifier means a telephone or instrument number, other subscriber number, email address, or username used to uniquely identify an account. . (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 180 days after the date of the enactment of this Act. 303. Prohibition on reverse targeting Section 702(b)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as redesignated by section 301(1) of this Act, is amended by striking the purpose and inserting a significant purpose . 304. Limits on use of unlawfully obtained information Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(i)(3) ) is amended by striking subparagraph (B) and inserting the following new subparagraph: (B) Correction of deficiencies (i) In general If the Court finds that a certification required by subsection (g) does not contain all of the required elements, or that the procedures required by subsections (d) and (e) are not consistent with the requirements of those subsections or the Fourth Amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government’s election and to the extent required by the order of the Court— (I) correct any deficiency identified by the order of the Court not later than 30 days after the date on which the Court issues the order; or (II) cease, or not begin, the implementation of the authorization for which such certification was submitted. (ii) Limitation on use of information (I) In general Except as provided in subclause (II), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause (i) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (II) Exception If the Government corrects any deficiency identified by the order of the Court under clause (i), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . 305. Modification of FISA Amendments Act of 2008 sunset (a) Modification Section 403(b)(1) of the FISA Amendments Act of 2008 ( Public Law 110–261 ; 50 U.S.C. 1881 note) is amended by striking December 31, 2017 and inserting June 1, 2015 . (b) Technical and conforming amendments Section 403(b)(2) of such Act ( Public Law 110–261 ; 122 Stat. 2474) is amended by striking December 31, 2017 and inserting June 1, 2015 . (c) Orders in effect Section 404(b)(1) of such Act ( Public Law 110–261 ; 50 U.S.C. 1801 note) is amended in the paragraph heading by striking December 31, 2017 and inserting June 1, 2015 . 306. Inspector general reviews of authorities (a) Agency assessments Section 702(l)(2) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l)(2) ) is amended— (1) in the matter preceding subparagraph (A), by striking authorized to acquire foreign intelligence information under subsection (a) and inserting subject to the targeting or minimization procedures approved under this section ; (2) in subparagraph (C), by inserting United States persons or after later determined to be ; and (3) in subparagraph (D)— (A) in the matter preceding clause (i), by striking such review and inserting review conducted under this paragraph ; (B) in clause (ii), by striking and at the end; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following new clause: (iii) the Inspector General of the Intelligence Community; and . (b) Inspector General of the Intelligence Community review (1) Recurring reviews Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) ) is amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) Inspector general of the Intelligence Community review (A) In general The Inspector General of the Intelligence Community is authorized to review the acquisition, use, and dissemination of information acquired under subsection (a) to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f), and in order to conduct the review required under subparagraph (B). (B) Mandatory review The Inspector General of the Intelligence Community shall review the procedures and guidelines developed by the elements of the intelligence community to implement this section, with respect to the protection of the privacy rights of United States persons, including— (i) an evaluation of the limitations outlined in subsection (b), the procedures approved in accordance with subsections (d) and (e), and the guidelines adopted in accordance with subsection (f), with respect to the protection of the privacy rights of United States persons; and (ii) an evaluation of the circumstances under which the contents of communications acquired under subsection (a) may be searched in order to review the communications of particular United States persons. (C) Consideration of other reviews and assessments In conducting a review under subparagraph (B), the Inspector General of the Intelligence Community shall take into consideration, to the extent relevant and appropriate, any reviews or assessments that have been completed or are being undertaken under this section. (D) Public reporting of findings and conclusions In a manner consistent with the protection of the national security of the United States, and in unclassified form, the Inspector General of the Intelligence Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B). . (2) Report Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit a report regarding the reviews conducted under paragraph (3) of section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) ), as amended by paragraph (1) of this subsection, to— (A) the Attorney General; (B) the Director of National Intelligence; and (C) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution— (i) the congressional intelligence committees; and (ii) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (c) Annual reviews Section 702(l)(4)(A) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l)(4)(A) ), as redesignated by subsection (b)(1), is amended— (1) in the matter preceding clause (i)— (A) in the first sentence— (i) by striking conducting an acquisition authorized under subsection (a) and inserting subject to targeting or minimization procedures approved under this section ; and (ii) by striking the acquisition and inserting acquisitions under subsection (a) ; and (B) in the second sentence, by striking acquisitions and inserting information obtained through an acquisition ; and (2) in clause (iii), by inserting United States persons or after later determined to be . IV Foreign Intelligence Surveillance Court reforms 401. Office of the Special Advocate (a) Establishment The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new title: IX Office of the Special Advocate 901. Definitions In this title: (1) Decision The term decision means a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. (2) Foreign Intelligence Surveillance Court; Court The terms Foreign Intelligence Surveillance Court and Court mean the court established under section 103(a) and the petition review pool established under section 103(e). (3) Foreign Intelligence Surveillance Court of Review; Court of Review The terms Foreign Intelligence Surveillance Court of Review and Court of Review mean the court of review established under section 103(b). (4) Office The term Office means the Office of the Special Advocate established under section 902(a). (5) Significant construction or interpretation of law The term significant construction or interpretation of law means a significant construction or interpretation of a provision, as that term is construed under section 601(c). (6) Special Advocate The term Special Advocate means the Special Advocate appointed under section 902(b). 902. Office of the Special Advocate (a) Establishment There is established within the judicial branch of the United States an Office of the Special Advocate. (b) Special Advocate (1) In general The head of the Office is the Special Advocate. (2) Appointment and term (A) Appointment The Chief Justice of the United States shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B). (B) List of candidates The Privacy and Civil Liberties Oversight Board shall submit to the Chief Justice a list of not less than 5 qualified candidates to serve as Special Advocate. The Board shall select candidates for such list whom the Board believes will be zealous and effective advocates in defense of civil liberties and consider with respect to each potential candidate— (i) the litigation and other professional experience of such candidate; (ii) the experience of such candidate in areas of law that the Special Advocate is likely to encounter in the course of the duties of the Special Advocate; and (iii) the demonstrated commitment of such candidate to civil liberties. (C) Security Clearance An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (D) Term and dismissal A Special Advocate shall be appointed for a term of 3 years and may be removed only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance. (E) Reappointment There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate. (F) Acting Special Advocate If the position of Special Advocate is vacant, the Chief Justice of the United States may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the Chief Justice may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed. (3) Employees The Special Advocate may appoint and terminate and fix the compensation of employees of the Office without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Duties and authorities of the Special Advocate (1) In general The Special Advocate— (A) may consider any request for consultation by a party who has been served with an order or directive issued under this Act requiring the party to provide information, facilities, or assistance to the Federal Government; (B) may request to participate in a proceeding before the Foreign Intelligence Surveillance Court; (C) shall participate in such proceeding if such request is granted; (D) shall participate in a proceeding before the Court if appointed to participate by the Court under section 903(a); (E) may request reconsideration of a decision of the Court under section 903(b); (F) may appeal or seek review of a decision of the Court or the Foreign Intelligence Surveillance Court of Review under section 904; and (G) shall participate in such appeal or review. (2) Access to applications and decisions (A) Applications The Attorney General shall provide to the Special Advocate each application submitted to a judge of the Foreign Intelligence Surveillance Court under this Act at the same time as the Attorney General submits such applications. (B) Decisions The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review shall provide to the Special Advocate access to each decision of the Court and the Court of Review, respectively, issued after the date of the enactment of the USA FREEDOM Act and all documents and other material relevant to such decision in complete, unredacted form. (3) Advocacy The Special Advocate shall vigorously advocate before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as appropriate, in support of legal interpretations that protect individual privacy and civil liberties. (4) Outside counsel The Special Advocate may delegate to a competent outside counsel who has or is able to obtain an appropriate security clearance any duty or responsibility of the Special Advocate set out in subparagraph (E) or (F) of paragraph (1) with respect to participation in a matter before the Court, the Court of Review, or the Supreme Court of the United States. (5) Availability of documents and material The Court or the Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if the Special Advocate has delegated duties or responsibilities to the outside counsel under paragraph (4), any documents or other material necessary to carry out the duties described in paragraph (1). (d) Security clearances The appropriate departments, agencies, and elements of the Executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate, appropriate employees of the Office, and outside counsel to whom the Special Advocate delegates a duty or responsibility under subsection (c)(4) with the security clearances necessary to carry out the duties of the Special Advocate. 903. Advocacy before the Foreign Intelligence Surveillance Court (a) Appointment To participate (1) In general The Foreign Intelligence Surveillance Court may appoint the Special Advocate to participate in a proceeding before the Court. (2) Standing If the Special Advocate is appointed to participate in a Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Court in that proceeding. (b) Reconsideration of a Foreign Intelligence Surveillance Court decision (1) Authority to move for reconsideration The Special Advocate may move the Court to reconsider any decision of the Court made after the date of the enactment of the USA FREEDOM Act by petitioning the Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Special Advocate. (2) Discretion of the Court The Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) Amici curiae participation (1) Motion by the Special Advocate The Special Advocate may file a motion with the Court to permit and facilitate participation of amici curiae, including participation in oral argument if appropriate, in any proceeding. The Court shall have the discretion to grant or deny such a motion. (2) Facilitation by the Foreign Intelligence Surveillance Court The Court may, sua sponte, permit and facilitate participation by amici curiae, including participation in oral argument if appropriate, in proceedings before the Court. (3) Regulations Not later than 180 days after the date of the enactment of USA FREEDOM Act, the Court shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae. 904. Appellate review (a) Appeal of Foreign Intelligence Surveillance Court decisions (1) Authority to appeal The Special Advocate may appeal any decision of the Foreign Intelligence Surveillance Court issued after the date of the enactment of the USA FREEDOM Act not later than 90 days after the date on which the decision is issued. (2) Standing as appellant If the Special Advocate appeals a decision of the Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Foreign Intelligence Surveillance Court of Review in such appeal. (3) Mandatory review The Court of Review shall review any Foreign Intelligence Surveillance Court decision appealed by the Special Advocate and issue a decision in such appeal, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent. (4) Standard of review The standard for a mandatory review of a Foreign Intelligence Surveillance Court decision pursuant to paragraph (3) shall be— (A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination of facts. (5) Amici curiae participation (A) In general The Court of Review shall accept amici curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amici curiae participation in oral argument if appropriate. (B) Regulations Not later than 180 days after the date of the enactment of the USA FREEDOM Act, the Court of Review shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae. (b) Review of Foreign Intelligence Surveillance Court of Review decisions (1) Authority The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the Foreign Intelligence Surveillance Court of Review. (2) Standing In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Special Advocate shall have standing as a party. 905. Disclosure (a) Requirement To disclose The Attorney General shall publicly disclose— (1) all decisions issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the Court appealed by the Special Advocate pursuant to this title; and (3) any Court of Review decision that is issued after an appeal by the Special Advocate. (b) Disclosure described For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient— (1) to identify with particularity each legal question addressed by the decision and how such question was resolved; (2) to describe in general terms the context in which the matter arises; (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (4) to indicate whether the decision departed from any prior decision of the Court or Court of Review. (c) Documents described The Attorney General shall satisfy the disclosure requirements in subsection (b) by— (1) releasing a Court or Court of Review decision in its entirety or as redacted; (2) releasing a summary of a Court or Court of Review decision; or (3) releasing an application made to the Court, briefs filed before the Court or the Court of Review, or other materials, in full or as redacted. (d) Extensive disclosure The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) Timing of disclosure (1) Decisions issued prior to enactment The Attorney General shall disclose a decision issued prior to the date of the enactment of the USA FREEDOM Act that is required to be disclosed under subsection (a)(1) not later than 180 days after the date of the enactment of such Act. (2) FISA Court decisions The Attorney General shall release Court decisions appealed by the Special Advocate not later than 30 days after the date on which the appeal is filed. (3) FISA Court of Review decisions The Attorney General shall release Court of Review decisions for which the Special Advocate seeks a writ of certiorari not later than 90 days after the date on which the petition is filed. (f) Petition by the Special Advocate (1) Authority to petition The Special Advocate may petition the Court or the Court of Review to order— (A) the public disclosure of a decision of the Court or Court of Review, and documents or other material relevant to such a decision, previously designated as classified information; or (B) the release of an unclassified summary of such decisions and documents. (2) Contents of petition Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly. (3) Role of the Attorney General (A) Copy of petition The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). (B) Opposition The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the Court or the Court of Review, as appropriate, not later than 90 days after the date such petition was submitted. (4) Public availability Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the Court or the Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, to the greatest extent possible, consistent with legitimate national security considerations. (5) Effective date The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of the USA FREEDOM Act, except with respect to a decision appealed by the Special Advocate. 906. Annual report to Congress (a) Requirement for annual report The Special Advocate shall submit to Congress an annual report on the implementation of this title. (b) Contents Each annual report submitted under subsection (a) shall— (1) detail the activities of the Office of the Special Advocate; (2) provide an assessment of the effectiveness of this title; and (3) propose any new legislation to improve the functioning of the Office or the operation of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that the Special Advocate considers appropriate. . (b) Table of contents amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101(c)(2) of this Act, is further amended by adding at the end the following new items: TITLE IX—OFFICE OF THE SPECIAL ADVOCATE Sec. 901. Definitions. Sec. 902. Office of the Special Advocate. Sec. 903. Advocacy before the Foreign Intelligence Surveillance Court. Sec. 904. Appellate review. Sec. 905. Disclosure. Sec. 906. Annual report to Congress. . 402. Foreign Intelligence Surveillance Court disclosure of opinions Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following new subsection: (g) (1) A judge of the court established under subsection (a) who authored an order, opinion, or other decision may sua sponte or on motion by a party request that such order, opinion, or other decision be made publicly available. (2) Upon a request under paragraph (1), the presiding judge of the court established under subsection (a), in consultation with the other judges of such court, may direct that such order, opinion, or other decision be made publicly available. (3) Prior to making an order, opinion, or other decision of the court established under subsection (a) publicly available in accordance with this subsection, the presiding judge of such court may direct the Executive branch to review such order, opinion, or other decision and redact such order, opinion, or other decision as necessary to ensure that properly classified information is appropriately protected. . 403. Preservation of rights Nothing in this title or an amendment made by this title shall be construed— (1) to provide the Attorney General with authority to prevent the FISA Court or FISA Court of Review from declassifying decisions or releasing information pursuant to this title or an amendment made by this title; and (2) to eliminate the public’s ability to secure information under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) or any other provision of law. V National security letter reforms 501. National security letter authority (a) Counterintelligence access to telephone toll and transactional records Section 2709 of title 18, United States Code, is amended— (1) in subsection (b)— (A) by striking may— and all that follows through the period at the end and inserting the following: may request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that— ; and (B) by adding at the end the following new paragraphs: (1) the name, address, length of service, and toll billing records sought are relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States; and (2) there are reasonable grounds to believe that the name, address, length of service, and toll billing records sought pertain to— (A) a foreign power or agent of a foreign power; (B) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (C) an individual in contact with, or known to, a suspected agent of a foreign power. ; and (2) by adding at the end the following new subsection: (g) For purposes of this subsection, the terms agent of a foreign power , foreign power , international terrorism , and United States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . (b) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended to read as follows: 1114. Access to financial records for certain intelligence and protective purposes (a) Authorization (1) In general The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a financial institution, a request requiring the production of— (A) the name of a customer of the financial institution; (B) the address of a customer of the financial institution; (C) the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the financial institution to the customer; and (D) any account number or other unique identifier associated with a customer of the financial institution. (2) Limitation A request issued under this subsection may not require the production of records or information not listed in paragraph (1). (b) Requirements (1) In general A request issued under subsection (a) shall— (A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and (B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— (i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to— (I) obtain foreign intelligence information not concerning a United States person; or (II) protect against international terrorism or clandestine intelligence activities; and (ii) pertain to— (I) a foreign power or an agent of a foreign power; (II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) an individual in contact with, or known to, a suspected agent of a foreign power. (2) Definitions For purposes of this subsection, the terms agent of a foreign power , foreign intelligence information , foreign power , international terrorism , and United States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (c) Definition of financial institution For purposes of this section (and sections 1115 and 1117, insofar as the sections relate to the operation of this section), the term financial institution has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, United States Code, except that the term shall include only a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands. . (c) National security letter authority for certain consumer report records (1) In general Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended— (A) by striking subsections (a) through (c) and inserting the following new subsections: (a) Authorization (1) In general The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of— (A) the name of a consumer; (B) the current and former address of a consumer; (C) the current and former places of employment of a consumer; and (D) the name and address of any financial institution (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 )) at which a consumer maintains or has maintained an account, to the extent that the information is in the files of the consumer reporting agency. (2) Limitation A request issued under this subsection may not require the production of a consumer report. (b) Requirements (1) In general A request issued under subsection (a) shall— (A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and (B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— (i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to— (I) obtain foreign intelligence information not concerning a United States person; or (II) protect against international terrorism or clandestine intelligence activities; and (ii) pertain to— (I) a foreign power or an agent of a foreign power; (II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) an individual in contact with, or known to, a suspected agent of a foreign power. (2) Definitions In this subsection, the terms agent of a foreign power , foreign intelligence information , foreign power , international terrorism , and United States person have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). ; (B) by striking subsections (f) through (h); and (C) by redesignating subsections (d), (e), (i), (j), (k), (l), and (m) as subsections (c), (d), (e), (f), (g), (h), and (i), respectively. (2) Repeal Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is repealed. 502. Limitations on disclosure of national security letters (a) Counterintelligence access to telephone toll and transactional records Section 2709 of title 18, United States Code, is amended by striking subsection (c) and inserting the following new subsection: (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b), shall disclose to any person that the Director of the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in— (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) Exception (A) In general A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (3) Termination In the case of any request for which a recipient has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (b) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ), as amended by section 501(b) of this Act, is further amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subsection (a) shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in— (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) Exception (A) In general A financial institution, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (3) Termination In the case of any request for which a financial institution has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (c) Identity of financial institutions and credit reports Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ), as amended by section 501(c) of this Act, is further amended by striking subsection (c) (as redesignated by section 501(c)(1)(D) of this Act) and inserting the following new subsection: (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a) or (b). (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in— (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) Exception (A) In general A consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) or (b) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (3) Termination In the case of any request for which a consumer reporting agency has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (d) Investigations of persons with access to classified information Section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) is amended by striking subsection (b) and inserting the following new subsection: (b) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in— (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) Exception (A) In general A governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a). (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D) Identification of disclosure recipients At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (3) Termination In the case of any request for which a governmental or private entity has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the authorized investigative agency described in subsection (a) shall promptly notify the governmental or private entity, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. . (e) Judicial Review Section 3511 of title 18, United States Code, is amended by striking subsection (b) and inserting the following new subsection: (b) Nondisclosure (1) In general (A) Notice If a recipient of a request for a report, records, or other information under section 2709 of this title, section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ), section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ), or section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ), wishes to have a court review a nondisclosure requirement imposed in connection with the request, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a). (B) Application Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. (C) Consideration A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) Application contents An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result in— (A) endangering the life or physical safety of any person; (B) flight from investigation or prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; (E) interference with diplomatic relations; (F) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (G) otherwise seriously endangering the national security of the United States. (3) Standard A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in— (A) endangering the life or physical safety of any person; (B) flight from investigation or prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; (E) interference with diplomatic relations; (F) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (G) otherwise seriously endangering the national security of the United States. . 503. Judicial review (a) Counterintelligence access to telephone toll and transactional records Section 2709 of title 18, United States Code, as amended by section 501(a) of this Act, is further amended— (1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Judicial review (1) In general A request under subsection (b) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511. (2) Notice A request under subsection (b) shall include notice of the availability of judicial review described in paragraph (1). . (b) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ), as amended by section 502(b) of this Act, is further amended— (1) by redesignating subsection (d) (as redesignated by such section 502(b)) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Judicial review (1) In general A request under subsection (a) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 of title 18, United States Code. (2) Notice A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1). . (c) Identity of financial institutions and credit reports Section 626 of the Right to Financial Privacy Act ( 15 U.S.C. 1681u ), as amended by section 502(c) of this Act, is further amended— (1) by redesignating subsections (d) through (i) (as redesignated by such section 502(c)) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Judicial review (1) In general A request under subsection (a) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 of title 18, United States Code. (2) Notice A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1). . (d) Investigations of persons with access to classified information Section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection: (c) Judicial review (1) In general A request under subsection (a) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 of title 18, United States Code. (2) Notice A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1). . 504. Inspector general reports on national security letters Section 119 of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 219) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2010 through 2013 after 2006 ; and (B) in paragraph (3)(C), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) ; (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2010 through 2013 Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a) for calendar years 2010 through 2013. ; (3) by striking subsection (g) and inserting the following new subsection: (h) Definitions In this section: (1) Intelligence community The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (2) National security letter The term national security letter means a request for information under— (A) section 2709(b) of title 18, United States Code (to access certain communication service provider records); (B) section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ) (to obtain financial institution customer records); (C) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) (to obtain financial information, records, and consumer reports); or (D) section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) (to obtain certain financial information and consumer reports). (3) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). ; (4) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (5) by inserting after subsection (c) the following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall— (A) examine the use of national security letters by the intelligence community during the period; (B) describe any noteworthy facts or circumstances relating to the use of national security letters by the intelligence community, including any improper or illegal use of such authority; (C) assess the importance of information received under the national security letters to the activities of the intelligence community; and (D) examine the manner in which information received under the national security letters was collected, retained, analyzed, and disseminated. (2) Submission date for assessment Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. ; (6) in subsection (e), as redesignated by paragraph (4)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and inserting any report under subsection (c) or (d) ; and (ii) by striking Inspector General of the Department of Justice and inserting Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section ; and (B) in paragraph (2), by striking the reports submitted under subsection (c)(1) or (c)(2) and inserting any report submitted under subsection (c) or (d) ; and (7) in subsection (f), as redesignated by paragraph (4)— (A) by striking The reports submitted under subsections (c)(1) or (c)(2) and inserting Each report submitted under subsection (c) ; and (B) by striking subsection (d)(2) and inserting subsection (e)(2) . 505. National security letter sunset (a) Repeal Effective on June 1, 2015— (1) section 2709 of title 18, United States Code, is amended to read as such provision read on October 25, 2001; (2) section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5) ) is amended to read as such provision read on October 25, 2001; (3) subsections (a) and (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) are amended to read as subsections (a) and (b), respectively, of the second of the 2 sections designated as section 624 of such Act ( 15 U.S.C. 1681u ) (relating to disclosure to the Federal Bureau of Investigation for counterintelligence purposes), as added by section 601 of the Intelligence Authorization Act for Fiscal Year 1996 ( Public Law 104–93 ; 109 Stat. 974), read on October 25, 2001; and (4) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) is amended to read as such provision read on October 25, 2001. (b) Transition provision Notwithstanding subsection (a), the provisions of law referred to in subsection (a), as in effect on May 31, 2015, shall continue to apply on and after June 1, 2015, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before June 1, 2015. 506. Technical and conforming amendments Section 3511 of title 18, United States Code, is amended in subsections (a), (c), and (d), by striking or 627(a) each place it appears. VI FISA and national security letter transparency reforms 601. Third-party reporting on FISA orders and national security letters (a) In general Each electronic service provider may report information to the public in accordance with this section about demands and requests for information made by any Government entity under a surveillance law, and is exempt in accordance with subsection (d) from liability with respect to that report, even if such provider would otherwise be prohibited by a surveillance law from reporting that information. (b) Periodic aggregate reports An electronic service provider may report such information not more often than quarterly and only to the following extent: (1) Estimate of numbers of demands and requests made The report may reveal an estimate of the number of the demands and requests described in subsection (a) made during the period to which the report pertains. (2) Estimate of numbers of demands and requests complied with The report may reveal an estimate of the numbers of the demands and requests described in subsection (a) the electronic service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made. (3) Estimate of number of users or accounts The report may reveal an estimate of the numbers of users or accounts, or both, of the electronic service provider, for which information was demanded, requested, or provided during the period to which the report pertains. (c) Special rules for reports (1) Level of detail by authorizing surveillance law Any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws. (2) Level of detail by numerical range Each estimate disclosed under this section shall be rounded to the nearest 100. If an estimate is zero, an electronic service provider may report the estimate as zero. (3) Report may be broken down by periods not less than calendar quarters For any reporting period, an electronic service provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter. (d) Limitation on liability An electronic service provider making a report that the electronic service provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making the report. (e) Rule of construction Nothing in this section shall be construed to prohibit disclosures other than those authorized by this section. (f) Definitions In this section: (1) Electronic service provider The term electronic service provider means an electronic communications service provider (as that term is defined in section 2510 of title 18, United States Code) or a remote computing service provider (as that term is defined in section 2711 of title 18, United States Code). (2) Surveillance law The term surveillance law means any provision of any of the following: (A) The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (B) Section 802(a) of the National Security Act of 1947 ( 50 U.S.C. 436(a) ). (C) Section 2709 of title 18, United States Code. (D) Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ). (E) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u(a) , 1681u(b)). (F) Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) (as in effect on the day before the date of the enactment of this Act). 602. Government reporting on FISA orders (a) Electronic surveillance (1) Report of electronic surveillance Section 107 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1807 ) is amended— (A) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively; (B) in the matter preceding paragraph (1) (as redesignated by subparagraph (A) of this paragraph)— (i) by striking In April and inserting (a) In April ; and (ii) by striking Congress and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate ; (C) in subsection (a) (as designated by subparagraph (B) of this paragraph)— (i) in paragraph (1) (as redesignated by subparagraph (A) of this paragraph), by striking ; and and inserting a semicolon; (ii) in paragraph (2) (as so redesignated), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new paragraphs: (3) the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100; and (4) the total number of United States persons who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100. ; and (D) by adding at the end the following new subsection: (b) (1) Each report required under subsection (a) shall be submitted in unclassified form. (2) Not later than 7 days after a report is submitted under subsection (a), the Attorney General shall make such report publicly available. . (2) Congressional oversight Section 108(a)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1808 ) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate . (b) Physical searches Section 306 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1826 ) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate ; and (2) in the second sentence, by striking and the Committee on the Judiciary of the House of Representatives . (c) Pen register and trap and trace devices Section 406 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1846 ) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking ; and and inserting a semicolon; (B) in paragraph (3), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3); (6) a good faith estimate of the total number of individuals who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title, rounded to the nearest 100; (7) a good faith estimate of the total number of United States persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title, rounded to the nearest 100; and (8) a good faith estimate of the total number of United States persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title and whose information acquired by such pen register or trap and trace device was subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100. ; and (2) by adding at the end the following new subsection: (c) (1) Each report required under subsection (b) shall be submitted in unclassified form. (2) Not later than 7 days after a report is submitted under subsection (b), the Attorney General shall make such report publicly available. . (d) Access to certain business records and other tangible things Section 503 of the Foreign Intelligence Surveillance Act of 1978, as redesignated by section 101(c) of this Act, is amended— (1) in subsection (a), by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting after Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking to the preceding calendar year— and inserting to the preceding calendar year the following: ; (B) in paragraph (1)— (i) by striking the total and inserting The total ; and (ii) by striking the semicolon and inserting a period; (C) in paragraph (2)— (i) by striking the total and inserting The total ; and (ii) by striking ; and and inserting a period; (D) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking the number and inserting The number ; and (ii) by adding at the end the following new subparagraphs: (F) Records concerning electronic communications. (G) Records concerning wire communications. ; and (E) by adding at the end the following new paragraphs: (4) A description of all other tangible things sought by an application made for the production of any tangible things under section 501, and the number of orders under such section 501 granted, modified, or denied, for each tangible thing. (5) A description of each order under section 501 granted, modified, or denied for the production of tangible things on an ongoing basis. (6) Each department or agency on whose behalf the Director of the Federal Bureau of Investigation or a designee of the Director has made an application for an order requiring the production of any tangible things under section 501. (7) For each department or agency described in paragraph (6), a breakdown of the numbers and descriptions required by paragraphs (1), (2), (3), (4), and (5). ; and (3) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (C) a good faith estimate of the total number of individuals whose tangible things were produced under an order entered under section 501, rounded to the nearest 100; (D) a good faith estimate of the total number of United States persons whose tangible things were produced under an order entered under section 501, rounded to the nearest 100; and (E) a good faith estimate of the total number of United States persons whose tangible things were produced under an order entered under section 501 and subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100. ; and (B) by adding at the end the following new paragraph: (3) Not later than 7 days after the date on which a report is submitted under paragraph (1), the Attorney General shall make such report publicly available. . (e) Additional procedures regarding certain persons outside the United States Section 707 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881f ) is amended by adding at the end the following new subsection: (c) Additional annual report (1) Report required In April of each year, the Attorney General shall submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report setting forth with respect to the preceding year— (A) the total number of— (i) directives issued under section 702; (ii) orders granted under section 703; and (iii) orders granted under section 704; (B) good faith estimates of the total number of individuals, rounded to the nearest 100, whose electronic or wire communications or communications records were collected pursuant to— (i) a directive issued under section 702; (ii) an order granted under section 703; and (iii) an order granted under section 704; (C) good faith estimates of the total number, rounded to the nearest 100, of United States persons whose electronic or wire communications or communications records were collected pursuant to— (i) a directive issued under section 702; (ii) an order granted under section 703; and (iii) an order granted under section 704; and (D) a good faith estimate of the total number of United States persons whose electronic or wire communications or communications records were collected pursuant to a directive issued under section 702 and subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100. (2) Form Each report required under paragraph (1) shall be submitted in unclassified form. (3) Public availability Not later than 7 days after the date on which a report is submitted under paragraph (1), the Attorney General shall make such report publicly available. . 603. Government reporting on national security letters Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 18 U.S.C. 3511 note) is amended to read as follows: (c) Report on requests for national security letters (1) Classified form (A) In general Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the requests made under section 2709(a) of title 18, United States Code, section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414(a)(5)(A) ), section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ), or section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) during the applicable period. (B) Contents Each report under subparagraph (A) shall include, for each provision of law described in subparagraph (A)— (i) authorized requests under the provision, including requests for subscriber information; and (ii) the number of authorized requests under the provision— (I) that relate to a United States person; (II) that relate to a person that is not a United States person; (III) that relate to a person that is— (aa) the subject of an authorized national security investigation; or (bb) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (IV) that relate to a person that is not known to be the subject of an authorized national security investigation. (2) Unclassified form (A) In general Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the aggregate total of all requests identified under paragraph (1) during the applicable period. Each report under this paragraph shall be in unclassified form. (B) Contents Each report under subparagraph (A) shall include the aggregate total of requests— (i) that relate to a United States person; (ii) that relate to a person that is not a United States person; (iii) that relate to a person that is— (I) the subject of an authorized national security investigation; or (II) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (iv) that relate to a person that is not known to be the subject of an authorized national security investigation. (3) Definitions In this subsection: (A) Applicable period The term applicable period means— (i) with respect to the first report submitted under paragraph (1) or (2), the period beginning 180 days after the date of enactment of the USA FREEDOM Act and ending on December 31, 2014; and (ii) with respect to the second report submitted under paragraph (1) or (2), and each report thereafter, the 6-month period ending on the last day of the second month before the date for submission of the report. (B) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . VII Privacy and Civil Liberties Oversight Board subpoena authority 701. Privacy and Civil Liberties Oversight Board subpoena authority Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(g) ) is amended— (1) in paragraph (1)(D), by striking submit a written request to the Attorney General of the United States that the Attorney General ; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3).

https://www.govinfo.gov/content/pkg/BILLS-113hr3361ih/xml/BILLS-113hr3361ih.xml

113-hr-3362

I 113th CONGRESS 1st Session H. R. 3362 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Terry (for himself and Mr. Cassidy ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to require transparency in the operation of American Health Benefit Exchanges. 1. Short title This Act may be cited as the Exchange Information Disclosure Act . 2. Weekly Reports on Health Benefit Exchanges Section 1311(c)(5) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(5) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period and inserting a semicolon; and (3) by inserting after subparagraph (B) the following: (C) not later than the first Monday after the date of enactment of this subparagraph, and each Monday thereafter through March 31, 2015 (or the next business day when Monday occurs on a Federal holiday), in coordination with the with Secretary of the Treasury and the Secretary of Labor, submit to Congress and make available to State governors, State insurance commissioners, and the public, a report concerning consumer interactions with the Internet website maintained by the Federal Government for health insurance coverage (healthcare.gov or any subsequent Internet site (or sites) that is established in whole or in part by the Federal Government to facilitate enrollment in qualified health plans, the receipt of advance premium tax credits or cost sharing reduction assistance, or comparisons of available qualified health plans) and any efforts undertaken to remedy problems that impact taxpayers and consumers, such report to include— (i) a State-by-State break down of— (I) the number of unique website visits; (II) the number of web chat logins; (III) the number of individuals who create an account; (IV) the number of individuals who enrolled in a qualified health plan or Medicaid; (V) the number of enrollees in each zip code; and (VI) the level of coverage obtained; (ii) a detailed description of the problems identified with website functionality, the actions that have been taken to resolve those problems, the identity of the contractors that are involved in such actions, the cost of such actions, how such actions are being paid for, and the names of the Federal officials responsible for overseeing the process; and (iii) a description of the separate problems with the website, including problems relating to— (I) logging into the website; (II) enrolling in coverage; (III) transferring to the State Medicaid programs; (IV) the calculation of advance premium tax credits or cost sharing reductions; (V) eligibility for qualified health plans, advance premium tax credits, cost sharing reductions, Medicaid, or the Children’s Health Insurance Program; (VI) income or identity verification; (VII) the transfer of information to health insurance issuers; and (VIII) consumer privacy and data security; and (D) not later than the first Monday after the date of enactment of this Act, and each Monday thereafter through March 31, 2015 (or the next business day when Monday occurs on a Federal holiday), in coordination with the with Secretary of the Treasury and the Secretary of Labor, submit to Congress and make available to State governors, State insurance commissioners, and the public, a report concerning the Federally operated customer service call center, including the number of calls received by the call center, the Internet website or enrollment problems identified by users, how many calls are referred to the Centers for Consumer Information and Insurance Oversight, how many calls are referred to State insurance commissioners, and how many callers enrolled in a qualified health plan through the call center. . 3. Disclosure of Navigator and Certified Application Counselor Grantees Section 1311(i) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(i) ) is amended by adding at the end the following: (7) Public availability of list of navigators Not later than 5 days after the date of enactment of the Exchange Information Disclosure Act , the Secretary shall make available to Congress, State attorneys general, State insurance commissioners, and the public a list of all navigators and certified application counselors that have been trained and certified by Exchanges, including contact information for all navigator entities and their partner organizations, including subcontractors. Such list shall be updated by the Secretary on a weekly basis through March 31, 2015. . 4. Disclosure of certified agents and brokers Section 1312(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(e) ) is amended by adding at the end the following flush sentence: Not later that 5 days after the date of the enactment of the Exchange Information Disclosure Act , the Secretary shall make available on the Internet website maintained by the Federal Government for health insurance coverage (healthcare.gov or any subsequent Internet site (or sites) that is established in whole or in part by the Federal Government to facilitate enrollment in qualified health plans, the receipt of tax credits or cost sharing reduction assistance, or comparisons of available qualified health plans) a list of all agents and brokers who have been trained and certified by the Federal Exchange, including their name, business address (if available), and phone number. Such list shall be updated on a weekly basis through March 31, 2015. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3362ih/xml/BILLS-113hr3362ih.xml

113-hr-3363

I 113th CONGRESS 1st Session H. R. 3363 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Pompeo introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure that the Federal Aviation Administration advances the safety of small airplanes and the continued development of the general aviation industry, and for other purposes. 1. Short title This Act may be cited as the Small Airplane Revitalization Act of 2013 . 2. Findings Congress makes the following findings: (1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and countries around the world. (2) Small airplanes comprise nearly 90 percent of general aviation aircraft certified by the Federal Aviation Administration. (3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the economic success and defense of the United States. (4) General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the United States and products produced by those sectors are exported in great numbers. (5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence. (6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to the market are resulting in a lack of innovation and investment in small airplane design. (7) Since 2003, the United States lost 10,000 active private pilots per year on average, partially due to a lack of cost-effective, new small airplanes. (8) General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies. 3. Safety and regulatory improvements for general aviation (a) In general Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule— (1) to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such airplanes under part 23 to streamline the approval of safety advancements; and (2) that meets the objectives described in subsection (b). (b) Objectives described The objectives described in this subsection are based on the recommendations of the Part 23 Reorganization Aviation Rulemaking Committee: (1) The establishment of a regulatory regime for small airplanes that will improve safety and reduce the regulatory cost burden for the Federal Aviation Administration and the aviation industry. (2) The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption. (3) The replacement of current, prescriptive requirements under part 23 with performance-based regulations. (4) The use of consensus standards accepted by the Federal Aviation Administration to clarify how the safety objectives of part 23 may be met using specific designs and technologies. (c) Consensus-Based standards In prescribing regulations under this section, the Administrator shall use consensus standards, as described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 ( 15 U.S.C. 272 note), to the extent practicable while continuing traditional methods for meeting part 23. (d) Safety cooperation The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes. (e) Definitions In this section: (1) Consensus standards (A) In general The term consensus standards means standards developed by an organization described in subparagraph (B) that may include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested persons. (B) Organizations described An organization described in this subparagraph is a domestic or international organization that— (i) plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures, voluntary standards; and (ii) operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for due process and an appeals process with respect to such standards. (2) Part 23 The term part 23 means part 23 of title 14, Code of Federal Regulations. (3) Part 23 Reorganization Aviation Rulemaking Committee The term Part 23 Reorganization Aviation Rulemaking Committee means the aviation rulemaking committee established by the Federal Aviation Administration in August 2011 to consider the reorganization of the regulations under part 23. (4) Small airplane The term small airplane means an airplane which is certified to part 23 standards.

https://www.govinfo.gov/content/pkg/BILLS-113hr3363ih/xml/BILLS-113hr3363ih.xml

113-hr-3364

I 113th CONGRESS 1st Session H. R. 3364 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Stivers (for himself and Mr. Al Green of Texas ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize and request the President to issue a posthumous commission in the regular Army to Milton Holland, who, while sergeant major of the 5th Regiment, United States Colored Infantry, was awarded the Medal of Honor for gallantry during the Civil War. 1. Request for posthumous appointment of Milton Holland as a commissioned officer in the Army (a) Request The President is authorized and requested to issue, or have issued, a posthumous commission in the grade of captain in the regular Army in the name of Milton Holland, who, while sergeant major of the 5th Regiment, United States Colored Infantry, was awarded the Medal of Honor in recognition of his action on September 29, 1864, during the Battle of Chapin’s Farm, Virginia, when, as the citation for the medal states, Sergeant Major Holland took command of Company C, after all the officers had been killed or wounded, and gallantly led it . (b) Treatment of benefits The provisions of section 1523 of title 10, United States Code, apply in the case of a commission issued as requested in subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr3364ih/xml/BILLS-113hr3364ih.xml

113-hr-3365

I 113th CONGRESS 1st Session H. R. 3365 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Walberg (for himself, Mr. Graves of Missouri , Mr. Tiberi , and Mr. Messer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To exempt certain long-term care hospitals operating in a single-hospital MSA from the Medicare threshold payment adjustment policy for long-term care hospitals, and for other purposes. 1. Short title This Act may be cited as the Defending Rural Access to Long Term Acute Care Act of 2013 . 2. Exemption from threshold payment adjustment policy for certain long-term care hospitals operating in a single-hospital MSA (a) In general The Secretary of Health and Human Services shall not apply sections 412.534 or 412.536 of title 42, Code of Federal Regulations, to any long-term care hospital operating in a single-hospital MSA (as defined in subsection (b)). (b) Long-Term care hospital operating in a single-Hospital MSA defined In this section, the term long-term care hospital operating in a single-hospital MSA means an entity that meets the following criteria on the date of the enactment of this Act: (1) The entity is a long-term care hospital as defined in section 1861(ccc) of the Social Security Act ( 42 U.S.C. 1395x(ccc) ), but is not a long-term care hospital described in section 1886(d)(1)(B)(iv)(II) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv)(II) ). (2) The entity is located in a Metropolitan Statistical Area (as defined by the Office of Management and Budget in OMB Bulletin 13–01 published February 28, 2013) that has only one subsection (d) hospital (as defined in section 1886(d)(2)(D) of the Social Security Act ( 42 U.S.C. 1395ww(d)(2)(D) ). (c) Effective date Subsection (a) applies to long-term care hospitals for cost reporting periods beginning on or after October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3365ih/xml/BILLS-113hr3365ih.xml

113-hr-3366

I 113th CONGRESS 1st Session H. R. 3366 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Walden introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the release of the property interests retained by the United States in certain land conveyed in 1954 by the United States, acting through the Director of the Bureau of Land Management, to the State of Oregon for the establishment of the Hermiston Agricultural Research and Extension Center of Oregon State University in Hermiston, Oregon. 1. Release of retained interests in Bureau of Land Management land conveyed to the State of Oregon for establishment of Hermiston Agricultural Research and Extension Center (a) Release of retained interests Any reservation or reversionary interest retained by the United States in connection with the conveyance pursuant to the first and second sections of the Act of September 23, 1950 (chapter 1005; 64 Stat. 981) of certain land by the United States to the State of Oregon for the establishment of the Hermiston Agricultural Research and Extension Center of Oregon State University in Hermiston, Oregon, is hereby released without consideration. (b) Instrument of release The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument reflecting the release of retained interests under subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr3366ih/xml/BILLS-113hr3366ih.xml

113-hr-3367

I 113th CONGRESS 1st Session H. R. 3367 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Boustany (for himself and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 9010 of the Patient Protection and Affordable Care Act to delay the application of the health insurance provider annual fee until 2016 and to provide a process to return to consumers any amounts attributable to the expected application of the annual fee to 2014 or 2015. 1. Health insurance provider annual fee delayed until 2016 (a) In general Section 9010 of the Patient Protection and Affordable Care Act is amended— (1) in subsection (a)(1), by striking 2013 and inserting 2015 ; (2) in subsection (e)(1), by striking the entries in the table relating to 2014 and to 2015; and (3) in subsection (j), by striking 2013 and inserting 2015 . (b) Effective date Except as provided in subsection (c), the amendments made by subsection (a) shall take effect as if included in section 9010 of the Patient Protection and Affordable Care Act. (c) Return to consumers of amounts attributable to expected application of annual fee to 2014 and 2015 Notwithstanding any other provision of law, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall issue guidance directing covered entities (as defined for purposes of section 9010 of the Patient Protection and Affordable Care Act) to return any amounts collected from consumers or other sources that were attributed in State filings or otherwise to the annual fee which (as in effect prior to the enactment of this Act) was scheduled to be imposed on such entities under such section for 2014 and 2015. If the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, determines that any such entity has failed to comply with such guidance and such entity does not promptly cure such failure upon notice from the Secretary of the Treasury, the amendments made by this section shall not apply with respect to such entity.

https://www.govinfo.gov/content/pkg/BILLS-113hr3367ih/xml/BILLS-113hr3367ih.xml

113-hr-3368

I 113th CONGRESS 1st Session H. R. 3368 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require employers to provide veterans with time off on Veterans Day. 1. Short Title This Act may be cited as the Veterans Day Off Act . 2. Definitions In this Act: (a) Eligible Employee (1) In General The term eligible employee means an employee who— (A) is a veteran, as that term is defined in section 101 of title 38, United States Code; and (B) has been employed for at least 12 months by the employer with respect to whom leave is requested under section 3. (2) Exclusions The term eligible employee does not include an individual employed by a public agency, as that term is defined in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(3)(e)(2)). (b) Employ; employee The terms employ and employee have the same meanings given such terms in subsections (e) and (g) of section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (e) and (g)). (c) Employer The term employer means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of any employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms commerce and industry or activity affective commerce have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993. (d) Person The term person has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (e) Secretary The term Secretary means the Secretary of Labor. 3. Leave requirement (a) Entitlement to leave (1) In General Except as provided in paragraph (2), an eligible employee shall be entitled to leave on Veterans Day upon request if such employee would otherwise be required to work on Veterans Day. (2) Exceptions An employer may deny leave to an eligible employee if providing leave to the employee would— (A) negatively impact public health or safety; or (B) cause the employer significant economic or operational disruption. (b) Type of leave (1) Unpaid leave permitted Leave granted under subsection (a) may consist of unpaid leave. (2) Substitution of paid leave An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave or personal leave of the employee for leave provided under subsection (a). (c) Duties of Employee Not less than 30 days before the Veterans Day on which leave is requested to be taken, an employee requesting leave under subsection (a) shall provide the employer with the following: (1) Written notice of the employee's intention to take leave under subsection (a). (2) Documentation verifying that the employee is a veteran. (d) Duties of Employer (1) Notice of decision Not less than 10 days before the Veterans Day on which leave is requested to be taken, the employer shall notify an employee requesting leave under subsection (a)— (A) whether the employee shall be provided leave; and (B) if so, whether the leave shall be paid or unpaid. (2) Denial of leave request If an employer receives multiple requests for leave under subsection (a)(1) and denies leave to more than one eligible employee in accordance with subsection (a)(2), the employer should deny leave to the minimum number of eligible employees practicable. 4. Prohibited Acts (a) Interference with rights (1) Exercise of rights It shall be unlawful for any employer to interfere with, restrain, or deny the taking of or the attempt to take, any leave provided under this Act. (2) Discrimination It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this Act. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any leave provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any leave provided under this Act. 5. Investigative Authority The Secretary shall have investigative authority with respect to the provisions of this Act in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993, and the requirements of section 106 of such Act shall apply to employers under this Act in the same manner as such requirements apply to employers under section 106 of such Act. 6. Enforcement The provisions of section 107 of the Family and Medical Leave Act of 1993 shall apply with respect to the enforcement of the requirements of this Act in the same manner and under the same terms and conditions as such provisions apply with respect to the enforcement of the requirements of title I of such Act. 7. Notice (a) In General Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this title Act information pertaining to the filing of a charge. (b) Penalty Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense.

https://www.govinfo.gov/content/pkg/BILLS-113hr3368ih/xml/BILLS-113hr3368ih.xml

113-hr-3369

I 113th CONGRESS 1st Session H. R. 3369 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Costa (for himself, Mr. Bentivolio , Ms. Bordallo , Ms. Chu , Mr. Cicilline , Mr. Connolly , Mr. Cook , Mr. Courtney , Mr. Duffy , Mr. Faleomavaega , Mr. Hanna , Mr. Honda , Mr. Lowenthal , Mr. McNerney , Ms. Meng , Ms. Moore , Mrs. Negrete McLeod , Ms. Norton , Mr. O’Rourke , Mr. Peterson , Mr. Pierluisi , Mr. Poe of Texas , Mr. Ribble , Mr. Richmond , Mr. Ruiz , Mr. Schiff , Ms. Titus , Mr. Welch , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to inter in national cemeteries individuals who supported the United States in Laos during the Vietnam War era. 1. Short title This Act may be cited as the Hmong Veterans’ Service Recognition Act . 2. Eligibility for interment in national cemeteries (a) In general Section 2402(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (10) Any individual— (A) who— (i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 ( Public Law 106–207 ; 8 U.S.C. 1423 note); and (ii) at the time of the individual’s death resided in the United States; or (B) who— (i) the Secretary determines served with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces of the United States at any time during the period beginning February 28, 1961, and ending May 7, 1975; and (ii) at the time of the individual’s death— (I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (II) resided in the United States. . (b) Effective date The amendment made by this Act shall apply with respect to an individual dying on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3369ih/xml/BILLS-113hr3369ih.xml

113-hr-3370

I 113th CONGRESS 1st Session H. R. 3370 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Grimm (for himself, Ms. Waters , Mr. Richmond , Mr. Olson , Mr. Palazzo , Mr. Cassidy , Ms. Matsui , Mr. Cramer , Mr. Keating , Ms. Ros-Lehtinen , Ms. Brown of Florida , Mr. Hinojosa , Mr. Meeks , Mr. McIntyre , Mr. Nadler , Mr. Nugent , Mr. Scott of Virginia , Mr. Langevin , Mr. Crowley , Ms. Moore , Mr. Thompson of Pennsylvania , Mr. Jones , Mr. Welch , Mr. Enyart , Mr. LoBiondo , Mr. Lynch , Mr. Carney , Mr. Scalise , Mr. Culberson , Ms. Castor of Florida , Mr. Garcia , Ms. Frankel of Florida , Ms. Velázquez , Ms. Schakowsky , Mr. King of New York , Mr. Pascrell , Mrs. Carolyn B. Maloney of New York , Ms. Wilson of Florida , Mr. Vela , Mr. Stockman , Mr. Boustany , Mr. Fitzpatrick , Mr. Rodney Davis of Illinois , Mr. Perlmutter , Mr. Whitfield , Mr. McNerney , Mr. Murphy of Florida , Mr. Ellison , Mr. Diaz-Balart , Mrs. Ellmers , Mr. Gene Green of Texas , Mr. Buchanan , Mr. Andrews , Mr. Cleaver , Mr. Deutch , Mr. Garamendi , Ms. Jackson Lee , Mr. Jeffries , Mr. Clay , Mrs. McCarthy of New York , Ms. Pingree of Maine , Ms. Tsongas , Ms. Wasserman Schultz , Mr. David Scott of Georgia , Mr. Harper , Mr. Maffei , Mr. Sires , Mr. Connolly , Mr. Polis , Mr. Pallone , Mr. Kennedy , Ms. Loretta Sanchez of California , Mr. Schrader , Mr. Bishop of New York , Ms. Slaughter , Mr. Gutiérrez , Ms. DeGette , Mr. Danny K. Davis of Illinois , Mr. Al Green of Texas , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To delay the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012, and for other purposes. 1. Short title This Act may be cited as the Homeowner Flood Insurance Affordability Act of 2013 . 2. Definitions As used in this Act, the following definitions shall apply: (1) Adjusted base flood elevation For purposes of rating a floodproofed covered structure, the term adjusted base flood elevation means the base flood elevation for a covered structure on the applicable effective flood insurance rate map, plus 1 foot. (2) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (3) Affordability authority bill The term affordability authority bill means a non-amendable bill that if enacted would only grant the Administrator the authority necessary to promulgate regulations in accordance with the criteria set forth in section 3(d)(2). (4) Affordability study The term affordability study means the study required under section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 957). (5) Applicable flood plain management measures The term applicable flood plain management measures means flood plain management measures adopted by a community under section 60.3(c) of title 44, Code of Federal Regulations. (6) Covered structure The term covered structure means a residential structure— (A) that is located in a community that has adopted flood plain management measures that are approved by the Federal Emergency Management Agency and that satisfy the requirements for an exception for floodproofed residential basements under section 60.6(c) of title 44, Code of Federal Regulations; and (B) that was built in compliance with the applicable flood plain management measures. (7) Draft affordability framework The term draft affordability framework means the draft programmatic and regulatory framework required to be prepared by the Administrator and submitted to Congress under section 3(d) addressing the issues of affordability of flood insurance sold under the National Flood Insurance Program, including issues identified in the affordability study. (8) Floodproofed elevation The term floodproofed elevation means the height of floodproofing on a covered structure, as identified on the Residential Basement Floodproofing Certificate for the covered structure. (9) National Flood Insurance Program The term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). 3. Delayed implementation of flood insurance rate increases; draft affordability framework (a) Delayed implementation of flood insurance rate increases (1) Grandfathered properties Beginning on the date of enactment of this Act, the Administrator may not increase risk premium rates for flood insurance for any property located in an area subject to the premium adjustment required under section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) ). (2) Pre-firm properties Beginning on the date of enactment of this Act, the Administrator may not reduce the risk premium rate subsidies for flood insurance for any property— (A) described under section 1307(g)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(1) ); or (B) described under 1307(g)(3) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(3) ), provided that the decision of the policy holder to permit a lapse in flood insurance coverage was as a result of the property no longer being required to retain such coverage. (3) Expiration The prohibitions set forth under paragraphs (1) and (2) shall expire 6 months after the later of— (A) the date on which the Administrator proposes the draft affordability framework; (B) the date on which any regulations proposed pursuant to the authority that the Administrator is granted in the affordability authority bill, if such bill is enacted, become final; or (C) the date on which the Administrator certifies in writing to Congress that the Federal Emergency Management Agency has implemented a flood mapping approach that utilizes sound scientific and engineering methodologies to determine varying levels of flood risk in all areas participating in the National Flood Insurance Program. (b) Property sale trigger Section 1307(g)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(2) ) is amended to read as follows: (2) any property purchased after the expiration of the 6-month period set forth under section 3(a)(3) of the Homeowner Flood Insurance Affordability Act of 2013 ; . (c) Treatment of Pre-FIRM properties Beginning on the date of enactment of this Act and ending upon the expiration of the 6-month period set forth under subsection (a)(3), the Administrator shall restore the risk premium rate subsidies for flood insurance estimated under section 1307(a)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(2) ) for any property described in subparagraphs (A) and (B) of subsection (a)(2) of this Act and in section 1307(g)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(2) ). (d) Draft affordability framework (1) In general The Administrator shall prepare a draft affordability framework that proposes to address, via programmatic and regulatory changes, the issues of affordability of flood insurance sold under the National Flood Insurance Program, including issues identified in the affordability study. (2) Criteria In carrying out the requirements under paragraph (1), the Administrator shall consider the following criteria: (A) Accurate communication to consumers of the flood risk associated with their property. (B) Targeted assistance to flood insurance policy holders based on their financial ability to continue to participate in the National Flood Insurance Program. (C) Individual or community actions to mitigate the risk of flood or lower the cost of flood insurance. (D) The impact of increases in risk premium rates on participation in the National Flood Insurance Program. (E) The impact flood insurance rate map updates have on the affordability of flood insurance. (3) Deadline for submission Not later than 18 months after the date on which the Administrator submits the affordability study, the Administrator shall submit to the full Committee on Banking, Housing, and Urban Affairs and the full Committee on Appropriations of the Senate and the full Committee on Financial Services and the full Committee on Appropriations of the House of Representatives the draft affordability framework. (e) Congressional consideration of FEMA affordability authorities (1) No referral Upon introduction in either House of Congress, an affordability authority bill shall not be referred to a committee and shall immediately be placed on the calendar. (2) Consideration in the House of Representatives (A) Proceeding to consideration It shall be in order to move to proceed to consider the affordability authority bill in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the affordability authority bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (B) Consideration The affordability authority bill shall be considered as read. All points of order against the affordability authority bill and against its consideration are waived. The previous question shall be considered as ordered on the affordability authority bill to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the affordability authority bill shall not be in order. (3) Consideration in the Senate (A) Placement on the calendar Upon introduction in the Senate, an affordability authority bill shall be immediately placed on the calendar. (B) Floor consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, at any time beginning on the day after the 6th day after the date of introduction of an affordability authority bill (even if a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the affordability authority bill and all points of order against consideration of the affordability authority bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the affordability authority bill is agreed to, the affordability authority bill shall remain the unfinished business until disposed of. (C) Consideration All points of order against the affordability authority bill are waived. Consideration of the affordability authority bill and of all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on the affordability authority bill is in order, and is not debatable. (D) No amendments An amendment to the affordability authority bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to commit or recommit the affordability authority bill, is not in order. (E) Vote on passage If the Senate has voted to proceed to the affordability authority bill, the vote on passage of the affordability authority bill shall occur immediately following the conclusion of consideration of the affordability authority bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (4) Amendment The affordability authority bill shall not be subject to amendment in either the House of Representatives or the Senate. (5) Consideration by the other House (A) In general If, before passing the affordability authority bill, one House receives from the other an affordability authority bill— (i) the affordability authority bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no affordability authority bill had been received from the other House except that the vote on passage shall be on the affordability authority bill of the other House. (B) Revenue measure This subsection shall not apply to the House of Representatives if the affordability authority bill received from the Senate is a revenue measure. (6) Coordination with action by other house (A) Treatment of affordability authority bill of other house If the Senate fails to introduce or consider a affordability authority bill under this section, the affordability authority bill of the House shall be entitled to expedited floor procedures under this section. (B) Treatment of companion measures in the senate If following passage of the affordability authority bill in the Senate, the Senate then receives the affordability authority bill from the House of Representatives, the House-passed affordability authority bill shall not be debatable. (C) Vetoes If the President vetoes the affordability authority bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (7) Rules of the House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an affordability authority bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change its rules at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (f) Interagency agreements The Administrator may enter into an agreement with another Federal agency to— (1) complete the affordability study; or (2) prepare the draft affordability framework. (g) Clear communications The Administrator shall clearly communicate full flood risk determinations to individual property owners regardless of whether their premium rates are full actuarial rates. (h) Rule of construction Nothing in this section shall be construed to provide the Administrator with the authority to provide assistance to homeowners based on affordability that was not available prior to the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916). 4. Affordability study and report Notwithstanding the deadline under section 100236(c) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 957), not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the full Committee on Banking, Housing, and Urban Affairs and the full Committee on Appropriations of the Senate and the full Committee on Financial Services and the full Committee on Appropriations of the House of Representatives the affordability study and report required under such section. 5. Affordability study funding Section 100236(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 957) is amended by striking not more than $750,000 and inserting such amounts as may be necessary . 6. Funds to reimburse homeowners for successful map appeals (a) In general Section 1363(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104(f) ) is amended by striking the second sentence and inserting the following: The Administrator may use such amounts from the National Flood Insurance Fund established under section 1310 as may be necessary to carry out this subsection. . (b) Conforming amendment Section 1310(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(a) ) is amended— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) for carrying out section 1363(f). . 7. Flood protection systems (a) Adequate progress on construction of flood protection systems Section 1307(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) ) is amended— (1) in the first sentence, by inserting or reconstruction after construction ; (2) by amending the second sentence to read as follows: The Administrator shall find that adequate progress on the construction or reconstruction of a flood protection system, based on the present value of the completed flood protection system, has been made only if (1) 100 percent of the cost of the system has been authorized, (2) at least 60 percent of the cost of the system has been appropriated, (3) at least 50 percent of the cost of the system has been expended, and (4) the system is at least 50 percent completed. ; and (3) by adding at the end the following: Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall consider all sources of funding, including Federal, State, and local funds. . (b) Communities restoring disaccredited flood protection systems Section 1307(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) ) is amended by amending the first sentence to read as follows: Notwithstanding any other provision of law, this subsection shall apply to riverine and coastal levees that are located in a community which has been determined by the Administrator of the Federal Emergency Management Agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. . 8. Treatment of floodproofed residential basements Notwithstanding the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916), the amendments made by that Act, or any other provision of law, the Administrator shall rate a covered structure using the elevation difference between the floodproofed elevation of the covered structure and the adjusted base flood elevation of the covered structure. 9. Designation of flood insurance advocate (a) In general The Administrator shall designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. (b) Duties and responsibilities The duties and responsibilities of the Flood Insurance Advocate designated under subsection (a) shall be to— (1) educate property owners and policyholders under the National Flood Insurance Program on— (A) individual flood risks; (B) flood mitigation; (C) measures to reduce flood insurance rates through effective mitigation; and (D) the flood insurance rate map review and amendment process; (2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks; (3) assist in the development of regional capacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions; (4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and (5) aid potential policy holders under the National Flood Insurance Program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy. (c) Authorization of appropriations There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the duties and responsibilities of the Flood Insurance Advocate.

https://www.govinfo.gov/content/pkg/BILLS-113hr3370ih/xml/BILLS-113hr3370ih.xml

113-hr-3371

I 113th CONGRESS 1st Session H. R. 3371 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Hinojosa (for himself and Mr. Castro of Texas ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To exempt certain education loans made by States from certain preferred lender requirements under the Higher Education Act of 1965. 1. Short title This Act may be cited as the State Loan Access and Student Protection Act . 2. Exception for certain education loans made by States Section 487(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(h) ) is amended— (1) in paragraph (1)(B)— (A) in clause (i), by striking and at the end; (B) by inserting and at the end of clause (ii); and (C) by inserting after clause (ii), the following: (iii) in the case of education loans made by a State (and whose terms and conditions are established by the State), which are recommended, promoted, or endorsed by the institution, and that do not meet the requirement of clause (i) with respect to having not less than two lenders of such loans who are not affiliates of each other included on the preferred lender list— (I) the institution’s only actions to recommend, promote, or endorse such loans are— (aa) informing students and the families of such students about such loans; and (bb) providing financial aid packages that include such loans to students who have previously been awarded such loans; (II) the terms and conditions of such loans (including interest rates, fees, available repayment and forgiveness options, and such other information as the Secretary determines necessary) are— (aa) using the form developed by the Secretary under paragraph (3), disclosed to the borrower and compared to the terms and conditions of a loan made under part D; and (bb) at least as favorable to borrowers as the terms and conditions of a loan under made under part D, as determined in accordance with such criteria as may be established by the Secretary; and (III) the institution prominently discloses to borrowers the methods and criteria used by the institution to select such loans for the recommendation, promotion, or endorsement described in clause (I). ; and (2) by adding at the end the following: (3) Comparison form Not later than 6 months after the date of the enactment of the State Loan Access and Student Protection Act, the Secretary shall develop a form for the purposes of the disclosure and comparison required under paragraph (1)(B)(iii)(II)(aa). (4) Rule of construction Nothing in this subsection shall be construed to require an institution to carry out the actions described in items (aa) and (bb) of paragraph (1)(B)(iii)(I). . 3. Inapplicability of title IV negotiated rulemaking requirement and master calendar exception Sections 482(c) and 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1089(c) , 1098a) shall not apply to the amendments made by section 2, or to any regulations promulgated under those amendments. 4. Effective date The amendments made by section 2(1) shall be effective with respect to academic year 2014–2015 and each succeeding academic year.

https://www.govinfo.gov/content/pkg/BILLS-113hr3371ih/xml/BILLS-113hr3371ih.xml

113-hr-3372

I 113th CONGRESS 1st Session H. R. 3372 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Honda introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide a process for ensuring the United States does not default on its obligations. 1. Short title This Act may be cited as the Pay Our Bills Act . 2. Additional Presidential modification of the debt ceiling (a) In general Subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended— (1) in section 3101(b), by inserting or 3101B after section 3101A ; and (2) by inserting after section 3101A the following: 3101B. Additional Presidential modification of the debt ceiling (a) In general (1) Certification If the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit under section 3101(b) and that further borrowing, in an amount specified in the certification, is required to meet existing commitments, the Secretary of the Treasury may, unless a joint resolution of disapproval is enacted pursuant to this section, exercise authority to borrow an additional amount equal to the amount specified in the certification. (2) Resolution of disapproval Congress may consider a joint resolution of disapproval of the authority under paragraph (1) as provided in subsections (c) through (g). If the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section, the debt limit is increased by the amount authorized under paragraph (1). (b) Suspension (1) In general Section 3101(b) shall not apply for the period beginning on the date on which the President submits to Congress a certification under subsection (a) and ending on the earlier of— (A) the date that is 15 calendar days after Congress receives the certification, determined in accordance with subsection (g)(4)(A); or (B) the date of enactment of a joint resolution disapproving the President’s exercise of authority with respect to the debt limit under that certification. (2) Special rule relating to obligations issued during suspension period Effective on the day after the applicable date described in paragraph (1), the limitation in section 3101(b), as increased under any provision of law, is increased to the extent that— (A) the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on the calendar day after the date described in paragraph (1) of this subsection, exceeds (B) the face amount of such obligations outstanding on the date on which the President submits the applicable certification. An obligation shall not be taken into account under subparagraph (A) unless the issuance of such obligation was necessary to fund a commitment incurred by the Federal Government that required payment before the day after the applicable date described in paragraph (1). (c) Joint resolution of disapproval (1) In general Except as provided in subsection (b)(2), the debt limit shall not be increased under this section if, within 15 calendar days after Congress receives the certification described in subsection (a)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President’s exercise of authority with respect to such increase. (2) Contents of joint resolution For the purpose of this section, the term joint resolution means only a joint resolution— (A) that is introduced between the date a certification described in subsection (a)(1) is received and 3 calendar days after that date; (B) which does not have a preamble; (C) the title of which is only as follows: Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit, as submitted under section 3101B of title 31, United States Code, on ______ (with the blank containing the date of such submission); and (D) the matter after the resolving clause of which is only as follows: That Congress disapproves of the President’s exercise of authority to increase the debt limit, as exercised pursuant to the certification submitted under section 3101B(a) of title 31, United States Code, on ______. (with the blank containing the date of such submission). (d) Expedited consideration in House of Representatives (1) Reconvening Upon receipt of a certification described in subsection (a)(1), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such certification. (2) Reporting and discharge Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (3) Proceeding to consideration After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. An amendment to the joint resolution or a motion to reconsider the vote on passage of the joint resolution shall not be in order. (e) Expedited procedure in Senate (1) Reconvening Upon receipt of a certification under subsection (a)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. (2) Placement on calendar Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. (3) Floor consideration (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under subsection (a)(1) and ending on the sixth day after the date of introduction of a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Consideration Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (C) Vote on passage If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (f) Amendment not in order A joint resolution of disapproval considered pursuant to this section shall not be subject to amendment in either the House of Representatives or the Senate. (g) Coordination with action by other house (1) In general If, before passing the joint resolution, one House receives from the other a joint resolution— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Consideration after passage (A) In general If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (b)(1) or subsection (c)(1). (B) Debate Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (5) Veto override If within the calendar day period described in subsection (c)(1), Congress overrides a veto of a joint resolution, except as provided in subsection (b)(2), the limit on debt provided in section 3101(b) shall not be raised under this section. (h) Rules of House of Representatives and Senate This subsection and subsections (c), (d), (e), (f), and (g) are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . (b) Conforming amendment The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following: 3101B. Additional Presidential modification of the debt ceiling. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3372ih/xml/BILLS-113hr3372ih.xml

113-hr-3373

I 113th CONGRESS 1st Session H. R. 3373 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit incurring further obligations with respect to the healthcare.gov website without offsetting savings. 1. Short title This Act may be cited as the Healthcare.gov Spending Accountability Act . 2. Requiring offsetting savings before incurring any additional obligations for the healthcare.gov website (a) In general Notwithstanding any other provision of law, no Federal official, including the Secretary of Health and Human Services, may incur any obligations on or after the date of the enactment of this Act with respect to the repair or maintenance of the healthcare.gov website, unless and until— (1) the President submits to Congress proposed reductions in Affordable Care Act Federal spending described in subsection (b) that are commensurate with the amount of obligations to be so incurred; and (2) the Congress enacts a law effecting spending reductions commensurate with the amount of obligations to be so incurred. (b) Affordable Care Act Federal spending For purposes of subsection (a), Affordable Care Act Federal spending is Federal spending to carry out the provisions of, including amendments made by, the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3373ih/xml/BILLS-113hr3373ih.xml

113-hr-3374

I 113th CONGRESS 1st Session H. R. 3374 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Kilmer (for himself, Mr. Cotton , and Ms. Tsongas ) 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 provide for the use of savings promotion raffle products by financial institutions to encourage savings, and for other purposes. 1. Short title This Act may be cited as the American Savings Promotion Act . 2. Findings Congress finds that— (1) the annual savings rate in the United States was 4.1 percent in 2012; (2) more than 40 percent of American households lack the savings to cover basic expenses for 3 months, if an unexpected event leads to a loss of stable income; (3) personal savings provide Americans with the financial resources to meet future needs, including higher education and homeownership, while also providing a safety net to weather unexpected financial shocks; (4) prize-linked savings products are typical savings products offered by financial institutions, like savings accounts, certificates of deposit, and savings bonds, with the added feature of offering chances to win prizes based on deposit activity; (5) the State of Michigan was the first State to allow credit unions to offer prize-linked savings products, and in 2009 launched the first large-scale prize-linked savings product in the United States; (6) the States of Connecticut, Michigan, Maine, Maryland, Nebraska, North Carolina, Rhode Island, and Washington all have laws that allow financial institutions to offer prize-linked savings products; (7) in the States of Michigan and Nebraska, more than 42,000 individuals have opened prize-linked savings accounts and saved more than $72,000,000; (8) prize-linked savings products have been shown to successfully attract non-savers, the asset poor, and low-to-moderate income groups, providing individuals with a new tool to build personal savings; and (9) encouraging personal savings is in the national interest of the United States. 3. Amendment to definitions of lottery (a) National banks Section 5136B(c) of the Revised Statutes of the United States ( 12 U.S.C. 25a(c) ) is amended— (1) in paragraph (2), by inserting , other than a savings promotion raffle, before whereby ; and (2) by adding at the end the following: (4) The term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). . (b) Federal reserve banks Section 9A(c) of the Federal Reserve Act ( 12 U.S.C. 339(c) ) is amended— (1) in paragraph (2), by inserting , other than a savings promotion raffle, before whereby ; and (2) by adding at the end the following: (4) The term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). . (c) Insured depository institutions Section 20(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1829a(c) ) is amended— (1) in paragraph (2), by inserting , other than a savings promotion raffle, before whereby ; and (2) by adding at the end the following: (4) The term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). . (d) Federal savings and loan associations Section 4(e)(3) of the Home Owners' Loan Act ( 12 U.S.C. 1463(e)(3) ) is amended— (1) in subparagraph (B), by inserting , other than a savings promotion raffle, after arrangement ; and (2) by adding at the end the following: (D) Savings promotion raffle The term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). . 4. Criminal provisions (a) In general Chapter 61 of title 18, United States Code, is amended by adding at the end the following: 1308. Limitation of applicability (a) Limitation of applicability Sections 1301, 1302, 1303, 1304, and 1306 shall not apply— (1) to a savings promotion raffle conducted by an insured depository institution or an insured credit union; or (2) to any activity conducted in connection with any such savings promotion raffle, including, without limitation, to the— (A) transmission of any advertisement, list of prizes, or other information concerning the savings promotion raffle; (B) offering, facilitation, and acceptance of deposits, withdrawals, or other transactions in connection with the savings promotion raffle; (C) transmission of any information relating to the savings promotion raffle, including account balance and transaction information; and (D) deposit or transmission of prizes awarded in the savings promotion raffle as well as notification or publication thereof. (b) Definitions In this section— (1) the term insured credit union shall have the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); (2) the term insured depository institution shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (3) the term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). . (b) Technical and conforming amendment The table of sections for chapter 61 of title 18, United States Code, is amended by adding after the item relating to section 1307 the following: 1308. Limitation of applicability. . 5. Racketeering Chapter 95 of title 18, United States Code, is amended— (1) in section 1952, by adding at the end the following: (e) (1) This section shall not apply to a savings promotion raffle conducted by an insured depository institution or an insured credit union. (2) In this subsection— (A) the term insured credit union shall have the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); (B) the term insured depository institution shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (C) the term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). ; (2) in section 1953— (A) in subsection (b), by striking or (5) and inserting (5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6) ; and (B) by striking subsections (d) and (e) and inserting the following: (d) For purposes of this section— (1) the term foreign country means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions); (2) the term insured credit union shall have the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); (3) the term insured depository institution shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); (4) the term lottery — (A) means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers; and (B) does not include the placing or accepting of bets or wagers on sporting events or contests; (5) the term savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )); and (6) the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ; and (3) in section 1955— (A) in subsection (b)— (i) by redesignating paragraph (2) as paragraph (4); (ii) by redesignating paragraph (3) as paragraph (6); (iii) by inserting after paragraph (1) the following: (2) insured credit union shall have the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). (3) insured depository institution shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). ; and (iv) by inserting after paragraph (4), as redesignated, the following: (5) savings promotion raffle means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3374ih/xml/BILLS-113hr3374ih.xml

113-hr-3375

I 113th CONGRESS 1st Session H. R. 3375 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Lamborn (for himself, Ms. DeGette , Mr. Polis , Mr. Tipton , Mr. Gardner , Mr. Coffman , and Mr. Perlmutter ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the community-based outpatient clinic of the Department of Veterans Affairs to be constructed at 3141 Centennial Boulevard, Colorado Springs, Colorado, as the PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic . 1. PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic (a) Designation The community-based outpatient clinic of the Department of Veterans Affairs to be constructed at 3141 Centennial Boulevard, Colorado Springs, Colorado, shall be known and designated as the PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic . (b) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic .

https://www.govinfo.gov/content/pkg/BILLS-113hr3375ih/xml/BILLS-113hr3375ih.xml

113-hr-3376

I 113th CONGRESS 1st Session H. R. 3376 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Long (for himself, Mr. Meehan , Mr. Calvert , and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide a 12-month exemption from the health insurance mandate for individuals whose employer-sponsored health plan coverage or individual health insurance coverage is terminated for a plan year beginning during 2014, and for other purposes. 1. Short title This Act may be cited as the Fairness for Lost Coverage Act of 2013 . 2. 12-month exemption from ACA mandate for individuals who lose health plan or insurance coverage for the plan year beginning during 2014 (a) In general Notwithstanding any other provision of law, in the case of an applicable individual (as defined in subsection (b)), none of the 12 months beginning with the first month of the loss of coverage described in subsection (b)(2) shall be taken into account in applying section 5000A of the Internal Revenue Code of 1986. (b) Applicable individual defined In subsection (a), the term applicable individual means an individual who— (1) has coverage (whether as a principal or dependent of another individual) under an employer-sponsored health plan or individual health insurance coverage for the last month of a plan year beginning during 2013; and (2) loses such coverage beginning with the first month of the subsequent plan year because of the termination of such plan or insurance coverage and not because of the termination or change of employment of the individual or the individual’s failure to pay premiums or other reasons within the control of the individual.

https://www.govinfo.gov/content/pkg/BILLS-113hr3376ih/xml/BILLS-113hr3376ih.xml

113-hr-3377

I 113th CONGRESS 1st Session H. R. 3377 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Thornberry introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To clarify the definition of navigable waters, and for other purposes. 1. Short title This Act may be cited as the Defense of Environment and Property Act of 2013 . 2. Navigable waters (a) In general Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by striking paragraph (7) and inserting the following: (7) Navigable waters (A) In general The term navigable waters means the waters of the United States, including the territorial seas, that are— (i) navigable-in-fact; or (ii) permanent or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. (B) Exclusions The term navigable waters does not include (including by regulation)— (i) waters that— (I) do not physically abut waters described in subparagraph (A); and (II) lack a continuous surface water connection to navigable waters; (ii) man-made or natural structures or channels— (I) through which water flows intermittently or ephemerally; or (II) that periodically provide drainage for rainfall; or (iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. (C) EPA and Corps activities An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. (D) Aggregation; wetlands (i) Aggregation Aggregation of wetlands or waters not described in clauses (i) through (iii) of subparagraph (B) shall not be used to determine or assert Federal jurisdiction. (ii) Wetlands Wetlands described in subparagraph (B)(iii) shall not be considered to be under Federal jurisdiction. (E) Judicial review If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. (F) Treatment of ground water Ground water shall— (i) be considered to be State water; and (ii) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. (G) Prohibition on use of nexus test Notwithstanding any other provision of law, the Administrator may not use a significant nexus test (as used by EPA in the proposed document listed in section 3(a)(1)) to determine Federal jurisdiction over navigable waters and waters of the United States. . (b) Applicability Nothing in this section or the amendments made by this section affects or alters any exemption under— (1) section 402(l) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(l) ); or (2) section 404(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f) ). 3. Applicability of agency regulations and guidance (a) In general The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled Final Rule for Regulatory Programs of the Corps of Engineers (51 Fed. Reg. 41206 (November 13, 1986)). (2) The proposed rule of the Environmental Protection Agency entitled Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of Waters of the United States (68 Fed. Reg. 1991 (January 15, 2003)). (3) The guidance document entitled Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States (December 2, 2008) (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. )). (4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term navigable waters . (b) Prohibition The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. 4. State regulation of water Nothing in this Act affects, amends, or supersedes— (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 5. Consent for entry by Federal representatives Section 308 of the Federal Water Pollution Control Act ( 33 U.S.C. 1318 ) is amended by striking subsection (a) and inserting the following: (a) In general (1) Entry by Federal agency A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property— (A) has consented to the entry in writing; (B) is notified regarding the date of the entry; and (C) is given access to any data collected from the entry. (2) Access If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out. . 6. Compensation for regulatory taking (a) In general If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the agency. (c) Applicability A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr3377ih/xml/BILLS-113hr3377ih.xml

113-hr-3378

I 113th CONGRESS 1st Session H. R. 3378 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Welch (for himself and Mr. Gibbs ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the nonbusiness energy property credit to include the insulation component of insulated siding. 1. Nonbusiness energy property to include insulation component of insulated siding (a) In general Paragraph (2) of section 25C(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , and , and by adding at the end the following new subparagraph: (E) the insulation portion of any building cladding system (including vinyl siding with integral insulating material) that has a minimum thermal resistance of R–2. . (b) Dollar limitation Subsection (b) of section 25C(b) of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Certain insulation In the case of amounts paid or incurred for components described in subsection (c)(2)(E) by any taxpayer for any taxable year, the credit allowed under this section with respect to such amounts for such year shall not exceed the excess (if any) of $250 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2005. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3378ih/xml/BILLS-113hr3378ih.xml

113-hr-3379

I 113th CONGRESS 1st Session H. R. 3379 IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 14, United States Code, to authorize the Commandant of the Coast Guard to lease tidelands and submerged lands under the control of the Coast Guard for periods longer than 5 years. 1. Short title This Act may be cited as the Federal Submerged Lands Transportation Development Act . 2. Lease of tidelands and submerged lands under control of the Coast Guard for periods longer than 5 years Section 93 of title 14, United States Code, is amended by adding at the end the following new subsection: (f) Lease of tidelands and submerged lands (1) Notwithstanding subsection (a)(13), a lease described in paragraph (2) may be for such term in excess of 5 years as the Commandant considers appropriate. (2) A lease referred to in paragraph (1) is a lease of the following: (A) Tidelands under the control of the Coast Guard. (B) Submerged lands under the control of the Coast Guard. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3379ih/xml/BILLS-113hr3379ih.xml

113-hr-3380

I 113th CONGRESS 1st Session H. R. 3380 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Rahall introduced the following bill; which was referred to the Committee on Financial Services A BILL To delay any increases in premium rates for flood insurance coverage under the National Flood Insurance Program until the Federal Emergency Management Agency completes a comprehensive review and updating of all flood insurance rate maps and the Army Corps of Engineers reviews and certifies that such maps include all flood mitigation and flood control projects completed by the Corps. 1. Congressional findings The Congress finds that the Administrator of the Federal Emergency Management Agency has the duty, pursuant to section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b ) and section 1360(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101(f) ), to review and update the flood insurance rate maps under the National Flood Insurance Program. 2. Delay of flood insurance rate increases (a) In general Notwithstanding any other provision of law, the risk premium rates for flood insurance coverage made available under the National Flood Insurance Program shall not be increased from such rates in effect as of September 30, 2013, until— (1) the Administrator of the Federal Emergency Management Agency completes a first comprehensive review and updating of all flood insurance rate maps for such Program under section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b ) initiated after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012; and (2) the Secretary of the Army, acting through the Chief of Engineers, reviews and certifies that such rate maps accurately reflect all flood mitigation and flood control projects completed within the affected watershed by the Army Corps of Engineers as of the date on which such rate maps were reviewed and updated as required by paragraph (1). (b) Effective date; refund of excess premium charges collected The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916) and the Administrator of the Federal Emergency Management Agency shall refund to insureds any premiums for flood insurance coverage under the National Flood Insurance Program collected in excess of the rates required under subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr3380ih/xml/BILLS-113hr3380ih.xml

113-hr-3381

I 113th CONGRESS 1st Session H. R. 3381 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Rogers of Michigan introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To authorize appropriations for fiscal year 2014 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2014 . I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2014, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. __ of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability to committees of Congress The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2014 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2014 the sum of $__________. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized __ full-time or full-time equivalent personnel as of September 30, 2014. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2014 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2015. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2014, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2014 the sum of $514,000,000. III General provisions 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3381ih/xml/BILLS-113hr3381ih.xml

113-hr-3382

I 113th CONGRESS 1st Session H. R. 3382 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Labrador (for himself, Mr. Scott of Virginia , Mr. Conyers , Mr. Johnson of Georgia , Mr. Richmond , Mr. Bachus , Mr. Cohen , Mr. Jeffries , and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To focus limited Federal resources on the most serious offenders. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2013 . 2. Applicability of statutory minimums Section 3553(f)(1) of title 18, United States Code, is amended by striking defendant and all that follows through point and inserting criminal history category for the defendant is not higher than category 2 . 3. Clarification of applicability of the Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ; 124 Stat. 2372), that was committed before August 3, 2010. (b) Defendants previously sentenced A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ; 124 Stat. 2372) were in effect at the time the covered offense was committed. (c) Limitations No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 ; 124 Stat. 2372) or if a motion made under this section to reduce the sentence was previously denied. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section. 4. Sentencing modifications for certain drug offenses (a) Controlled Substances Act Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended— (1) in subparagraph (A), in the flush text following clause (viii)— (A) by striking 10 years or more and inserting 5 years or more ; and (B) by striking such person shall be sentenced to a term of imprisonment which may not be less than 20 years and and inserting such person shall be sentenced to a term of imprisonment which may not be less than 10 years and ; and (2) in subparagraph (B), in the flush text following clause (viii)— (A) by striking 5 years and inserting 2 years ; and (B) by striking not be less than 10 years and inserting not be less than 5 years . (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by striking not less than 10 years and inserting not less than 5 years ; and (B) by striking such person shall be sentenced to a term of imprisonment of not less than 20 years and inserting such person shall be sentenced to a term of imprisonment of not less than 10 years ; and (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by striking 5 years and inserting 2 years ; and (B) by striking 10 years and inserting 5 years . 5. Directive to the Sentencing Commission (a) Directive to Sentencing Commission Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ) or section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) to ensure that the guidelines and policy statements are consistent with the amendments made by sections 2 and 4 of this Act and reflect the intent of Congress that such penalties be decreased in accordance with the amendments made by section 4 of this Act. (b) Considerations In carrying out this section, the United States Sentencing Commission shall consider— (1) the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, to formulate the sentencing guidelines in such a way as to minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons ; (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency authority The United States Sentencing Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 6. Report by Attorney General Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending.

https://www.govinfo.gov/content/pkg/BILLS-113hr3382ih/xml/BILLS-113hr3382ih.xml

113-hr-3383

I 113th CONGRESS 1st Session H. R. 3383 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Esty introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend to all veterans with a serious service-connected injury eligibility to participate in the family caregiver services program. 1. Short title This Act may be cited as the Caregivers Expansion and Improvement Act of 2013 . 2. Extension to all veterans with a serious service-connected disability of eligibility for participation in family caregiver program Section 1720G(a)(2)(B) of title 38, United States Code, is amended by striking on or after September 11, 2001 .

https://www.govinfo.gov/content/pkg/BILLS-113hr3383ih/xml/BILLS-113hr3383ih.xml

113-hr-3384

I 113th CONGRESS 1st Session H. R. 3384 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Bentivolio (for himself, Mr. Stockman , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to ensure that veterans may attend pre-apprenticeship programs using certain educational assistance provided by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans’ Entry to Apprenticeship Act . 2. Programs of pre-apprenticeship (a) In general Chapter 36 of title 38, United States Code, is amended by adding after section 3687 the following new section: 3687A. Programs of pre-apprenticeship (a) In general Subject to subsection (b), and except as provided by subsection (c), the Secretary shall treat a pre-apprenticeship program as a program of apprenticeship for purposes of providing educational assistance. (b) Approval of pre-Apprenticeship program A pre-apprenticeship program may be covered under subsection (a) if the program— (1) is recognized under or compliant with any standards for a postsecondary pre-apprenticeship program required by the State in which the program is located; or (2) if a State does not require any such standards for the program— (A) the curriculum of the program is approved by a sponsor and the sponsor certifies to the Secretary that the program will prepare an individual with skills and competencies needed to enroll in a registered apprenticeship program; and (B) the program maintains conduct and attendance policies in accordance with a sponsor. (c) Benefits The educational assistance received by a covered individual enrolled in a pre-apprenticeship program under subsection (a) shall be equal to the amount and kind of such assistance received by the individual if the individual were enrolled in a program of apprenticeship, except that if the individual is not paid as part of such program, each monthly allowance for housing payable to the individual under such assistance shall be an amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the pre-apprenticeship program. (d) Charge to entitlement The entitlement of a covered individual pursuing a pre-apprenticeship program under subsection (a) shall be charged at a rate equal to the rate charged if the program were a program of apprenticeship. (e) Definitions In this section: (1) The term covered individual means an individual who is— (A) entitled to educational assistance; and (B) seeking to use such assistance for a program of apprenticeship. (2) The term educational assistance means educational assistance provided under chapter 30, 32, 33, 34, or 35 of this title or chapter 1606 of title 10. (3) The term pre-apprenticeship program means a program or set of objectives— (A) designed to prepare individuals to enter and succeed in a registered apprenticeship program; and (B) that has a documented partnership with at least one sponsor. (4) The term registered apprenticeship program means an apprenticeship program registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (popularly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ). (5) The term sponsor , with respect to a pre-apprenticeship program, means an entity that formally supports the pre-apprenticeship program, including— (A) a registered apprenticeship program; (B) a department or agency of a State or local government; (C) an institution of higher learning; or (D) any other public, private, or nonprofit entity that the Secretary determines to be a sponsor for purposes of this section. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3687 the following new item; 3687A. Programs of pre-apprenticeship . (c) Effective date Section 3687A of title 38, United States Code, as added by subsection (a), shall apply with respect to an individual who enrolls in a program of pre-apprenticeship described in such section beginning on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3384ih/xml/BILLS-113hr3384ih.xml

113-hr-3385

I 113th CONGRESS 1st Session H. R. 3385 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Cartwright (for himself, Mr. Ellison , Mr. Jones , Mr. Olson , Ms. Tsongas , Mr. Michaud , Mr. Hinojosa , Mr. Nolan , Mr. Cummings , Ms. Lee of California , Mr. Grijalva , Ms. Esty , Mr. Deutch , Mr. Enyart , Mr. Conyers , Mr. Holt , Mr. Engel , Mr. Huffman , Mr. Lipinski , Mr. McGovern , Mr. Andrews , Mr. Owens , Ms. Jackson Lee , Mr. O’Rourke , Mr. Fattah , Mr. Tonko , and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to require the Secretary of the Treasury to provide for the purchase of paper United States savings bonds with tax refunds. 1. Short title This Act may be cited as the Save Access to a Valuable Investment Needed to Generate Savings Act of 2013 or the SAVINGS Act . 2. Purchase paper United States savings bonds with tax refund Section 3106 of title 31, United States Code, is amended by adding at the end the following: (d) (1) During the period ending on December 31, 2018, the Secretary shall provide an option on individual returns of tax under subtitle A of the Internal Revenue Code of 1986 to purchase United States savings bonds in paper form with a portion or all of a refund of overpayment of such tax for the purchaser or anyone. (2) Paragraph (1) shall not apply if the Secretary implements an alternative option which— (A) allows for the gifting of United States savings bonds, (B) serves the unbanked, and (C) retains the ability to sign-up on the return of tax. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3385ih/xml/BILLS-113hr3385ih.xml

113-hr-3386

I 113th CONGRESS 1st Session H. R. 3386 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Smith of Texas (for himself and Ms. Bass ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require Certificates of Citizenship and other Federal documents to reflect name and date of birth determinations made by a State court and for other purposes. 1. Short title This Act may be cited as the Accuracy for Adoptees Act . 2. Recognition of State court determinations of name and birth date Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended by adding at the end the following: (c) A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child’s name and date of birth as indicated on a State court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar State vital records document issued by the child’s State of residence in the United States after the child has been adopted or readopted in that State. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3386ih/xml/BILLS-113hr3386ih.xml

113-hr-3387

I 113th CONGRESS 1st Session H. R. 3387 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Sinema (for herself, Mr. Murphy of Pennsylvania , Mr. Benishek , Ms. Gabbard , Mrs. Kirkpatrick , and Mr. Hunter ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the mental health treatment provided by the Secretary of Veterans Affairs to veterans who served in classified missions. 1. Short title This Act may be cited as the Classified Veterans Access to Care Act . 2. Mental health treatment for veterans who served in classified missions (a) Sense of Congress It is the sense of Congress that veterans who experience combat-related mental health wounds should have immediate, appropriate, and consistent access to comprehensive mental health care. (b) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following section: 1720H. Mental health treatment for veterans who served in classified missions (a) Establishment of standards (1) The Secretary shall establish standards and procedures to ensure that each covered veteran may access mental health care provided by the Secretary in a manner that fully accommodates the obligation of the veteran to not improperly disclose classified information. (2) The Secretary shall disseminate guidance to employees of the Veterans Health Administration, including mental health professionals, on the standards and procedures established under paragraph (1) and how to best engage covered veterans during the course of mental health treatment with respect to classified information. (b) Identification In carrying out this section, the Secretary shall ensure that a veteran may elect to identify as a covered veteran on an appropriate form. (c) Definitions In this section: (1) The term classified information means any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security. (2) The term covered veteran means a veteran who— (A) is enrolled in the health care system established under section 1705(a) of this title; (B) is seeking mental health treatment; and (C) in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit. (3) The term sensitive mission means a mission of the Armed Forces that, at the time at which a covered veteran seeks treatment, is classified. (4) The term sensitive unit has the meaning given that term in section 130b(c)(4) of title 10. . (c) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1720G the following new item: 1720H. Mental health treatment for veterans who served in classified missions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3387ih/xml/BILLS-113hr3387ih.xml

113-hr-3388

I 113th CONGRESS 1st Session H. R. 3388 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Chabot (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize the Attorney General to provide a grant to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing individuals. 1. Short title This Act may be cited as the Child and Elderly Missing Alert Program Act of 2013 . 2. Program to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, the elderly, and disabled individuals Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended— (1) in subsection (b)— (A) in paragraph (16), by striking and after the semicolon; (B) in paragraph (17), by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (18) to permit eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system, in accordance with subsection (l). ; and (2) by adding at the end the following new subsection: (l) Child and Elderly Missing Alerts (1) In general The Attorney General is authorized to award grants to eligible nonprofit organizations to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing children, elderly individuals, and disabled individuals through the use of a rapid telephone and cellular alert call system. (2) Specified use of funds The grants awarded under this subsection shall be used to— (A) provide services to Federal, State, tribal, and local law enforcement agencies, in response to a request from such agencies, to promote the rapid recovery of a missing child, an elderly individual, or a disabled individual by utilizing rapid telephone and cellular alert calls; (B) maintain and expand technologies and techniques to ensure the highest level of performance of such services; (C) provide both centralized and on-site training and distribute information to Federal, State, tribal, and local law enforcement agency officials about missing children, elderly individuals, and disabled individuals and use of a rapid telephone and cellular alert call system; (D) provide services to Federal, State, tribal, and local Child Abduction Response Teams; (E) assist Federal, State, tribal, and local law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; (F) share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and appropriate Federal, State, tribal, and local law enforcement agencies; and (G) assist appropriate organizations, including Federal, State, tribal, and local law enforcement agencies, with education and prevention programs related to missing children, elderly individuals, and disabled individuals. (3) Eligibility To be an eligible nonprofit organization for purposes of a grant under this subsection, a nonprofit organization shall have experience providing rapid telephone and cellular alert calls on behalf of Federal, State, and local law enforcement agencies to find missing children and elderly adults. (4) Grant period and renewal The Attorney General shall determine an appropriate grant period for grants awarded under this subsection. Such grants may be renewed at the discretion of the Attorney General. (5) Evaluation The Attorney General shall require each grantee under this subsection to annually submit the results of the monitoring and evaluations required under subsections (a) and (b) of section 1705, and shall publish an annual report regarding such results and the effectiveness of the activities carried out under each such grant. (6) Inapplicable provisions The following provisions of this part shall not apply to grants awarded under this subsection: (A) Subsection (j) of this section (relating to grants to Indian tribes). (B) Section 1703 (relating to renewal of grants). (7) Definitions In this subsection: (A) Child The term child means an individual under 21 years of age. (B) Disabled individual The term disabled individual means— (i) an individual with 1 or more disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); or (ii) an individual who has been diagnosed by a physician or other qualified medical professional with Alzheimer’s disease or a related dementia. (C) Elderly individual The term elderly individual means an individual who is 60 years of age or older. (D) Missing The term missing , with respect to a child, an elderly individual, or a disabled individual, means such a child or individual who has been reported to law enforcement as missing and whose whereabouts are unknown to Federal, State, tribal, and local law enforcement agencies. (E) Rapid telephone and cellular alert call system The term rapid telephone and cellular alert call system means an automated system with the ability to place at least 1,000 telephone and cellular calls in 60 seconds to a specific geographic area determined by law enforcement— (i) based on the last known whereabouts of a missing individual; or (ii) based on other evidence and determined by such law enforcement agency to be necessary to the search for the missing individual. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3388ih/xml/BILLS-113hr3388ih.xml

113-hr-3389

I 113th CONGRESS 1st Session H. R. 3389 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. Capito (for herself, Mr. Huizenga of Michigan , Mr. Westmoreland , Mr. Cotton , Mr. Garrett , Mr. Campbell , Mr. Luetkemeyer , Mr. Duffy , Mr. Bachus , Mr. Posey , and Mr. Pittenger ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To repeal the Consumer Financial Civil Penalty Fund and to deposit existing amounts in such Fund into the Treasury, and for other purposes. 1. Short title This Act may be cited as the CFPB Slush Fund Elimination Act of 2013 . 2. Repeal of Fund (a) In general Section 1017 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497 ) is amended— (1) in subsection (c), by striking and in the Civil Penalty Fund established under subsection (d) ; and (2) by amending subsection (d) to read as follows: (d) Penalty funds deposited into the general fund If the Bureau obtains a civil penalty against any person in any judicial or administrative action under Federal consumer financial laws, the Bureau shall deposit the amount of the penalty collected into the general fund of the Treasury. . (b) Funds deposited in Treasury The Board of Governors of the Federal Reserve System shall deposit all amounts in the Consumer Financial Civil Penalty Fund into the general fund of the Treasury.

https://www.govinfo.gov/content/pkg/BILLS-113hr3389ih/xml/BILLS-113hr3389ih.xml

113-hr-3390

I 113th CONGRESS 1st Session H. R. 3390 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Amodei (for himself, Mr. Heck of Nevada , Mr. Horsford , Ms. Titus , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Transportation and Infrastructure , Agriculture , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for environmental restoration activities and forest management activities in the Lake Tahoe Basin, to amend title 18, United States Code, to prohibit the importation or shipment of quagga mussels, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Lake Tahoe Restoration 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 and purposes. Sec. 3. Definitions. Sec. 4. Administration of the Lake Tahoe Basin Management Unit. Sec. 5. Consultation. Sec. 6. Authorized projects. Sec. 7. Environmental restoration priority list. Sec. 8. Relationship to other laws. Sec. 9. Authorization of appropriations. Sec. 10. Administration of acquired land. Sec. 11. Miscellaneous provisions. 2. Findings and purposes The Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2351) is amended by striking section 2 and inserting the following: 2. Findings and purposes (a) Findings Congress finds that— (1) Lake Tahoe— (A) is 1 of the largest, deepest, and clearest lakes in the world; (B) has a cobalt blue color, a biologically diverse alpine setting, and remarkable water clarity; and (C) is recognized nationally and worldwide as a natural resource of special significance; (2) in addition to being a scenic and ecological treasure, the Lake Tahoe Basin is 1 of the outstanding recreational resources of the United States, which— (A) offers skiing, water sports, biking, camping, and hiking to millions of visitors each year; and (B) contributes significantly to the economies of California, Nevada, and the United States; (3) the economy in the Lake Tahoe Basin is dependent on the protection and restoration of the natural beauty and recreation opportunities in the area; (4) the Lake Tahoe Basin continues to be threatened by the impacts of land use and transportation patterns developed in the last century that damage the fragile watershed of the Basin; (5) the water clarity of Lake Tahoe declined from a visibility level of 105 feet in 1967 to only 70 feet in 2008; (6) the rate of decline in water clarity of Lake Tahoe has decreased in recent years; (7) a stable water clarity level for Lake Tahoe could be achieved through feasible control measures for very fine sediment particles and nutrients; (8) fine sediments that cloud Lake Tahoe, and key nutrients such as phosphorus and nitrogen that support the growth of algae and invasive plants, continue to flow into the lake from stormwater runoff from developed areas, roads, turf, other disturbed land, and streams; (9) the destruction and alteration of wetland, wet meadows, and stream zone habitat have compromised the natural capacity of the watershed to filter sediment, nutrients, and pollutants before reaching Lake Tahoe; (10) approximately 25 percent of the trees in the Lake Tahoe Basin are either dead or dying; (11) forests in the Tahoe Basin suffer from over a century of fire suppression and periodic drought, which have resulted in— (A) high tree density and mortality; (B) the loss of biological diversity; and (C) a large quantity of combustible forest fuels, which significantly increases the threat of catastrophic fire and insect infestation; (12) the establishment of several aquatic and terrestrial invasive species (including perennial pepperweed, milfoil, and Asian clam) threatens the ecosystem of the Lake Tahoe Basin; (13) there is an ongoing threat to the Lake Tahoe Basin of the introduction and establishment of other invasive species (such as yellow starthistle, New Zealand mud snail, and quagga mussel); (14) the report prepared by the University of California, Davis, entitled the State of the Lake Report , found that conditions in the Lake Tahoe Basin had changed, including— (A) the average surface water temperature of Lake Tahoe has risen by more than 1.2 degrees Fahrenheit in the past 43 years; (B) since 1910, the percent of precipitation that has fallen as snow in the Lake Tahoe Basin decreased from 51 percent to 35.5 percent; and (C) daily air temperatures have increased by more than 4 degrees Fahrenheit and the trend in daily maximum temperature has risen by approximately 2 degrees Fahrenheit; (15) 75 percent of the land in the Lake Tahoe Basin is owned by the Federal Government, which makes it a Federal responsibility to restore environmental health to the Basin; (16) the Federal Government has a long history of environmental preservation at Lake Tahoe, including— (A) congressional consent to the establishment of the Tahoe Regional Planning Agency with— (i) the enactment in 1969 of Public Law 91–148 (83 Stat. 360); and (ii) the enactment in 1980 of Public Law 96–551 (94 Stat. 3233); (B) the establishment of the Lake Tahoe Basin Management Unit in 1973; (C) the enactment of Public Law 96–586 (94 Stat. 3381) in 1980 to provide for the acquisition of environmentally sensitive land and erosion control grants in the Lake Tahoe Basin; (D) the enactment of sections 341 and 342 of the Department of the Interior and Related Agencies Appropriations Act, 2004 ( Public Law 108–108 ; 117 Stat. 1317), which amended the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2346) to provide payments for the environmental restoration projects under this Act; and (E) the enactment of section 382 of the Tax Relief and Health Care Act of 2006 ( Public Law 109–432 ; 120 Stat. 3045), which amended the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2346) to authorize development and implementation of a comprehensive 10-year hazardous fuels and fire prevention plan for the Lake Tahoe Basin; (17) the Assistant Secretary of the Army for Civil Works was an original signatory in 1997 to the Agreement of Federal Departments on Protection of the Environment and Economic Health of the Lake Tahoe Basin; (18) the Chief of Engineers, under direction from the Assistant Secretary of the Army for Civil Works, has continued to be a significant contributor to Lake Tahoe Basin restoration, including— (A) stream and wetland restoration; (B) urban stormwater conveyance and treatment; and (C) programmatic technical assistance; (19) at the Lake Tahoe Presidential Forum in 1997, the President renewed the commitment of the Federal Government to Lake Tahoe by— (A) committing to increased Federal resources for environmental restoration at Lake Tahoe; and (B) establishing the Federal Interagency Partnership and Federal Advisory Committee to consult on natural resources issues concerning the Lake Tahoe Basin; (20) at the 2011 and 2012 Lake Tahoe Forums, Senator Reid, Senator Feinstein, Senator Heller, Senator Ensign, Governor Gibbons, Governor Sandoval, and Governor Brown— (A) renewed their commitment to Lake Tahoe; and (B) expressed their desire to fund the Federal and State shares of the Environmental Improvement Program through 2022; (21) since 1997, the Federal Government, the States of California and Nevada, units of local government, and the private sector have contributed more than $1,620,000,000 to the Lake Tahoe Basin, including— (A) $521,100,000 from the Federal Government; (B) $636,200,000 from the State of California; (C) $101,400,000 from the State of Nevada; (D) $68,200,000 from units of local government; and (E) $299,600,000 from private interests; (22) significant additional investment from Federal, State, local, and private sources is necessary— (A) to restore and sustain the environmental health of the Lake Tahoe Basin; (B) to adapt to the impacts of changing water temperature and precipitation; and (C) to protect the Lake Tahoe Basin from the introduction and establishment of invasive species; and (23) the Secretary has indicated that the Lake Tahoe Basin Management Unit has the capacity for at least $10,000,000 for the Fire Risk Reduction and Forest Management Program. (b) Purposes The purposes of this Act are— (1) to enable the Chief of the Forest Service, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency, in cooperation with the Planning Agency and the States of California and Nevada, to fund, plan, and implement significant new environmental restoration activities and forest management activities to address in the Lake Tahoe Basin the issues described in paragraphs (4) through (14) of subsection (a); (2) to ensure that Federal, State, local, regional, tribal, and private entities continue to work together to manage land in the Lake Tahoe Basin and to coordinate on other activities in a manner that supports achievement and maintenance of— (A) the environmental threshold carrying capacities for the region; and (B) other applicable environmental standards and objectives; (3) to support local governments in efforts related to environmental restoration, stormwater pollution control, fire risk reduction, and forest management activities; and (4) to ensure that agency and science community representatives in the Lake Tahoe Basin work together— (A) to develop and implement a plan for integrated monitoring, assessment, and applied research to evaluate the effectiveness of the Environmental Improvement Program; and (B) to provide objective information as a basis for ongoing decisionmaking, with an emphasis on decisionmaking relating to public and private land use and resource management in the Basin. . 3. Definitions The Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2351) is amended by striking section 3 and inserting the following: 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Assistant secretary The term Assistant Secretary means the Assistant Secretary of the Army for Civil Works. (3) Chair The term Chair means the Chair of the Federal Partnership. (4) Compact The term Compact means the Tahoe Regional Planning Compact included in the first section of Public Law 96–551 (94 Stat. 3233). (5) Directors The term Directors means— (A) the Director of the United States Fish and Wildlife Service; and (B) the Director of the United States Geological Survey. (6) Environmental improvement program The term Environmental Improvement Program means— (A) the Environmental Improvement Program adopted by the Planning Agency; and (B) any amendments to the Program. (7) Environmental threshold carrying capacity The term environmental threshold carrying capacity has the meaning given the term in article II of the compact. (8) Federal partnership The term Federal Partnership means the Lake Tahoe Federal Interagency Partnership established by Executive Order 13957 (62 Fed. Reg. 41249) (or a successor Executive order). (9) Forest management activity The term forest management activity includes— (A) prescribed burning for ecosystem health and hazardous fuels reduction; (B) mechanical and minimum tool treatment; (C) road decommissioning or reconstruction; (D) stream environment zone restoration and other watershed and wildlife habitat enhancements; (E) nonnative invasive species management; and (F) other activities consistent with Forest Service practices, as the Secretary determines to be appropriate. (10) Maps The term Maps means the maps— (A) entitled— (i) LTRA USFS-CA Land Exchange/North Shore ; (ii) USFS-CA Land Exchange/West Shore ; and (iii) USFS-CA Land Exchange/South Shore ; and (B) dated April 12, 2013, and on file and available for public inspection in the appropriate offices of— (i) the Forest Service; (ii) the California Tahoe Conservancy; and (iii) the California Department of Parks and Recreation. (11) National wildland fire code The term national wildland fire code means— (A) the most recent publication of the National Fire Protection Association codes numbered 1141, 1142, 1143, and 1144; (B) the most recent publication of the International Wildland-Urban Interface Code of the International Code Council; or (C) any other code that the Secretary determines provides the same, or better, standards for protection against wildland fire as a code described in subparagraph (A) or (B). (12) Planning agency The term Planning Agency means the Tahoe Regional Planning Agency established under Public Law 91–148 (83 Stat. 360) and Public Law 96–551 (94 Stat. 3233). (13) Priority list The term Priority List means the environmental restoration priority list developed under section 8. (14) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (15) Stream Environment Zone The term Stream Environment Zone means an area that generally owes the biological and physical characteristics of the area to the presence of surface water or groundwater. (16) Total maximum daily load The term total maximum daily load means the total maximum daily load allocations established under section 303(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(d) ). (17) Watercraft The term watercraft means motorized and non-motorized watercraft, including boats, seaplanes, personal watercraft, kayaks, and canoes. . 4. Administration of the Lake Tahoe Basin Management Unit Section 4 of the Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2353) is amended— (1) in subsection (b)(3), by striking basin and inserting Basin ; and (2) by adding at the end the following: (c) Transit (1) In general The Lake Tahoe Basin Management Unit shall, consistent with the regional transportation plan adopted by the Planning Agency, manage vehicular parking and traffic in the Lake Tahoe Basin Management Unit, with priority given— (A) to improving public access to the Lake Tahoe Basin, including the prioritization of alternatives to the private automobile, consistent with the requirements of the Compact; (B) to coordinating with the Nevada Department of Transportation, Caltrans, State parks, and other entities along Nevada Highway 28 and California Highway 89; and (C) to providing support and assistance to local public transit systems in the management and operations of activities under this subsection. (2) National forest transit program Consistent with the support and assistance provided under paragraph (1)(C), the Secretary, in consultation with the Secretary of Transportation, may enter into a contract, cooperative agreement, interagency agreement, or other agreement with the Department of Transportation to secure operating and capital funds from the National Forest Transit Program. (d) Forest management activities (1) Coordination (A) In general In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall, as appropriate, coordinate with the Administrator and State and local agencies and organizations, including local fire departments and volunteer groups. (B) Goals The coordination of activities under subparagraph (A) should aim to increase efficiencies and maximize the compatibility of management practices across public property boundaries. (2) Multiple benefits (A) In general In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall conduct the activities in a manner that— (i) except as provided in subparagraph (B), attains multiple ecosystem benefits, including— (I) reducing forest fuels; (II) maintaining or restoring biological diversity; (III) improving wetland and water quality, including in Stream Environment Zones; and (IV) increasing resilience to changing water temperature and precipitation; and (ii) helps achieve and maintain the environmental threshold carrying capacities established by the Planning Agency. (B) Exception Notwithstanding clause (A)(i), the attainment of multiple ecosystem benefits shall not be required if the Secretary determines that management for multiple ecosystem benefits would excessively increase the cost of a project in relation to the additional ecosystem benefits gained from the management activity. (3) Ground disturbance Consistent with applicable Federal law and Lake Tahoe Basin Management Unit land and resource management plan direction, the Secretary shall— (A) establish post-project ground condition criteria for ground disturbance caused by forest management activities; and (B) provide for monitoring to ascertain the attainment of the post-project conditions. (e) Withdrawal of Federal land (1) In general Subject to valid existing rights and paragraph (2), the Federal land located in the Lake Tahoe Basin Management Unit is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (2) Exceptions A conveyance of land shall be exempt from withdrawal under this subsection if carried out under— (A) this Act; or (B) Public Law 96–586 (94 Stat. 3381) (commonly known as the Santini-Burton Act ). (f) Environmental threshold carrying capacity The Lake Tahoe Basin Management Unit shall support the attainment of the environmental threshold carrying capacities. (g) Cooperative authorities During the 4 fiscal years following the date of enactment of the Lake Tahoe Restoration Act of 2013 , the Secretary, in conjunction with land adjustment projects or programs, may enter into contracts and cooperative agreements with States, units of local government, and other public and private entities to provide for fuel reduction, erosion control, reforestation, Stream Environment Zone restoration, and similar management activities on Federal land and non-Federal land within the projects or programs. . 5. Consultation The Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2351) is amended by striking section 5 and inserting the following: 5. Consultation In carrying out this Act, the Secretary, the Administrator, and the Directors shall, as appropriate and in a timely manner, consult with the heads of the Washoe Tribe, applicable Federal, State, regional, and local governmental agencies, and the Lake Tahoe Federal Advisory Committee. . 6. Authorized projects The Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2351) is amended by striking section 6 and inserting the following: 6. Authorized projects (a) In general The Secretary, the Assistant Secretary, the Directors, and the Administrator, in coordination with the Planning Agency and the States of California and Nevada, may carry out or provide financial assistance to any project or program that— (1) is described in subsection (d); (2) is included in the Priority List under section 8; and (3) furthers the purposes of the Environmental Improvement Program if the project has been subject to environmental review and approval, respectively, as required under Federal law, article 7 of the Compact, and State law, as applicable. (b) Restriction The Administrator shall use not more than 3 percent of the funds provided under subsection (a) for administering the projects or programs described in paragraphs (1) and (2) of subsection (d). (c) Monitoring and assessment All projects authorized under subsection (d) shall— (1) include funds for monitoring and assessment of the results and effectiveness at the project and program level consistent with the program developed under section 11; and (2) use the integrated multiagency performance measures established under section 13. (d) Description of activities (1) Stormwater management, erosion control, and total maximum daily load implementation Of the amounts made available under section 17(a), $75,000,000 shall be made available— (A) to the Secretary or the Administrator for the Federal share of stormwater management and related projects and programs consistent with the established total maximum daily load and near-shore water quality goals; and (B) for grants by the Secretary and the Administrator to carry out the projects and programs described in subparagraph (A). (2) Stream environment zone and watershed restoration Of the amounts made available under section 17(a), $38,000,000 shall be made available— (A) to the Secretary or the Assistant Secretary for the Federal share of the Upper Truckee River restoration projects and other watershed restoration projects identified in the priority list established under section 8; and (B) for grants by the Administrator to carry out the projects described in subparagraph (A). (3) Fire risk reduction and forest management (A) In general Of the amounts made available under section 17(a), $135,000,000 shall be made available to the Secretary to carry out, including by making grants, the following projects: (i) Projects identified as part of the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy 10-Year Plan. (ii) Competitive grants for fuels work to be awarded by the Secretary to communities that have adopted national wildland fire codes to implement the applicable portion of the 10-year plan described in clause (i). (iii) Biomass projects, including feasibility assessments and transportation of materials. (iv) Angora Fire Restoration projects under the jurisdiction of the Secretary. (v) Washoe Tribe projects on tribal lands within the Lake Tahoe Basin. (vi) Development of an updated Lake Tahoe Basin multijurisdictional fuel reduction and wildfire prevention strategy, consistent with section 4(d). (vii) Development of updated community wildfire protection plans by local fire districts. (viii) Municipal water infrastructure that significantly improves the firefighting capability of local government within the Lake Tahoe Basin. (B) Minimum allocation Of the amounts made available to the Secretary to carry out subparagraph (A), at least $80,000,000 shall be used by the Secretary for projects under subparagraph (A)(i). (C) Priority Units of local government that have dedicated funding for inspections and enforcement of defensible space regulations shall be given priority for amounts provided under this paragraph. (D) Cost-sharing requirements (i) In general As a condition on the receipt of funds, communities or local fire districts that receive funds under this paragraph shall provide a 25 percent match. (ii) Form of non-Federal share (I) In general The non-Federal share required under clause (i) may be in the form of cash contributions or in-kind contributions, including providing labor, equipment, supplies, space, and other operational needs. (II) Credit for certain dedicated funding There shall be credited toward the non-Federal share required under clause (i) any dedicated funding of the communities or local fire districts for a fuels reduction management program, defensible space inspections, or dooryard chipping. (III) Documentation Communities and local fire districts shall— (aa) maintain a record of in-kind contributions that describes— (AA) the monetary value of the in-kind contributions; and (BB) the manner in which the in-kind contributions assist in accomplishing project goals and objectives; and (bb) document in all requests for Federal funding, and include in the total project budget, evidence of the commitment to provide the non-Federal share through in-kind contributions. (4) Invasive species management Of the amounts to be made available under section 17(a), $30,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Aquatic Invasive Species Program and the watercraft inspections described in section 9. (5) Special status species management Of the amounts to be made available under section 17(a), $20,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Lahontan Cutthroat Trout Recovery Program. (6) Lake Tahoe Basin science program Of the amounts to be made available under section 17(a), $30,000,000 shall be made available to the Chief of the Forest Service to develop and implement, in coordination with the Tahoe Science Consortium, the Lake Tahoe Basin Science Program established under section 11. (7) Program performance and accountability (A) In general Of the amounts to be made available under section 17(a), $5,000,000 shall be made available to the Secretary to carry out sections 12, 13, and 14. (B) Planning agency Of the amounts described in subparagraph (A), not less than 50 percent shall be made available to the Planning Agency to carry out the program oversight, coordination, and outreach activities established under sections 12, 13, and 14. (8) Land conveyance (A) In general Of the amount made available under section 17(a), $2,000,000 shall be made available to the Secretary to carry out the activities under section 3(b)(2) of Public Law 96–586 (94 Stat. 3384) (commonly known as the Santini-Burton Act ). (B) Other funds Of the amounts available to the Secretary under subparagraph (A), not less than 50 percent shall be provided to the California Tahoe Conservancy to facilitate the conveyance of land described in section 3(b)(2) of Public Law 96–586 (94 Stat. 3384) (commonly known as the Santini-Burton Act ). . 7. Environmental restoration priority list The Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2351) is amended— (1) by striking sections 8 and 9; (2) by redesignating sections 10, 11, and 12 as sections 15, 16, and 17, respectively; and (3) by inserting after section 7 the following: 8. Environmental restoration priority list (a) Deadline Not later than February 15 of the year after the date of enactment of the Lake Tahoe Restoration Act of 2013 , the Chair, in consultation with the Secretary, the Administrator, the Directors, the Planning Agency, the States of California and Nevada, the Federal Partnership, the Washoe Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe Science Consortium shall submit to Congress a prioritized list of all Environmental Improvement Program projects for the Lake Tahoe Basin for each program category described in section 6(d). (b) Criteria (1) In general The priority of projects included in the Priority List shall be based on the best available science and the following criteria: (A) The 5-year threshold carrying capacity evaluation. (B) The ability to measure progress or success of the project. (C) The potential to significantly contribute to the achievement and maintenance of the environmental threshold carrying capacities identified in the Compact for— (i) air quality; (ii) fisheries; (iii) noise; (iv) recreation; (v) scenic resources; (vi) soil conservation; (vii) forest health; (viii) water quality; and (ix) wildlife. (D) The ability of a project to provide multiple benefits. (E) The ability of a project to leverage non-Federal contributions. (F) Stakeholder support for the project. (G) The justification of Federal interest. (H) Agency priority. (I) Agency capacity. (J) Cost-effectiveness. (K) Federal funding history. (2) Secondary factors In addition to the criteria under paragraph (1), the Chair shall, as the Chair determines to be appropriate, give preference to projects in the Priority List that benefit existing neighborhoods in the Basin that are at or below regional median income levels, based on the most recent census data available. (c) Revisions (1) In general The Priority List submitted under subsection (b) shall be revised— (A) every 2 years; or (B) on a finding of compelling need under paragraph (2). (2) Finding of compelling need (A) In general If the Secretary, the Administrator, or the Director of the United States Fish and Wildlife Service makes a finding of compelling need justifying a priority shift and the finding is approved by the Secretary, the Executive Director of the Planning Agency, the California Natural Resources Secretary, and the Director of the Nevada Department of Conservation, the Priority List shall be revised in accordance with this subsection. (B) Inclusions A finding of compelling need includes— (i) major scientific findings; (ii) results from the threshold evaluation of the Planning Agency; (iii) emerging environmental threats; and (iv) rare opportunities for land acquisition. (d) Funding Of the amount made available under section 17(a), $80,000,000 shall be made available to the Secretary to carry out this section. 9. Aquatic invasive species prevention (a) In general The Director of the United States Fish and Wildlife Service, in coordination with the Planning Agency, the California Department of Fish and Game, and the Nevada Department of Wildlife, shall deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction of aquatic invasive species into the Lake Tahoe Basin. (b) Criteria The strategies referred to in subsection (a) shall provide that— (1) combined inspection and decontamination stations be established and operated at not less than 2 locations in the Lake Tahoe Basin; and (2) watercraft not be allowed to launch in waters of the Lake Tahoe Basin if the watercraft has not been inspected in accordance with the Lake Tahoe Aquatic Invasive Species Management Plan. (c) Certification The Planning Agency may certify State and local agencies to perform the decontamination activities described in subsection (b)(3) at locations outside the Lake Tahoe Basin if standards at the sites meet or exceed standards for similar sites in the Lake Tahoe Basin established under this section. (d) Applicability The strategies and criteria developed under this section shall apply to all watercraft to be launched on water within the Lake Tahoe Basin. (e) Fees The Director of the United States Fish and Wildlife Service may collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations under this section. (f) Civil penalties (1) In general Any person that launches, attempts to launch, or facilitates launching of watercraft not in compliance with strategies deployed under this section shall be liable for a civil penalty in an amount not to exceed $1,000 per violation. (2) Other authorities Any penalties assessed under this subsection shall be separate from penalties assessed under any other authority. (g) Limitation The strategies and criteria under subsections (a) and (b), respectively, may be modified if the Secretary of the Interior, in a nondelegable capacity and in consultation with the Planning Agency and State governments, issues a determination that alternative measures will be no less effective at preventing introduction of aquatic invasive species into Lake Tahoe than the strategies and criteria. (h) Supplemental authority The authority under this section is supplemental to all actions taken by non-Federal regulatory authorities. (i) Savings clause Nothing in this title shall be construed as restricting, affecting, or amending any other law or the authority of any department, instrumentality, or agency of the United States, or any State or political subdivision thereof, respecting the control of invasive species. 10. Corps of Engineers; interagency agreements (a) In general The Assistant Secretary may enter into interagency agreements with non-Federal interests in the Lake Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical assistance for the Environmental Improvement Program. (b) Local cooperation agreements (1) In general Before providing technical assistance under this section, the Assistant Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for the technical assistance. (2) Components The agreement entered into under paragraph (1) shall— (A) describe the nature of the technical assistance; (B) describe any legal and institutional structures necessary to ensure the effective long-term viability of the end products by the non-Federal interest; and (C) include cost-sharing provisions in accordance with paragraph (3). (3) Federal share (A) In general The Federal share of project costs under each local cooperation agreement under this subsection shall be 65 percent. (B) Form The Federal share may be in the form of reimbursements of project costs. (C) Credit The non-Federal interest may receive credit toward the non-Federal share for the reasonable costs of related technical activities completed by the non-Federal interest before entering into a local cooperation agreement with the Assistant Secretary under this subsection. 11. Lake Tahoe Basin Science Program The Secretary (acting through the Station Director of the Forest Service, Pacific Southwest Research Station), the Administrator, the Planning Agency, the States of California and Nevada, and the Tahoe Science Consortium, shall develop and implement the Lake Tahoe Basin Science Program that— (1) develops and regularly updates an integrated multiagency programmatic assessment and monitoring plan— (A) to evaluate the effectiveness of the Environmental Improvement Program; (B) to evaluate the status and trends of indicators related to environmental threshold carrying capacities; and (C) to assess the impacts and risks of changing water temperature, precipitation, and invasive species; (2) produces and synthesizes scientific information necessary for— (A) the identification and refinement of environmental indicators for the Lake Tahoe Basin; and (B) the evaluation of standards and benchmarks; (3) conducts applied research, programmatic technical assessments, scientific data management, analysis, and reporting related to key management questions; (4) develops new tools and information to support objective assessments of land use and resource conditions; (5) provides scientific and technical support to the Federal Government and State and local governments in— (A) reducing stormwater runoff, air deposition, and other pollutants that contribute to the loss of lake clarity; and (B) the development and implementation of an integrated stormwater monitoring and assessment program; (6) establishes and maintains independent peer review processes— (A) to evaluate the Environmental Improvement Program; and (B) to assess the technical adequacy and scientific consistency of central environmental documents, such as the 5-year threshold review; and (7) provides scientific and technical support for the development of appropriate management strategies to accommodate changing water temperature and precipitation in the Lake Tahoe Basin. 12. Public outreach and education (a) In general The Secretary, the Administrator, and the Directors will coordinate with the Planning Agency to conduct public education and outreach programs, including encouraging— (1) owners of land and residences in the Lake Tahoe Basin— (A) to implement defensible space; and (B) to conduct best management practices for water quality; and (2) owners of land and residences in the Lake Tahoe Basin and visitors to the Lake Tahoe Basin, to help prevent the introduction and proliferation of invasive species as part of the private share investment in the Environmental Improvement Program. (b) Scientific and technical guidance The Director of the United States Geological Survey shall provide scientific and technical guidance to public outreach and education programs conducted under this section. (c) Required coordination Public outreach and education programs for aquatic invasive species under this section shall— (1) be coordinated with Lake Tahoe Basin tourism and business organizations; and (2) include provisions for the programs to extend outside of the Lake Tahoe Basin. 13. Reporting requirements Not later than February 15 of each year, the Secretary, in cooperation with the Chair, the Administrator, the Directors, the Planning Agency, and the States of California and Nevada, consistent with section 6(d)(6), shall submit to Congress a report that describes— (1) the status of all Federal, State, local, and private projects authorized under this Act, including to the maximum extent practicable, for projects that will receive Federal funds under this Act during the current or subsequent fiscal year— (A) the project scope; (B) the budget for the project; and (C) the justification for the project, consistent with the criteria established in section 8(b)(1); (2) Federal, State, local, and private expenditures in the preceding fiscal year to implement the Environmental Improvement Program and projects otherwise authorized under this Act; (3) accomplishments in the preceding fiscal year in implementing this Act in accordance with the performance measures and other monitoring and assessment activities; and (4) public education and outreach efforts undertaken to implement programs and projects authorized under this Act. 14. Annual budget plan As part of the annual budget of the President, the President shall submit information regarding each Federal agency involved in the Environmental Improvement Program (including the Forest Service, the Environmental Protection Agency, the United States Fish and Wildlife Service), the United States Geological Survey, and the Corps of Engineers), including— (1) an interagency crosscut budget that displays the proposed budget for use by each Federal agency in carrying out restoration activities relating to the Environmental Improvement Program for the following fiscal year; (2) a detailed accounting of all amounts received and obligated by Federal agencies to achieve the goals of the Environmental Improvement Program during the preceding fiscal year; and (3) a description of the Federal role in the Environmental Improvement Program, including the specific role of each agency involved in the restoration of the Lake Tahoe Basin. . 8. Relationship to other laws Section 16 of the Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2358) (as redesignated by section 7(2)) is amended by inserting , Director, or Administrator after Secretary . 9. Authorization of appropriations The Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2351) is amended by striking section 17 (as redesignated by section 7(2)) and inserting the following: 17. Authorization of appropriations (a) Authorization of appropriations There is authorized to be appropriated to carry out this Act $415,000,000 for a period of 10 fiscal years beginning the first fiscal year after the date of enactment of the Lake Tahoe Restoration Act of 2013 . (b) Effect on other funds Amounts authorized under this section and any amendments made by this Act— (1) shall be in addition to any other amounts made available to the Secretary, the Administrator, or the Directors for expenditure in the Lake Tahoe Basin; and (2) shall not reduce allocations for other Regions of the Forest Service, Environmental Protection Agency, or the United States Fish and Wildlife Service. (c) Cost-Sharing requirement Except as provided in subsection (d) and section 6(d)(3)(D), the States of California and Nevada shall pay 50 percent of the aggregate costs of restoration activities in the Lake Tahoe Basin funded under section 6. (d) Relocation costs Notwithstanding subsection (c), the Secretary shall provide to local utility districts two-thirds of the costs of relocating facilities in connection with— (1) environmental restoration projects under sections 6 and 8; and (2) erosion control projects under section 2 of Public Law 96–586 (94 Stat. 3381). (e) Signage To the maximum extent practicable, a project provided assistance under this Act shall include appropriate signage at the project site that— (1) provides information to the public on— (A) the amount of Federal funds being provided to the project; and (B) this Act; and (2) displays the visual identity mark of the Environmental Improvement Program. . 10. Administration of acquired land (a) In general Section 3(b) of Public Law 96–586 (94 Stat. 3384) (commonly known as the Santini-Burton Act ) is amended— (1) by striking (b) Lands and inserting the following: (b) Administration of acquired land (1) In general Land ; and (2) by adding at the end the following: (2) Conveyance (A) In general If the State of California (acting through the California Tahoe Conservancy and the California Department of Parks and Recreation) offers to donate to the United States acceptable title to the non-Federal land described in subparagraph (B)(i), the Secretary— (i) may accept the offer; and (ii) not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in subparagraph (B)(i), convey to the State of California, subject to valid existing rights and for no consideration, all right, title, and interest of the United States in and to the Federal land that is acceptable to the State of California. (B) Description of land (i) Non-federal land The non-Federal land referred to in subparagraph (A) includes— (I) the approximately 1,981 acres of land administered by the Conservancy and identified on the Maps as Conservancy to the United States Forest Service ; and (II) the approximately 187 acres of land administered by California State Parks and identified on the Maps as State Parks to the U.S. Forest Service . (ii) Federal land The Federal land referred to in subparagraph (A) includes the approximately 1,995 acres of Forest Service land identified on the Maps as U.S. Forest Service to Conservancy and State Parks . (C) Conditions Any land conveyed under this paragraph shall— (i) be for the purpose of consolidating Federal and State ownerships and improving management efficiencies; (ii) not result in any significant changes in the uses of the land; and (iii) be subject to the condition that the applicable deed include such terms , restrictions, covenants, conditions, and reservations as the Secretary determines necessary to— (I) ensure compliance with this Act; and (II) ensure that the development rights associated with the conveyed parcels shall not be recognized or available for transfer under section 90.2 of the Code of Ordinances for the Tahoe Regional Planning Agency. . 11. Miscellaneous provisions (a) Importation or shipment of quagga mussels Section 42 of title 18, United States Code, is amended— (1) in subsection (a)(1), by adding of the quagga mussel of the species Dreissena rostriformis; after Hypophthalmichthys nobilis; ; and (2) by adding at the end the following: (d) Public water systems Nothing in this section applies to— (1) the importation or transportation of prohibited species through the operation of a public water system or a related water conveyance, storage, or distribution facility; or (2) the possession or conveyance of water supplies containing prohibited species by a public water system operator. . (b) Control of illegally taken fish and wildlife Section 8 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3377 ) is amended by adding at the end the following: (d) Public water systems Nothing in this Act applies to— (1) the importation, transportation, sale, receipt, acquisition, or purchase of fish or wildlife that results from the operation of a public water system or a related water conveyance, storage, and distribution facility; or (2) the possession or conveyance of water supplies containing fish or wildlife by a public water system operator. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3390ih/xml/BILLS-113hr3390ih.xml

113-hr-3391

I 113th CONGRESS 1st Session H. R. 3391 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Valadao (for himself, Mrs. Kirkpatrick , Mr. Grijalva , Ms. McCollum , Mr. Cole , Mr. Cook , Mr. Larsen of Washington , Mr. Blumenauer , Mr. Ruiz , Mr. LaMalfa , Mr. Calvert , Mr. Huffman , Mr. Kind , Mr. Young of Alaska , Mr. Pearce , Mr. Joyce , and Mr. Costa ) 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 exclude from gross income payments under the Indian Health Service Loan Repayment Program and certain amounts received under the Indian Health Professions Scholarships Program. 1. Short title This Act may be cited as the Indian Health Service Health Professions Tax Fairness Act of 2013 . 2. Exclusion from gross income for payments under Indian Health Service Loan Repayment Program (a) In general Paragraph (4) of section 108(f) of the Internal Revenue Code of 1986 is amended by inserting under section 108 of the Indian Health Care Improvement Act, after 338I of such Act, . (b) Clerical amendment The heading for section 108(f)(4) of such Code is amended by striking and certain and inserting , Indian Health Service Loan Repayment Program, and certain . (c) Effective date The amendments made by this section shall apply to payments made after the date of the enactment of this Act. 3. Exclusion of certain amounts received under Indian Health Professions Scholarships Program (a) In general Paragraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , or , and by adding at the end the following new subparagraph: (C) the Indian Health Professions Scholarships Program under section 104 of the Indian Health Care Improvement Act. . (b) Effective date The amendment made by subsection (a) shall apply to amounts received in taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3391ih/xml/BILLS-113hr3391ih.xml

113-hr-3392

I 113th CONGRESS 1st Session H. R. 3392 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Bilirakis (for himself and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for a PDP safety program to prevent fraud and abuse in the dispensing of controlled substances under part D of the Medicare program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Medicare Part D Patient Safety and Drug Abuse Prevention Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishing PDP safety program to prevent fraud and abuse in Medicare prescription drug plans. Sec. 3. Part D suspension of claims payment. Sec. 4. Improving activities of Medicare Drug Integrity Contractors (MEDICs). Sec. 5. Requiring e-prescribing for coverage of covered part D controlled substances. 2. Establishing PDP safety program to prevent fraud and abuse in Medicare prescription drug plans (a) PDP safety program Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended— (1) in paragraph (1)(D)— (A) by inserting , designed to after program ; and (B) by inserting , that includes the procedures described in paragraph (4) after waste ; and (2) by adding at the end the following: (4) Safe pharmacy access program (A) PDP sponsor procedures A PDP sponsor (or an MA organization offering an MA–PD plan) shall have in place procedures designed— (i) to identify an individual who has obtained coverage for a covered part D drug that is a frequently abused schedule II, III, IV, or V controlled substance, as determined in accordance with utilization guidelines established by the Secretary and the sponsor (or MA organization), and to notify such individuals that they have been so identified; (ii) to contract with pharmacies authorized to dispense such controlled substances to create a safe pharmacy network that meets the criteria specified in subparagraph (C); (iii) taking into account the location of the individual’s residence (or residences), work site, mobility, and other relevant factors, to limit coverage to schedule II, III, IV, or V controlled substances for some or all classes of covered part D drugs for an individual identified under clause (i) (or under subparagraph (B)) to drugs dispensed by one or more pharmacies contracted with under clause (ii); (iv) to provide to the Secretary the name, and other information that the Secretary may require, of individuals so identified and of the fact of such individual’s disenrollment (if any) from the plan of the sponsor (or the MA–PD plan offered by the MA organization); (v) to provide for an appeals process whereby an individual so identified may appeal such identification on the basis that the identification was not appropriate; (vi) to provide for a process whereby an individual so identified may petition for the termination of such identification on the basis that the limitation on coverage is no longer necessary to prevent fraud and abuse by the individual; and (vii) to provide that coverage shall be provided for a schedule II, III, IV, or V controlled substance only if it prescribed in accordance with an electronic prescribing program under subsection (e), except in such exceptional circumstances as the Secretary may permit. (B) Sharing information for subsequent plan enrollments The Secretary shall share information, with respect to the identity of an individual identified under subparagraph (A)(i) who disenrolls from a plan under subparagraph (A)(iv), with a PDP sponsor (or MA organization) that subsequently enrolls such individual under another plan in order that the provisions of subparagraph (A)(iii) would apply under such subsequent enrollment. (C) Safe pharmacy network criteria The criteria specified in this subparagraph for a safe pharmacy network are the following: (i) The pharmacies in the network are able to properly monitor the usage of schedule II, III, IV, and V controlled substances. (ii) Such pharmacies and network meet such other drug safety criteria as the Secretary or the PDP sponsor (or MA organization) determines to be appropriate, such as use of a State prescription drug monitoring program, if such a program is available in the State. . (b) Dual eligibles Section 1860D–1(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–101(b)(3)(D) ) is amended by inserting , subject to such limits as the Secretary may establish for individuals identified pursuant to section 1860D–4(c)(4)(A)(i) after the Secretary . (c) Effective date The amendments made by this section shall apply with respect to plan years beginning after the date that is 8 months after the date of the enactment of this Act. 3. Part D suspension of claims payment Amend 1860D–12(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–112(b)(4) ) is amended by adding at the end the following new subparagraph: (H) Suspension of payments pending investigation of credible allegations of fraud by pharmacies (i) In general A PDP sponsor may suspend payments and clean claim notifications to a pharmacy pending an investigation of a credible allegation of fraud (as defined in clause (ii)) against the pharmacy, unless the Secretary determines there is a good cause not to suspend payments. (ii) Credible allegation of fraud defined In this subparagraph, the term credible allegation of fraud includes— (I) a complaint made on the Medicare fraud hotline; (II) detection of potential fraud through the analysis of claims data; (III) detection of potential fraud through identification of inappropriate dispensing through audits, civil false claims cases, and law enforcement investigations; and (IV) claims referred to Medicare drug integrity contractors (MEDICs). (iii) Rule of construction Nothing in this subparagraph shall be construed as limited the authority of a PDP sponsor to conduct post-claim payment review. . 4. Improving activities of Medicare Drug Integrity Contractors (MEDICs) (a) In general Section 1893 of the Social Security Act ( 42 U.S.C. 1395ddd ) is amended by adding at the end the following new subsection: (j) Improving activities of Medicare Drug Integrity Contractors (MEDICs) (1) Access to In general Under contracts entered into under this section (each in this subsection referred to as a MEDIC contract ) with Medicare drug integrity contractors (each in this subsection referred to as a MEDIC ), the Secretary shall authorize MEDICs to directly obtain prescription and medical records from entities such as pharmacies, PDP and physicians. (2) Requirement for acknowledgment of referrals If a PDP sponsor refers information to a MEDIC for investigation, under the MEDIC contract the MEDIC must acknowledge receipt of the referral and must report back to the sponsor the result of the MEDIC’s investigation within 45 days of the date of the referral and share such results with appropriate agencies, such as law enforcement officials and State licensing authority. (3) Uniform annual report criteria In order to assess the performance of MEDICs, the Secretary shall develop a uniform reporting criteria for the annual reporting of the results of investigations by MEDICs to the Secretary and to Congress. Each such annual report shall include information on the number of referrals for investigation made to a MEDIC, the average time required for investigation, the results of the investigation, and the number of results that were referred to the Inspector General of the Department of Health and Human Services and to State licensing officials for further investigations. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply as quickly as possible to MEDIC contracts, including MEDIC contracts entered into before such date of enactment. 5. Requiring e-prescribing for coverage of covered part D controlled substances (a) In general Section 1860D–4(e) of the Social Security Act ( 42 U.S.C. 1395w–104(e) ) is amended by adding at the end the following: (7) Requirement of e-prescribing for controlled substances Except in such emergent circumstances as the Secretary may specify, coverage shall not be provided for a covered part D drug under a prescription drug plan (or under an MA–PD plan) for a schedule II, III, IV, or V controlled substance unless the prescription for the drug has been transmitted electronically in accordance with an electronic prescription drug program that meets the requirements of paragraph (2). . (b) Effective date The amendment made by subsection (a) shall apply to coverage of drugs prescribed on or after January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr3392ih/xml/BILLS-113hr3392ih.xml

113-hr-3393

I 113th CONGRESS 1st Session H. R. 3393 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. Black (for herself and Mr. Danny K. Davis 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 consolidate certain tax benefits for educational expenses, and for other purposes. 1. Short title This Act may be cited as the Student and Family Tax Simplification Act . 2. Consolidation of certain tax benefits for educational expenses (a) American opportunity tax credit Section 25A of the Internal Revenue Code of 1986 is amended to read as follows: 25A. American opportunity tax credit (a) In general In the case of any individual for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of— (1) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to any eligible student for whom an election is in effect under this section for such taxable year during any academic period beginning in such taxable year) as does not exceed $2,000, plus (2) 25 percent of such expenses so paid as exceeds the dollar amount in effect under paragraph (1) but does not exceed twice such dollar amount. (b) Portion of credit refundable So much of the credit allowable under subsection (a) (determined without regard to this subsection and section 26(a) and after application of all other provisions of this section) as does not exceed $1,500 shall be treated as a credit allowable under subpart C (and not allowable under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom section 1(d) applies for such taxable year. (c) Limitation based on modified adjusted gross income (1) In general The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this subsection and subsection (b) but after application of all other provisions of this section) as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) $43,000 (twice such amount in the case of a joint return), bears to (B) $20,000 (twice such amount in the case of a joint return). (2) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. (d) Other limitations (1) Credit allowed only for 4 taxable years An election to have this section apply may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such student for any 4 prior taxable years. (2) Credit allowed for year only if individual is at least 1/2 time student for portion of year No credit shall be allowed under subsection (a) for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. (3) Credit allowed only for first 4 years of postsecondary education No credit shall be allowed under subsection (a) for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) the first 4 years of postsecondary education at an eligible educational institution. (e) Definitions For purposes of this section— (1) Eligible student The term eligible student means, with respect to any academic period, a student who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on August 5, 1997, and (B) is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing. (2) Qualified tuition and related expenses (A) In general The term qualified tuition and related expenses means tuition, fees, and course materials, required for enrollment or attendance of— (i) the taxpayer, (ii) the taxpayer’s spouse, or (iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. (B) Exception for education involving sports, etc Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual’s degree program. (C) Exception for nonacademic fees Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. (3) Eligible educational institution The term eligible educational institution means an institution— (A) which is described in section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 ), as in effect on August 5, 1997, and (B) which is eligible to participate in a program under title IV of such Act. (f) Special rules (1) Identification requirement No credit shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the employer identification number of any institution to which such expenses were paid, on the return of tax for the taxable year. (2) Adjustment for certain scholarships, etc (A) In general The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsection (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— (i) a qualified scholarship which is excludable from gross income under section 117, (ii) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and (iii) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. (B) Coordination with Pell Grants not used for qualified tuition and related expenses Any amount determined with respect to an individual under subparagraph (A) which is attributable to a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) shall be reduced (but not below zero) by the amount of expenses (other than qualified tuition and related expenses) which are taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this paragraph) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined. (3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (B) qualified tuition and related expenses paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. (4) Treatment of certain prepayments If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (5) Denial of double benefit No credit shall be allowed under this section for any amount for which a deduction is allowed under any other provision of this chapter. (6) No credit for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. (7) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (g) Inflation adjustment (1) In general In the case of a taxable year beginning after 2018, the $2,000 amount in subsection (a)(1), the $1,500 amount in subsection (b), and the $43,000 amount in subsection (c)(1)(A)(ii) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2017 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $100 ($1,000 in the case of the amount in subsection (c)(1)(A)(ii)), such amount shall be rounded to the next lowest multiple of $100 ($1,000 in the case of the amount in subsection (c)(1)(A)(ii)). (h) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit. . (b) Repeal of deduction for qualified tuition and related expenses Part VII of subchapter B of chapter 1 of such Code is amended by striking section 222 (and by striking the item relating to such section in the table of sections for such part). (c) Conforming amendments (1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Section 72(t)(7)(B) of such Code is amended by striking section 25A(g)(2) and inserting section 25A(f)(2) . (3) Section 529(c)(3)(B)(v)(I) of such Code is amended by striking section 25A(g)(2) and inserting section 25A(f)(2) . (4) Section 529(e)(3)(B)(i) of such Code is amended by striking section 25A(b)(3) and inserting section 25A(d) . (5) Section 530(d)(2)(C) of such Code is amended— (A) by striking section 25A(g)(2) in clause (i)(I) and inserting section 25A(f)(2) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American opportunity tax credit . (6) Section 530(d)(4)(B)(iii) of such Code is amended by striking section 25A(g)(2) and inserting section 25A(d)(4)(B) . (7) Section 6050S(e) of such Code is amended by striking subsection (g)(2) and inserting subsection (f)(2) . (8) Section 6211(b)(4)(A) of such Code is amended by striking subsection (i)(6) and inserting subsection (b) . (9) Section 6213(g)(2)(J) of such Code is amended by striking TIN required under section 25A(g)(1) and inserting TIN, and employer identification number, required under section 25A(f)(1) . (10) Section 1004(c) of division B of the American Recovery and Reinvestment Tax Act of 2009 is amended— (A) in paragraph (1)— (i) by striking section 25A(i)(6) each place it appears and inserting section 25A(b) , and (ii) by striking with respect to taxable years beginning after 2008 and before 2018 each place it appears and inserting with respect to each taxable year , (B) in paragraph (2), by striking Section 25A(i)(6) and inserting Section 25A(b) , and (C) in paragraph (3)(C), by striking subsection (i)(6) and inserting subsection (b) . (11) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 25 A and inserting the following new item: Sec. 25A. American opportunity tax credit. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 3. Expansion of Pell Grant exclusion from gross income (a) In general Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended— (1) by striking the period at the end and inserting , or , (2) by striking received by an individual as a scholarship and inserting the following: received by an individual— (A) as a scholarship , and (3) by adding at the end the following new subparagraph: (B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3393ih/xml/BILLS-113hr3393ih.xml

113-hr-3394

I 113th CONGRESS 1st Session H. R. 3394 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make the work opportunity tax credit permanent. 1. Short title This Act may be cited as the American Job Opportunity Act . 2. Work opportunity tax credit made permanent (a) In general Section 51(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective date The amendment made by subsection (a) shall apply to wages paid after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3394ih/xml/BILLS-113hr3394ih.xml

113-hr-3395

I 113th CONGRESS 1st Session H. R. 3395 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the work opportunity credit for hiring veterans, and for other purposes. 1. Short title This Act may be cited as the VOW to Hire Heroes Extension Act of 2013 . 2. Extension of work opportunity credit for veterans (a) In general Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking after December 31, 2013. and inserting “after— (i) December 31, 2017, in the case of a qualified veteran, and (ii) December 31, 2013, in the case of any other individual. . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. 3. Simplified certification of veteran status (a) In general Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows: (D) Pre-screening of qualified veterans (i) In general Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains— (I) qualified veteran status documentation, (II) qualified proof of unemployment compensation, and (III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under subclauses (I) and (II) is true. (ii) Qualified veteran status documentation For purposes of clause (i), the term qualified veteran status documentation means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran. (iii) Qualified proof of unemployment compensation For purposes of clause (i), the term qualified proof of unemployment compensation means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date. . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 4. Credit made available against payroll taxes in certain circumstances (a) In general Paragraph (2) of section 52(c) of the Internal Revenue Code of 1986 is amended— (1) by striking qualified tax-exempt organizations in the heading and inserting certain employers , and (2) by striking by qualified tax-exempt organizations and inserting by certain employers . (b) Credit allowed to certain for-Profit employers Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended— (1) by inserting or a qualified for-profit employer after If a qualified tax-exempt organization in paragraph (1), (2) by striking with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization in paragraph (1), (3) by inserting or for-profit employer after employees of the organization each place it appears in paragraphs (1) and (2), (4) by inserting in the case of a qualified tax-exempt organization, before by only taking into account in subparagraph (C) of paragraph (3), (5) by inserting or for-profit employer after the organization in paragraph (4), (6) by redesignating subparagraph (B) of paragraph (5) as subparagraph (C) of such paragraph, by striking and at the end of subparagraph (A) of such paragraph, and by inserting after subparagraph (A) of such paragraph the following new subparagraph: (B) the term qualified for-profit employer means, with respect to a taxable year, an employer not described in subparagraph (A), but only if— (i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and (ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and , and (7) by striking has meaning given such term by section 51(d)(3) in subparagraph (C) of paragraph (5), as so redesignated, and inserting means a qualified veteran (within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax-exempt organization or a qualified for-profit employer . (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective date The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act. 5. Report Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 2, 3, and 4 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or 3111(e) of the Internal Revenue Code of 1986. 6. Treatment of Possessions (a) Payments to possessions (1) Mirror code possessions The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this Act. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (2) Other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this Act if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this Act. (b) Coordination with credit allowed against united states income taxes The credit allowed against United States income taxes for any taxable year under the amendments made by this Act to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year. (c) Definitions and special rules (1) Possession of the united states For purposes of this section, the term possession of the United States includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

https://www.govinfo.gov/content/pkg/BILLS-113hr3395ih/xml/BILLS-113hr3395ih.xml

113-hr-3396

I 113th CONGRESS 1st Session H. R. 3396 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Burgess (for himself, Mrs. Christensen , Mr. Michaud , Ms. McCollum , Mr. Grijalva , Mr. King of New York , Mr. Latta , Mr. Whitfield , Mr. Wittman , Mrs. Bustos , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the issuance of a Veterans Health Care Stamp. 1. Short title This Act may be cited as the Veterans Health Care Stamp Act . 2. Veterans Health Care Stamp (a) In general In order to afford a convenient way for members of the public to contribute to funding for the medical care and treatment of veterans, the United States Postal Service shall provide for the issuance and sale of a special postage stamp which shall be known as the Veterans Health Care Stamp . (b) Terms and conditions The issuance and sale of the Veterans Health Care Stamp shall be governed by section 416 of title 39, United States Code (as last in effect, if expired), except that— (1) all amounts becoming available from the sale of the stamp shall be transferred to the Department of Veterans Affairs in accordance with section 416(d) of such title; and (2) the stamp— (A) shall be issued in time for Veterans Day of each year; (B) shall bear such illustration, depiction, design, or other image as the United States Postal Service shall determine; and (C) shall not be subject to any numerical limitation under section 416(e)(1)(C) of such title.

https://www.govinfo.gov/content/pkg/BILLS-113hr3396ih/xml/BILLS-113hr3396ih.xml

113-hr-3397

I 113th CONGRESS 1st Session H. R. 3397 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. Capps introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, to develop guidelines regarding the use by the Secretaries of the military departments and the Secretary of Veterans Affairs of unofficial sources of information to determine the eligibility of a member or former member of the Armed Forces for benefits and decorations when the member’s service records are incomplete because of damage to the records, including records damaged by a 1973 fire at the National Personnel Records Center in St. Louis, Missouri. 1. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for benefits and decorations when the service records are incomplete because of damage to the official record (a) Guidelines required The Secretary of Defense shall develop guidelines regarding the use by the Secretaries of the military departments and the Secretary of Veterans Affairs of unofficial sources of information, including eyewitness statements, to determine the eligibility of a member or former member of the Armed Forces for benefits and decorations when the service records of the member are incomplete because of damage to the records as a result of the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, or any subsequent incident while the records were in the possession of the Department of Defense. (b) Consultation The Secretary of Defense shall prepare the guidelines in consultation with the Secretary of Veterans Affairs, with respect to veterans benefits under title 38, United States Code, whose eligibility determinations depend on the use of service records maintained by the Department of Defense. (c) Time for completion The Secretary of Defense shall complete development of the guidelines not later than one year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3397ih/xml/BILLS-113hr3397ih.xml

113-hr-3398

I 113th CONGRESS 1st Session H. R. 3398 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Chabot (for himself, Mr. Smith of New Jersey , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the Secretary of State and the Administrator of the United States Agency for International Development to provide assistance to support the rights of women and girls in developing countries, and for other purposes. 1. Short title This Act may be cited as the Girls Count Act of 2013 . 2. Findings Congress makes the following findings: (1) According to the United States Census Bureau’s 2013 international figures, 1 person in 12—or close to 900,000,000 people—is a girl or young woman age 10 through 24. (2) The data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries do have birth registration laws, every year 51,000,000 children under 5 are not registered at birth, most of whom are girls. (4) A nationally recognized proof of birth is the key to determining a child’s citizenship, nationality, place of birth, parentage and age, without which a passport, drivers license, or national identification card are impossible to obtain. The lack of such documentation prevents girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) Without the ability to gain employment and identification necessary to participate officially in these sectors, women and girls are confined to the home and left unpaid and often-invisible members of society. (6) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (7) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs cannot be accurately gauged. (8) To ensure that women and girls are fully integrated into United States foreign assistance policies and programs, that the specific needs of girls are, to the maximum extent possible, addressed in the design, implementation, and evaluation of development assistance programs, and that women and girls have the power to effect the decisions that affect their lives, all girls should be counted and have access to birth certificates and other official documentation. 3. Statement of policy It is the policy of the United States to— (1) encourage countries to uphold the Universal Declaration of Human Rights and enact laws that ensure girls and boys of all ages are full participants in society, including requiring birth certifications and some type of national identity card to ensure that all citizens, including girls, are counted; (2) enhance training and capacity-building to developing countries, local nongovernmental organizations, and other civil society organizations to effectively address the needs of birth registries in countries where girls are undercounted; (3) include organizations representing children and families in the design, implementation, and monitoring of programs under this Act; and (4) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on girls. 4. United States assistance to support counting of girls in the developing world (a) Authorization The Secretary and the Administrator are authorized to— (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration as the first and most important life event to be registered; (2) promote programs that build the capacity of developing countries’ national and local legal and policy frameworks to prevent discrimination against girls; (3) support programs to help increase property rights, social security, and home ownership, land tenure security, and inheritance rights for women; (4) assist key ministries in the governments of developing countries, including health, interior, youth, and education ministries, to ensure that girls from poor households obtain equitable access to social programs. (b) Coordination with multilateral organizations The Secretary shall coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to urge and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration and identification laws to ensure girls are active participants in the social, economic, legal and political sectors of society in their countries. (c) Coordination with private sector and civil society organizations The Secretary and the Administrator should work with United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. 5. Report The Secretary and the Administrator shall include in all relevant congressionally mandated reports and documents the following information: (1) United States foreign assistance and development assistance beneficiaries by age, gender, and to the extent possible, marital status, location, and school enrollment status in all programs and sectors. (2) A description of how United States foreign assistance and development assistance benefits girls. (3) All information on programs that address the particular needs of girls. 6. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Development assistance The term development assistance means— (A) assistance under— (i) chapter 1 of part 1 of the Foreign Assistance Act of 1961; (ii) the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ); (iii) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7601 et seq. ); (iv) title V of the International Security and Development Cooperation Act of 1980 ( 22 U.S.C. 290h et seq. ; relating to the African Development Foundation); or (v) section 401 of the Foreign Assistance Act of 1969 ( 22 U.S.C. 290f ; relating to the Inter-American Foundation); (B) official development assistance under any provision of law; and (C) reconstruction assistance under any provision of law. (3) Foreign assistance The term foreign assistance means any tangible or intangible item provided by the United States Government to a foreign country or international organization under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) or any other Act, including any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, any gift, loan, sale, credit, guarantee, or export subsidy, United States dollars, and any currencies of any foreign country which are owned by the United States Government. (4) Secretary The term Secretary means the Secretary of State. 7. Sunset This Act shall expire on the date that is 5 years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3398ih/xml/BILLS-113hr3398ih.xml

113-hr-3399

I 113th CONGRESS 1st Session H. R. 3399 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Chu (for herself, Mr. Takano , Mr. Cook , and Mr. Denham ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make certain clarifications and improvements in the academic and vocational counseling programs administered by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Veterans Education Counseling Act . 2. Clarification and improvement of the provision of academic and vocational counseling to eligible veterans by the Secretary of Veterans Affairs (a) Academic Counseling and Educational Information Service Section 3697A of title 38, United States Code, is amended— (1) in subsection (a), by striking counseling services, including and inserting a program of counseling services, to be known as the Academic Counseling and Educational Information Service . Such counseling services shall include ; (2) in subsection (e), by adding at the end the following: In making such information available under this subsection, the Secretary shall make available information about the definitions, eligibility requirements, and services provided under this section and information about how the counseling services provided under this section differ from the services provided under section 3104(a)(2) of this title. At a minimum, the Secretary shall make such information available to an individual described in subsection (b) before the individual applies for educational assistance described in subsection (b)(1). ; and (3) by adding at the end the following new subsections: (f) The Secretary shall maintain an Internet website on which— (1) a person is able to request counseling services under this section in such a manner that clearly distinguishes such services from counseling services available under section 3104(a)(2) of this title; and (2) an individual receiving counseling services under this section is able to receive such services using a web-based counseling tool and to confidentially access aptitude tests. (g) The primary goal of the counseling services provided under this section is to provide to individuals with assistance in— (1) pursuing postsecondary education and training opportunities; (2) obtaining information regarding available postsecondary educational and training opportunities; (3) obtaining career-related information and data on available postsecondary educational and training opportunities; (4) selecting a program of education or training; and (5) addressing other needs relating to education. (h) Services provided under this section are different from the services provided under section 3104(a)(2) of this title and do not involve rehabilitation services. . (b) Vocational rehabilitation counseling (1) Electronic application Section 3102 of such title is amended by adding at the end the following new paragraph: (c) Electronic application for benefits The Secretary shall maintain an Internet website on which a person is able to submit an application for benefits under this chapter. . (2) Clarification regarding eligibility Veterans are only eligible for counseling services provided under section 3104(a)(2) of title 38, United States Code, if they are entitled to a rehabilitation program under chapter 31 of such title. Not all veterans who are transitioning from service on active duty in the Armed Forces are eligible for such services. (3) Goal of program The primary goal of the counseling services provided under section 3104(a)(2) of title 38, United States Code, is to help veterans eligible for such services to prepare for, obtain, and retain employment.

https://www.govinfo.gov/content/pkg/BILLS-113hr3399ih/xml/BILLS-113hr3399ih.xml

113-hr-3400

I 113th CONGRESS 1st Session H. R. 3400 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Clay (for himself, Mr. Fortenberry , Mr. Serrano , and Mrs. Noem ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To adopt the North American bison as the national mammal of the United States. 1. Short title This Act may be cited as the National Bison Legacy Act . 2. Findings Congress finds that— (1) bison are considered to be a historical symbol of the United States; (2) bison were integrally linked with the economic and spiritual lives of many Indian tribes through trade and sacred ceremonies; (3) there are more than 60 Indian tribes participating in the Intertribal Buffalo Council; (4) numerous members of Indian tribes— (A) are involved in bison restoration on tribal land; and (B) have a combined herd on more than 1,000,000 acres of tribal land; (5) the Intertribal Buffalo Council is a tribal organization incorporated pursuant to section 17 of the Act of June 18, 1934 (commonly known as Indian Reorganization Act ) ( 25 U.S.C. 477 ); (6) bison play an ecologically important role in modifying and improving the types of grasses found in landscapes to the benefit of grassland ecosystems; (7) a small group of ranchers helped save bison from extinction in the late 1800s by gathering the remnants of the decimated herds; (8) bison hold significant economic value for private producers and rural communities; (9) as of 2007, 200,000 head of bison were under the stewardship of private producers, creating jobs and providing a sustainable and healthy meat source contributing to the food security of the United States; (10) on December 8, 1905, William Hornaday, Theodore Roosevelt and others formed the American Bison Society in response to the near extinction of bison in the United States; (11) on October 11, 1907, the American Bison Society sent 15 captive-bred bison from the New York Zoological Park, now the Bronx Zoo, to the first wildlife refuge in the United States, which was known as the Wichita Mountains Wildlife Refuge , resulting in the first successful reintroduction of a mammal species on the brink of extinction back into its natural habitat; (12) in 2005, the American Bison Society was reestablished, bringing together bison ranchers, managers from Indian tribes, Federal and State agencies conservation organizations, and natural and social scientists from the United States, Canada, and Mexico to create a vision for the North American bison in the 21st century; (13) the buffalo nickel played an important role in modernizing the currency of the United States; (14) a bison has been depicted on the official seal of the Department of the Interior almost continuously since 1912, is portrayed on 2 State flags, has been adopted by 3 States as the official mammal or animal of those States, and has been adopted as a mascot by several sports teams, which highlights the iconic significance of bison in the United States; (15) there are bison herds in National Wildlife Refuges and National Parks; (16) there are bison in State-managed herds across 11 States; (17) there is a growing effort to celebrate and officially recognize the historical, cultural, and economic significance of the North American bison to the heritage of the United States; (18) in the 1st session of the 113th Congress, 22 United States Senators led a successful effort to enact a resolution to designate November 2, 2013, as the second annual National Bison Day; and (19) members of Indian tribes, bison producers, conservationists, sportsmen, educators, and other public and private partners have participated in the annual National Bison Day celebration at several events across the United States and are committed to continuing this tradition annually on the first Saturday of November. 3. Establishment and adoption of the North American bison as the national mammal The mammal commonly known as the North American bison is adopted as the national mammal of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr3400ih/xml/BILLS-113hr3400ih.xml

113-hr-3401

I 113th CONGRESS 1st Session H. R. 3401 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Cohen (for himself, Mr. Meeks , Mr. Danny K. Davis of Illinois , Mr. Ellison , Ms. Lee of California , and Ms. Norton ) 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 allow a local educational agency that receives a subgrant under section 2121 of such Act to use the funds to provide professional development activities that train school personnel about restorative justice and conflict resolution. 1. Short title This Act may be cited as the Restorative Justice in Schools Act of 2013 . 2. Restorative justice training Section 2123(a)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6623(a)(3)(B) ) is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (vi) provide training about restorative justice and conflict resolution. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3401ih/xml/BILLS-113hr3401ih.xml

113-hr-3402

I 113th CONGRESS 1st Session H. R. 3402 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Cohen (for himself, Mr. Conyers , Ms. Norton , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the Fair Debt Collection Practices Act by explicitly barring debt collectors from bringing legal action on a debt in which the statute of limitations has expired against any consumer, and for other purposes. 1. Short title This Act may be cited as the Fair Debt Collection Improvement Act . 2. Collection of time-barred debt (a) Legal actions on time-Barred debt Section 811 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692i ) is amended by adding at the end the following: (c) A debt collector may not bring, or threaten to bring, legal action against any consumer on a debt in which the statute of limitations has expired. . (b) Communication with consumers with time-Barred debt Section 805 of such Act ( 15 U.S.C. 1692c ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Communication with consumers with time-Barred debt In connection with the collection of debt in which the statute of limitations has expired, a debt collector shall disclose to a consumer the following: (1) The debt has been transferred to the debt collector. (2) The creditor no longer holds the debt. (3) As a result of the expiration of the statute of limitations with respect to such debt, the debt collector may not bring legal action against the consumer to collect such debt. (4) Any payment by the consumer towards the debt may cause the statute of limitations for such debt to reset. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3402ih/xml/BILLS-113hr3402ih.xml

113-hr-3403

I 113th CONGRESS 1st Session H. R. 3403 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Crawford (for himself, Mr. Ribble , Mr. Griffin of Arkansas , Mr. Womack , and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to allow motor carriers to use hair testing as a method of detecting the use of controlled substances by operators of commercial motor vehicles, and for other purposes. 1. Short title This Act may be cited as the Drug Free Commercial Driver Act of 2013 . 2. Hair testing as method of detecting use of controlled substances (a) In general Section 31306 of title 49, United States Code, is amended— (1) by redesignating subsections (d) through (j) as subsections (e) through (k), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Inclusion of hair testing as a method of testing for controlled substances (1) In general The Secretary of Transportation shall modify regulations issued under subsection (b) to allow a motor carrier to use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle. (2) Limitations on use of hair testing (A) Preemployment and random testing Regulations issued under paragraph (1) shall limit the use of hair testing as a method of detecting the use of a controlled substance to— (i) preemployment testing; and (ii) subject to subparagraph (B), random testing. (B) Limitation on use for random testing A motor carrier may not use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle for random testing unless the motor carrier tested such operator at preemployment using the same method. (3) Applicability of general testing guidelines A motor carrier using hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle shall be subject to— (A) privacy and other testing and laboratory requirements under subsection (c); and (B) clearinghouse requirements under section 1306a. . (b) Effective date The regulations required by section 31306 of title 49, United States Code, as added by subsection (a), shall be issued not later than 1 year after the date of enactment of this Act. 3. Guidelines for hair testing Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code, as amended by this Act. 4. Exemption during rulemaking process (a) In general The Secretary of Transportation shall develop procedures to allow a motor carrier to apply for an exemption under section 31306 of title 49, United States Code, to use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle instead of other methods of preemployment and random testing. The procedures shall remain in effect until the procedures required under the amendment made by section 2 have been implemented. (b) Limitations on exemption A motor carrier shall be eligible to apply for an exemption under paragraph (1) only if— (1) the motor carrier demonstrates to the Secretary that the carrier has used hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle for at least 1 year before the date of enactment of this Act; and (2) the motor carrier uses a hair testing laboratory that— (A) has obtained laboratory accreditation from the College of American Pathologists; and (B) uses a testing method that has been cleared by the Food and Drug Administration under section 510(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) ). (c) Applicability of general testing guidelines A motor carrier using hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle shall be subject to— (1) privacy and other testing and laboratory requirements under subsection (c); and (2) clearinghouse requirements under section 1306a of such title. 5. Report Not later than 1 year after the date of implementation of the regulations issued under section 31306(d) of title 49, United States Code (as amended by this Act), and annually thereafter, the Secretary shall submit to Congress a report containing an analysis of the efficacy of hair testing and urinalysis as methods of detecting the use of controlled substances. 6. Definitions In this Act, the following definitions apply: (1) Commercial motor vehicle The term commercial motor vehicle has the meaning given the term in section 31301 of title 49, United States Code. (2) Controlled substance The term controlled substance means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 802 ) specified by the Secretary of Transportation. (3) Motor carrier The term motor carrier has the meaning given the term in section 13102 of title 49, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr3403ih/xml/BILLS-113hr3403ih.xml

113-hr-3404

I 113th CONGRESS 1st Session H. R. 3404 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. DeLauro (for herself, Mr. Israel , Ms. Brown of Florida , Ms. Castor of Florida , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. DeFazio , Mr. Fitzpatrick , Mr. Grijalva , Mr. Gutiérrez , Mr. Hastings of Florida , Mr. Larson of Connecticut , Mrs. Lowey , Ms. Moore , Mr. Moran , Ms. Norton , Mr. Rush , Mr. Schiff , Ms. Tsongas , and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require that every mammography summary delivered to a patient after a mammography examination, as required by section 354 of the Public Health Service Act (commonly referred to as the Mammography Quality Standards Act of 1992 ), contain information regarding the patient’s breast density and language communicating that individuals with more dense breasts may benefit from supplemental screening tests, and for other purposes. 1. Short title This Act may be cited as the Breast Density and Mammography Reporting Act of 2013 . 2. Findings The Congress finds as follows: (1) The American Cancer Society reports that an individual with dense breast tissue faces a relative risk of developing breast cancer 4 or more times higher than an individual without dense breast tissue. (2) The National Cancer Institute estimates that 1 in 8 women in the United States will develop a cancer of the breast in their lifetime. (3) The Centers for Disease Control and Prevention reports that breast cancer is the number one cause of cancer death among Hispanic women, and the number two cause of cancer death among White, Black, Asian/Pacific Islander, and American Indian/Alaska Native women. (4) Individuals receiving mammograms are not currently required to receive medical summaries or reports from their mammogram providers which address breast density or its correlation to breast cancer, despite the fact that the radiologist interpreting the mammogram makes an assessment of the patient’s breast density. 3. Breast density reporting by facilities that perform mammograms to physicians and patients (a) In general Clause (ii) of section 354(f)(1)(G) of the Public Health Service Act ( 42 U.S.C. 263b(f)(1)(G) ) is amended— (1) in each of subclauses (III) and (IV), by striking and at the end; and (2) by adding at the end the following: (V) the report under subclause (I) and the summary under subclause (IV) shall include information regarding the patient’s individual measure of breast density, as specified by the Secretary based upon— (aa) current scientific knowledge; (bb) technological advances; or (cc) other updated medical procedures where the use of such screening developments is consistent with the practice of medical experts in the field; (VI) the summary under subclause (IV) shall convey to the patient his or her risk of developing breast cancer associated with below, above, and average levels of breast density as measured under subclause (V) and analyzed by the patient’s interpreting physician; and (VII) the summary under subclause (IV) shall include language, developed by the Secretary in consultation with leading experts, communicating that individuals with more dense breasts— (aa) may benefit from supplemental screening tests; and (bb) should talk with their physicians about any questions or concerns regarding the summary; and . (b) Rule of construction This section and the amendments made by this section shall not be construed to alter in any way Federal requirements relating to financial obligations of any person in connection with health insurance. (c) No preemption This section and the amendments made by this section shall not be construed to preempt any State requirements relating to reporting on a patient’s individual measure of breast density.

https://www.govinfo.gov/content/pkg/BILLS-113hr3404ih/xml/BILLS-113hr3404ih.xml

113-hr-3405

I 113th CONGRESS 1st Session H. R. 3405 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Denham (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To better connect current and former members of the Armed Forces with employment opportunities by consolidating duplicative Federal Government Internet websites into a single portal, to conserve resources by merging redundant and competing programs, and for other purposes. 1. Short title This Act may be cited as the United We Stand to Hire Veterans Act . 2. Consolidated and coordinated Federal Government Internet portal to connect current and former members of the Armed Forces with employers seeking employees with skills and experience developed through military service (a) Findings Congress makes the following findings: (1) Although significant progress has been made, unemployment among veterans remains stubbornly high. (2) The unemployment rate among younger veterans, ages 18 to 24, remains well above the national average. (3) This problem impacts the Department of Defense budget. Over the past 10 years, the Federal Government has expended more than $9,600,000,000 on unemployment compensation benefits for former members of the Armed Forces. (4) The Department makes significant investments in members of the Armed Forces including specialized technical training in skills that are easily transferrable to civilian career fields. (5) Beyond specific technical training, veterans gain unique leadership, organizational, and other skills that make them valued employees in the private sector. (6) Government agencies, private sector entities, and nonprofit organizations are responding to the issue of unemployment among veterans. (7) There are now so many programs to assist veterans in finding employment, many within the Government, that veterans may not know where to turn to find assistance in finding employment. While these programs are well intentioned, many are duplicative in nature, and compete for scarce resources. (8) The Department of Labor, the Department of Veterans Affairs, the Department of Defense, and the Office of Personnel Management are currently working to consolidate the veterans employment initiatives of the Government into a single, consolidated Internet portal with the goal of connecting veterans who are seeking employment with employers who want to employ them. (9) The consolidated portal would prevent Federal Government agencies from competing with each other to accomplish the same goal, and will save the Federal Government money while providing a comprehensive, coordinated tool for employers and veterans seeking employment. (10) The Federal Government can accomplish this by leveraging the best practices of current programs. (11) While progress has been made, there is no statutory requirement to streamline these Government programs and coordinate the resources that are all intended to achieve the same goal. (b) Consolidated Internet portal required Commencing not later than one year after the date of the enactment of this Act, the Secretary of Labor shall, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, consolidate Internet portals of the Federal Government on employment for current and former members of the Armed Forces into a comprehensive consolidated Internet portal for the purposes of connecting current and former members of the Armed Forces who are seeking employment with employers who want to employ them. (c) Elements (1) In general The consolidated Internet portal under subsection (b) should include the following: (A) A means through which current and former members of the Armed Forces may connect for employment purposes with employers seeking the experience and skills developed during service in the Armed Forces, including a means of presenting a profile of each member or former member to employers that includes, at a minimum— (i) the skills obtained by such member or former member during service in the Armed Forces and additional skills such member or former member is interested in pursuing; and (ii) the current or intended residence of such member or former member (including an option for members or former members who are willing to reside in various locations). (B) A means of permitting qualified prospective employers to post employment openings and seek contact with members or former members based on their profile for the purposes of requesting the initiation of arrangements or negotiations concerning potential employment. (C) A means of presenting other employment resources, including resume preparation, to members or former members seeking employment. (2) Matters considered In developing the consolidated Internet portal, the Secretaries referred to in subsection (b) should consider, at a minimum, the following: (A) Public and private sector resources on matters relating to the portal. (B) Opportunities to incorporate local employment networks into the portal. (C) Methodologies to determine the most effective employment resources and programs to be incorporated into the portal. (D) Means for streamlining processes through the portal for employers to find and employ former members of the Armed Forces. (d) Member participation Participation by a member or former member of the Armed Force in the consolidated Internet portal under subsection (b) shall be voluntary. A member or former member participating in the portal may cease participation in the portal at any time. (e) Pilot project authority (1) In general In order to expedite implementation of the consolidated Internet portal under subsection (b), the Secretaries may carry out one or more pilot projects to evaluate the feasibility and advisability of various options for the portal. Any such pilot project may only be a continuation or modification of an existing program. (2) Sunset The authority to carry out pilot projects under this subsection shall expire on the date that is five years after the date of the enactment of this Act. (f) Reports (1) Preliminary report Not later than six months after the date of the enactment of this Act, the Secretaries shall submit to the appropriate committees of Congress a report on the consolidated Internet portal under subsection (b). The report shall include the following: (A) A list of the Internet portals of the Federal Government that are redundant to, or duplicative of, the consolidated Internet portal. (B) An estimate of the cost savings to be achieved by the Federal Government through the consolidated Internet portal, including through the elimination or consolidation into the consolidated Internet portal of the Internet portals listed under subparagraph (A). (2) Report following implementation of portal Not later than one year after the date of the implementation of the portal under subsection (b), the Secretaries shall submit to the appropriate committees of Congress a report on the portal. (3) Elements Each report under this subsection shall include a description of the portal and such other information on the portal as the Secretaries consider appropriate. (4) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Education and the Workforce, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.

https://www.govinfo.gov/content/pkg/BILLS-113hr3405ih/xml/BILLS-113hr3405ih.xml

113-hr-3406

I 113th CONGRESS 1st Session H. R. 3406 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. DeSantis (for himself, Mr. Jordan , Mr. Yoho , Mr. Barr , Mr. LaMalfa , Mr. Broun of Georgia , Mr. Rice of South Carolina , Mr. Smith of Missouri , Mr. Salmon , Mr. Huizenga of Michigan , Mr. McKinley , Mrs. Bachmann , Mr. Wittman , Mr. King of Iowa , Mr. Posey , Mr. Price of Georgia , Mr. Harris , Mr. Cole , Mr. Massie , Mr. Labrador , Mr. Scalise , Mr. Bridenstine , Mr. Rothfus , Mr. Cotton , Mr. Bentivolio , Mr. Amash , Mr. Mica , Mr. Meadows , Mr. Gowdy , Mr. Chaffetz , Mr. Stutzman , Mr. Bishop of Utah , Mr. Franks of Arizona , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to ensure that individuals can keep their health insurance coverage. 1. Short title This Act may be cited as the If You Like Your Health Plan, You Can Keep it Act . 2. Amendment to the Patient Protection and Affordable Care Act (a) In general Part 2 of subtitle C of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18011 et seq. ) is amended by striking section 1251 and inserting the following: 1251. Freedom to maintain existing coverage (a) No changes to existing coverage (1) In general Nothing in this Act (or an amendment made by this Act) shall be construed to require that an individual terminate coverage under a group health plan or health insurance coverage in which such individual was enrolled during any part of the period beginning on the date of enactment of this Act and ending on December 31, 2013. (2) Continuation of coverage With respect to a group health plan or health insurance coverage in which an individual was enrolled during any part of the period beginning on the date of enactment of this Act and ending on December 31, 2013, this subtitle and subtitle A (and the amendments made by such subtitles) shall not apply to such plan or coverage, regardless of whether the individual renews such coverage. (b) Allowance for family members To join current coverage With respect to a group health plan or health insurance coverage in which an individual was enrolled during any part of the period beginning on the date of enactment of this Act and ending on December 31, 2013, and which is renewed, family members of such individual shall be permitted to enroll in such plan or coverage if such enrollment is permitted under the terms of the plan in effect as of such date of enrollment. (c) Allowance for new employees To join current plan A group health plan that provides coverage during any part of the period beginning on the date of enactment of this Act and ending on December 31, 2013, may provide for the enrolling of new employees (and their families) in such plan, and this subtitle and subtitle A (and the amendments made by such subtitles) shall not apply with respect to such plan and such new employees (and their families). (d) Effect on collective bargaining agreements In the case of health insurance coverage maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers that was ratified before December 31, 2013, the provisions of this subtitle and subtitle A (and the amendments made by such subtitles) shall not apply until the date on which the last of the collective bargaining agreements relating to the coverage terminates. Any coverage amendment made pursuant to a collective bargaining agreement relating to the coverage which amends the coverage solely to conform to any requirement added by this subtitle or subtitle A (or amendments) shall not be treated as a termination of such collective bargaining agreement. (e) Definition In this title, the term grandfathered health plan means any group health plan or health insurance coverage to which this section applies. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the Patient Protection and Affordable Care Act ( Public Law 111–148 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr3406ih/xml/BILLS-113hr3406ih.xml

113-hr-3407

I 113th CONGRESS 1st Session H. R. 3407 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Deutch (for himself, Mr. Conyers , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 establish the National Center for the Right to Counsel. 1. Short title This Act may be cited as the National Center for the Right to Counsel Act . 2. Findings Congress finds the following: (1) The Sixth Amendment to the Constitution of the United States provides that “In all criminal prosecutions, the accused shall enjoy the right to … have the Assistance of Counsel for his defense.” (2) In Gideon v. Wainwright, 372 U.S. 335 (1963), the United States Supreme Court held that the States were required to provide counsel for indigent defendants in all felony cases. (3) In Argersinger v. Hamlin, 407 U.S. 25 (1972), the United States Supreme Court held that indigent defendants are entitled to court-appointed counsel in any case that leads to actual imprisonment. (4) For more than 50 years, the States and local governments have been struggling to satisfy this mandate. 3. Definitions In this Act: (1) The term Board means the Board of Directors of the National Center for the Right to Counsel. (2) The term Center means the National Center for the Right to Counsel established in this Act. (3) The term indigent defendant means a defendant in a criminal case who is unable to afford a reasonable attorney’s fee in the case against such person. (4) The term public defense services means legal assistance provided to an indigent defendant in a criminal case against such person. (5) The term public defense system means a system that provides public defense services, and includes a system that is run by a State or local unit of government, and a system that is run by a private entity or individual that provides such services by reason of a contract with a State or local unit of government. (6) The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 4. Establishment of Center (a) In general There is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the National Center for the Right to Counsel, for the purpose of— (1) providing financial support to supplement, not supplant, funding for public defense systems; and (2) providing financial and substantive support for training programs that aim to improve the delivery of legal services to indigent defendants. (b) Principal office; agent for service of process The Center shall maintain its principal office in the District of Columbia and shall maintain therein a designated agent to accept service of process for the Center. Notice to or service upon the agent shall be deemed notice to or service upon the Center. (c) Status of Center under tax laws The Center shall be eligible to be treated as an organization described in section 170(c)(2)(B) of the Internal Revenue Code of 1986 and as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. If such treatments are conferred in accordance with the provisions of such Code, the Center shall be subject to all provisions of such Code relevant to the conduct of organizations exempt from taxation. 5. Governing body (a) Board of directors established The Center shall have a Board of Directors consisting of 9 voting members appointed by the President, by and with the advice and consent of the Senate. The President shall make such nominations not later than 60 days after the date of the enactment of this Act. (b) Qualifications of members The members shall be qualified as follows: (1) A majority of the members shall be members of the bar of the highest court of any State. (2) One member shall have been an indigent defendant who received public defense services from a public defense system. (3) The members, except for the member described in paragraph (2), shall have— (A) significant experience in the legal defense of criminal cases; (B) demonstrated a commitment to quality indigent defense representation; or (C) demonstrated a commitment to working with and advocating for the population served by the Center. (c) Terms (1) In general The term of a member shall be 5 years, except as provided in paragraphs (2) and (4). (2) First terms As designated by the President at the time of appointment, of the members first appointed— (A) 3 shall be appointed for terms of 2 years; (B) 3 shall be appointed for terms of 3 years; and (C) 3 shall be appointed for terms of 4 years. (3) Reappointment No member may be reappointed to more than two consecutive terms immediately following such member’s initial term. (4) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made. (5) Removal for cause A member of the Board may be removed by the President for malfeasance in office, for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause. (d) Members not officers or employees of a government The members of the Board shall not, by reason of such membership, be deemed officers or employees of the Federal Government, a State government, local government, or any law enforcement agency. (e) Chairman The President shall select a chairman from among the initial members to serve for a period of two years. Thereafter, the chairman shall be elected annually by the members. (f) Conflict of interest (1) In general No member of the Board, member of a State advisory council, or employee of a regional backup service center may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or employee or pertains specifically to any firm or organization with which such member or employee is then associated or has been associated within a period of two years. (2) Disclosure and recusal In the event of a conflict of interest described in paragraph (1), the member of the Board, member of a State advisory council, or employee of a regional backup service center who has a conflict shall disclose the interest that the member or employee has in the matter, subject to applicable attorney-client privilege, to the Board, and— (A) in the case of a member of a State advisory council, to that council; or (B) in the case of an employee of a regional backup service center, to that center. (3) Written policy The Center shall adopt a written policy to ensure that paragraphs (1) and (2) are carried out. (g) State advisory councils (1) In general; appointment of members Each State shall have a State advisory council composed of 9 members, appointed not later than 90 days after the first meeting of the Board as follows: (A) 3 members appointed by the Chief Justice of the highest court of the State. (B) 3 members appointed by the United States Senators for the State, or in the case of a State that does not have Senators, appointed by the Member of the United States House of Representatives for that State. (C) 3 members appointed by the chief executive of the State. (2) Failure to appoint If 90 days have elapsed without such an advisory council appointed pursuant to paragraph (1), the Board is authorized to appoint such a council, or such remaining unappointed members of the council, from among the individuals recommended by the State bar association. (3) Qualifications of members The members of the advisory council shall be subject to the qualifications under subsection (b), and shall be made from among recommendations made by the State bar association, in collaboration with the Access to Justice Initiative of the Department of Justice. (4) Terms; vacancies The term of a member of a State advisory council shall be 4 years. A member may serve after the expiration of that member’s term until a successor member takes office. A vacancy on the council shall be filled in the manner described in paragraph (2). (5) Powers Each State advisory council shall— (A) monitor, receive, and investigate complaints regarding the compliance of public defense systems in that State that receive funding under this Act with the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act; (B) notify the Center of any apparent violation of the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act, and furnish a copy of the notification to any recipient affected thereby, and the Center shall allow such recipient a reasonable time (but in no case less than 30 days) to reply to any allegation contained in the notification; (C) collect information and data on the delivery of public defense services in that State; and (D) facilitate the sharing of information between public defense systems in that State. (6) Staff Each State advisory council may appoint additional personnel as it considers appropriate in order to carry out paragraph (5)(A). (7) Report Beginning on the date that is one year after a State advisory council has its first meeting, and annually thereafter, a State advisory council shall submit the Center a report that includes— (A) an assessment on the provision of public defense services in that State; and (B) recommendations on actions that the Center could take to— (i) enhance compliance of public defense systems in that State that receive funding under this Act with the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act; and (ii) improve the delivery of public defense services in that State. (h) Open meetings; applicability of Government in the Sunshine provisions All meetings of the Board, of any executive committee of the Board, and of any advisory council established in connection with this Act shall be open and shall be subject to the requirements and provisions of section 552b of title 5, United States Code (relating to open meetings). (i) Quarterly meetings The Board shall meet at least 4 times during each calendar year. 6. Officers and employees (a) Executive Director and other officers The Board shall appoint the Executive Director of the Center, who shall be a member of the bar of the highest court of a State and shall be a nonvoting ex officio member of the Board, and such other officers as the Board determines necessary. No officer of the Center may receive any salary or other compensation for services from any source other than the Center during his period of employment by the Center, except as authorized by the Board. All officers shall serve at the pleasure of the Board. (b) Appointment and removal of employees The Executive Director of the Center, subject to general policies established by the Board, may appoint and remove such employees of the Center as the Executive Director determines necessary to carry out the purposes of the Center. (c) Nonpartisan appointments No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Center or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this title. (d) Compensation Officers and employees of the Center shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code. (e) Officers and employees not deemed officers and employees of Federal Government (1) In general Except as otherwise specifically provided in this Act, officers and employees of the Center shall not be considered officers or employees, and the Center shall not be considered a department, agency, or instrumentality, of the Federal Government. (2) Exceptions Officers and employees of the Center shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5, United States Code: subchapter I of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Center shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection. (3) Freedom of Information The Center and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code (relating to freedom of information). (4) Office of Management and Budget Nothing in this Act shall be construed as limiting the authority of the Office of Management and Budget to review and submit comments upon the Center's annual budget request at the time it is transmitted to the Congress. 7. Powers, duties, and limitations (a) Powers of nonprofit corporation To the extent consistent with the provisions of this Act, the Center shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (except for section 1005(o) of title 29 of the District of Columbia Code). (b) Grant and contract power The Center is authorized— (1) for the purpose of providing public defense services to indigent defendants, to provide financial assistance to and to make grants and contracts with individuals, partnerships, firms, corporations, nonprofit organizations, public defense systems, State governments, and local governments; and (2) to make such other grants and contracts as are necessary to carry out the purposes and provisions of this Act. (c) Power To accept money and property The Center is authorized to accept, in the name of the Center, and employ or dispose of in furtherance of the purposes of this Act, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. (d) Other powers relating to the provision of public defense services The Center is authorized to undertake directly, or by grant or contract, the following activities relating to the delivery of public defense services— (1) research; (2) training and technical assistance; and (3) to serve as a clearinghouse for information. (e) Disciplinary powers (1) Center The Center shall have authority to ensure the compliance of recipients and their employees with the provisions of this Act and the rules, regulations, and guidelines promulgated pursuant to this Act, and to terminate, after a hearing in accordance with section 11, financial support to a recipient which fails to comply. (2) Recipient If a recipient finds that any of its employees has violated or caused the recipient to violate the provisions of this Act, or the rules, regulations, and guidelines promulgated pursuant to this Act, the recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of section 11. (f) Representational questions No question of whether representation is authorized under this Act, or the rules, regulations, or guidelines promulgated pursuant to this Act, shall be considered in, or affect the final disposition of, any proceeding in which a person is represented by a recipient or an employee of a recipient. A litigant in such proceeding may refer any such question to the Center which shall review and dispose of the question promptly, and take appropriate action. This subsection shall not preclude judicial review under applicable law. (g) Interference with professional responsibilities of attorneys prohibited The Center shall not, under any provision of this Act, interfere with any attorney in carrying out such attorney’s professional responsibilities to such attorney’s client as established in the American Bar Association Model Rules of Professional Conduct or abrogate as to attorneys in programs assisted under this Act the authority of a State of other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction. The Center shall ensure that activities under this Act are carried out in a manner consistent with attorneys’ professional responsibilities. (h) Bar member required No attorney shall receive any compensation, either directly or indirectly, for the provision of public defense services under this Act unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance in the jurisdiction where such services are initiated. (i) Languages other than English In areas where significant numbers of indigent defendants speak a language other than English as their principal language, the Center shall, to the extent feasible, provide that their principal language is used in the provision of public defense services to such defendants under this Act. (j) Miscellaneous prohibitions (1) The Center shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) No part of the income or assets of the Center shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses. (k) Political activities of Center employees and staff attorneys (1) Employees of the Center or of recipients shall not at any time intentionally identify the Center or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office. (2) Employees of the Center and staff attorneys shall be deemed to be State or local employees for purposes of chapter 15 of title 5, except that no staff attorney may be a candidate in a partisan political election. 8. Grants and Contracts (a) Center Executive Director authorized To make grants and enter into contracts The Executive Director of the Center is authorized to make grants and enter into contracts under this Act. (b) Grants described (1) In general The Center shall make grants to State or local governments and public defense systems that supplement, not supplant, other available resources for the purpose of improving or establishing public defense systems. (2) Term The term of a grant under this section shall be 2 or 3 years, as determined by the Center. (3) Renewal A grant recipient under this Act may renew such grant by submitting an application to the Executive Director of the Center at such time, in such manner, and containing such information as the Executive Director may reasonably require, including an assessment of such recipient’s compliance with or progress toward achieving the quality standards that the Center develops under subsection (e). (c) Program evaluation The Center shall monitor and evaluate and provide for independent evaluations of programs supported in whole or in part under this Act to ensure that the provisions of this Act and the bylaws of the Center and applicable rules, regulations, and guidelines promulgated pursuant to this Act are carried out. (d) Public notification Not later than 30 days prior to the approval of any grant application or prior to entering into a contract or prior to the initiation of any other project, the Center shall announce publicly, and shall notify the Governor, the State bar association of any State, and the principal local bar associations (if there be any) of any community, where public defense services will thereby be initiated, of such grant, contract, or project. Notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations. (e) Quality standards The Center shall develop and make publicly available standards for the quality of public defense services, which the Center shall use to assess the success of a recipient in improving a public defense system. (f) Online database The Center shall establish and maintain a database that shall be publicly available online, and shall include the contact information for all public defense systems in every State. (g) Regional backup service (1) In general The Center shall establish regional backup service centers to assist public defense systems. (2) Services The services provided at such centers shall include— (A) providing attorneys engaged in public defense services with access to qualified investigators and sentencing mitigation specialists; (B) providing information to public defense systems about grants that are available to them, and providing assistance and guidance to public defense systems that apply for such grants; and (C) other services that the Center determines are appropriate. (3) Locations The Center shall determine the locations of the regional backup service centers, and the geographic region that each center is responsible for serving. (h) Requisites With respect to grants or contracts in connection with the provision of public defense services under this Act, the following shall apply: (1) Professional standards The Center shall ensure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing public defense services. (2) Economical and effective delivery of public defense services The Center shall ensure that grants and contracts are made so as to provide the most economical and effective delivery of public defense services to persons in both urban and rural areas. (3) Outside practice of law prohibited The Center shall ensure that attorneys employed full time in public defense services activities supported in major part by the Center refrain from— (A) any compensated outside practice of law; and (B) any uncompensated outside practice of law except as authorized in guidelines promulgate by the Center. (4) Continuation of funding The Center may provide interim funding necessary to maintain current level of activities for any grantee, contractor, or person or entity receiving financial assistance under this Act that files with the Center a timely application for refunding until— (A) the application for refunding has been approved and funds pursuant thereto received; or (B) the application for refunding has been denied in accordance with section 11. 9. Records and reports (a) Authority To require reports The Center is authorized to require such reports as it deems necessary from any grantee, contractor, person, or entity receiving financial assistance under this Act regarding activities carried out pursuant to this Act. (b) Authority To require recordkeeping; access to records The Center is authorized to prescribe the keeping of records with respect to funds provided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided. (c) Annual report to President and Congress The Center shall publish an annual report which shall be filed by the Center with the President and the Congress. Such report shall include— (1) a description of the state of the provision of public defense services throughout the United States and any recommendations for improving the state of such services; (2) a description of the services that the Center provides and any recommendations for improving the quality of such services; and (3) a copy of each report from a State advisory council that the Center has received for that year under section 5(g)(6). (d) Copies and retention of reports Copies of all reports pertinent to the evaluation, inspection, or monitoring of any grantee, contractor, or person or entity receiving financial assistance under this Act shall be submitted on a timely basis to such grantee, contractor, or person or entity, and shall be maintained in the principal office of the Center for a period of at least 5 years subsequent to such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Center may establish. (e) Publication in Federal Register of rules, regulations, guidelines, and instructions The Center shall afford notice and reasonable opportunity for comment to interested parties prior to issuing rules, regulations, and guidelines, and it shall publish in the Federal Register at least 30 days prior to their effective date all its rules, regulations, guidelines, and instructions. 10. Audits (a) Annual audit (1) In general The accounts of the Center shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken. (2) Availability of records The audits shall be conducted at the place or places where the accounts of the Center are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Center and necessary to facilitate the audits shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person. (3) Audit report The report of the annual audit shall be filed with the Government Accountability Office and shall be available for public inspection during business hours at the principal office of the Center. (b) Audit by Government Accountability Office (1) In general In addition to the annual audit, the financial transactions of the Center for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the Government Accountability Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States. (2) Availability of Records Any such audit shall be conducted at the place or places where accounts of the Center are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Center and necessary to facilitate the audit, and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Center shall remain in the possession and custody of the Center throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accountability Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 3523(c) of title 31, United States Code. (3) Audit report A report of such audit shall be made by the Comptroller General to the Congress and to the President, together with such recommendations with respect thereto as the Comptroller General shall deem advisable. (c) Attorney-Client privilege Not­with­stand­ing the provisions of this section or of section 9, neither the Center nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege. 11. Special limitations The Center shall prescribe procedures that ensure that financial assistance under this Act shall not be terminated (except that funding may be temporarily suspended during an interim period during the processing and consideration of an application for refunding), and an application for refunding shall not be denied, unless the grantee, contractor, or person or entity receiving financial assistance under this Act has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Center to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Center in accordance with procedures established in regulations promulgated by the Center. 12. Coordination The President may direct that appropriate support functions of the Federal Government may be made available to the Center in carrying out its activities under this Act, to the extent not inconsistent with other applicable law. 13. GAO Study On the date that is 4 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a study on— (1) the affect that the Center has had on— (A) the provision of public defense services; and (B) the cost of the criminal justice system; and (2) the provision and the cost of providing public defense services for jurisdictions that do not receive assistance from the Center. 14. Funds Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3756 ) is amended by inserting at the end the following: (c) Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General shall reserve not less than 10 percent to carry out the National Center for the Right to Counsel Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3407ih/xml/BILLS-113hr3407ih.xml

113-hr-3408

I 113th CONGRESS 1st Session H. R. 3408 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. Ellmers (for herself, Mr. Roe of Tennessee , Ms. Brownley of California , Mr. McIntyre , Mr. Ruiz , Mr. Coble , Mr. Price of North Carolina , and Mr. Pittenger ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to educate certain staff of the Department of Veterans Affairs and to inform veterans about the Injured and Amputee Veterans Bill of Rights, and for other purposes. 1. Short title This Act may be cited as the Injured and Amputee Veterans Bill of Rights . 2. Injured and Amputee Veterans Bill of Rights (a) Display The Secretary of Veterans Affairs shall ensure that the Injured and Amputee Veterans Bill of Rights described in subsection (d) is printed on signage in accessible formats and displayed prominently and conspicuously in each prosthetics and orthotics clinic of the Department of Veterans Affairs. (b) Education of Department employees The Secretary of Veterans Affairs shall ensure that employees of the Department of Veterans Affairs who work at prosthetics and orthotics clinics and who work as patient advocates with veterans who receive care at such clinics, including Federal recovery coordinators and case managers, receive training on the Injured and Amputee Veterans Bill of Rights described in subsection (d). (c) Outreach to veterans The Secretary of Veterans Affairs shall conduct outreach to inform veterans about the Injured and Amputee Veterans Bill of Rights described in subsection (d) by— (1) ensuring that such Bill of Rights is available on the Internet Web site of the Department of Veterans Affairs; and (2) conducting other types of outreach targeted at specific groups of veterans, which may include outreach conducted on other Internet Web sites or through veterans service organizations. (d) Injured and Amputee Veterans Bill of Rights The Injured and Amputee Veterans Bill of Rights described in this subsection is a statement that injured and amputee veterans should have, at a minimum, the following rights: (1) The right to access the highest quality prosthetic and orthotic care, including the right to the most appropriate technology and best qualified practitioners. (2) The right to continuity of care in the transition from the Department of Defense health program to the Department of Veterans Affairs health care system, including comparable benefits relating to prosthetic and orthotic services. (3) The right to select the practitioner that best meets their orthotic and prosthetic needs, whether or not that practitioner is an employee of the Department of Veterans Affairs, a private practitioner who has entered into a contract with the Secretary of Veterans Affairs to provide prosthetic and orthotic services, or a private practitioner with specialized expertise. (4) The right to consistent and portable health care, including the right to obtain comparable services and technology at any medical facility of the Department of Veterans Affairs across the country. (5) The right to timely and efficient prosthetic and orthotic care, including a speedy authorization process with expedited authorization available for veterans visiting from another area of the country. (6) The right to play a meaningful role in rehabilitation decisions, including the right to receive a second opinion regarding prosthetic and orthotic treatment options. (7) The right to receive appropriate treatment, including the right to receive both a primary prosthesis or orthosis and a functional spare. (8) The right to be treated with respect and dignity and have an optimal quality of life both during and after rehabilitation. (9) The right to transition and readjust to civilian life in an honorable manner, including by having ample access to vocational rehabilitation, employment programs, and housing assistance. (e) Monitoring and resolution of complaints (1) In general The Secretary of Veterans Affairs, acting through the veteran liaison at each medical center of the Department of Veterans Affairs, shall collect information relating to the alleged mistreatment of injured and amputee veterans. (2) Quarterly reports For each fiscal quarter, the veteran liaison at each medical center of the Department shall submit to the Chief Consultant of Prosthetics and Sensory Aids of the Department a report on any information collected under paragraph (1) during that quarter. (3) Investigation and addressing of complaints The Chief Consultant, in cooperation with appropriate employees of a medical center of the Department, shall investigate and address any information collected under paragraph (1) at that medical center.

https://www.govinfo.gov/content/pkg/BILLS-113hr3408ih/xml/BILLS-113hr3408ih.xml

113-hr-3409

I 113th CONGRESS 1st Session H. R. 3409 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Fincher introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Wildlife Refuge System Administration Act of 1966 to require that any expansion of a national wildlife refuge must be expressly authorized by statute. 1. Short title This Act may be cited as the National Wildlife Refuge Expansion Limitation Act of 2013 . 2. Prohibition on expansion of national wildlife refuges Section 4(a) of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd(a) ) is amended by adding at the end the following: (6) The Secretary may not expand any national wildlife refuge except as expressly authorized by a law enacted after January 3, 2013. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3409ih/xml/BILLS-113hr3409ih.xml

113-hr-3410

I 113th CONGRESS 1st Session H. R. 3410 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Franks of Arizona (for himself and Mr. Sessions ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to secure critical infrastructure against electromagnetic pulses, and for other purposes. 1. Short title This Act may be cited as the Critical Infrastructure Protection Act or CIPA . 2. EMP planning, research and development, and protection and preparedness (a) In general The Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in section 2 ( 6 U.S.C. 101 ), by inserting after paragraph (6) the following: (6a) EMP The term EMP means— (A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (B) an electromagnetic pulse caused by solar storms or other naturally occurring phenomena. ; (2) in title V ( 6 U.S.C. 311 et seq. ), by adding at the end the following: 526. National planning scenarios and education The Secretary, acting through the Assistant Secretary of the National Protection and Programs Directorate, shall— (1) include in national planning scenarios the threat of EMP events; and (2) conduct a campaign to proactively educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of the threat of EMP events. ; (3) in title III ( 6 U.S.C. 181 et seq. ), by adding at the end of the following: 318. EMP research and development (a) In general In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall conduct research and development to mitigate the consequences of EMP events. (b) Scope The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. ; and (4) in section 201(d) ( 6 U.S.C. 121(d) ), by adding at the end the following: (26) (A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— (i) a comprehensive plan to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and (ii) biennial updates of such plan. (B) The comprehensive plan shall— (i) be based on findings of the research and development conducted under section 318; (ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive–7) for critical infrastructures; (iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and (iv) include a classified annex. . (b) Clerical amendments The table of contents in section 1(b) of such Act is amended— (1) by adding at the end of the items relating to title V the following: Sec. 526. National planning scenarios and education. ; and (2) by adding at the end of the items relating to title III the following: Sec. 318. EMP research and development. . (c) Deadline for initial plan The Secretary of Homeland Security shall submit the comprehensive plan required under the amendment made by subsection (a)(4) by not later than one year after the date of the enactment of this Act. (d) Report The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed— (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning scenarios; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) beginning a campaign to proactively educate emergency planners and emergency responders at all levels of government regarding the threat of EMP events.

https://www.govinfo.gov/content/pkg/BILLS-113hr3410ih/xml/BILLS-113hr3410ih.xml

113-hr-3411

I 113th CONGRESS 1st Session H. R. 3411 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Gohmert (for himself, Mr. Fleming , Mr. Stockman , Mr. Brady of Texas , and Mr. Hall ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for an exchange of land between the United States Department of Agriculture and the Sabine River Authority of Texas. 1. Short title This Act may be cited as the Sabine National Forest Land Exchange Act of 2013 . 2. Definitions In this Act: (1) Authority The term Authority means the Sabine River Authority of Texas. (2) Federal land The term Federal land means— (A) the approximately 4,000 acres of National Forest System land, excluding the subsurface mineral estate and including certain land in the wilderness area, located in Texas within Sabine National Forest and the Toledo Bend Project boundary, as generally depicted on a map titled Sabine National Forest Toledo Bend Project Strip Lands ; and (B) certain additional Federal land, excluding the subsurface mineral estate, occupied by Forest Service campgrounds, including all structures, buildings, fixtures, roads, and other improvements on the land, adjacent to the Toledo Bend Project, as mutually agreed by the Secretary and the Authority, and as generally depicted on the map titled Sabine National Forest Campgrounds, Toledo Bend Project . (3) Non-Federal land The term non-Federal land means the parcel or parcels of private land, excluding the subsurface mineral estate, adjacent to Sabine National Forest— (A) owned or to be acquired by the Authority; and (B) mutually agreed upon by the Authority and the Secretary. (4) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Toledo Bend Project The term Toledo Bend Project means Federal Energy Regulatory Commission Project numbered 2305. (6) Wilderness area The term wilderness area means the Indian Mounds Wilderness Area, Sabine National Forest, as designated by section 2(4) of the Texas Wilderness Act of 1984 ( Public Law 98–574 ; 16 U.S.C. 1132 note). (7) Wilderness candidate land The term wilderness candidate land means certain non-Federal land adjacent to the wilderness area that is intended for inclusion as part of the wilderness area upon acquisition by the Secretary. 3. Land exchange, Sabine National Forest (a) Land exchange authorized and directed In exchange for the non-Federal land and any cash equalization payment authorized in subsection (d), the Secretary shall convey to the Authority all right, title, and interest of the United States in and to the Federal land. (b) Existing rights The conveyance of the Federal land under subsection (a) shall be subject to valid existing rights. (c) Implementation (1) Appraisal (A) Deadline Not later than 180 days after the date of the enactment of this Act, the Secretary shall complete an appraisal of the surface estate of the Federal land and non-Federal land. (B) Standards The appraisal under this paragraph shall be performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practice; and (iii) appraisal instructions issued by the Secretary. (C) Effect of restrictive covenant In determining the value of the Federal land, the Secretary shall account for the limitations on the use of the Federal land after conveyance imposed by the restrictive covenant required by subsection (e)(3). (2) Survey The exact acreage and legal description of the Federal land and non-Federal land, including a separate accounting of the wilderness candidate land, to be conveyed under subsection (a) shall be determined by surveys or other means identifying and describing such land mutually agreed to by the Secretary and the Authority. (3) Costs The costs of conducting the land exchange under subsection (a) shall be shared equally by the Authority and the Secretary. (d) Cash equalization (1) Equal value exchange The land exchange under subsection (a) shall be conducted on an equal value basis. (2) Limits waived The values of the lands to be exchanged under subsection (a) may be equalized through the use of a cash equalization payment in an amount in excess of the statutory limit specified in section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). (3) Disposition and use of funds Any cash equalization payment received by the Secretary under this subsection shall be deposited into the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). The payment shall be available to the Secretary for expenditure, without further appropriation and until expended, for the acquisition of land or interests in land for addition to the National Forest System. (e) Title (1) In general Title to the non-Federal land conveyed to the Secretary under this section shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (2) Reservation of mineral estate The Secretary shall ensure that the deed of conveyance to convey the Federal land to the Authority reserves for the United States any subsurface mineral estate owned by the United States in the Federal land, including oil, gas, rock, sand, and gravel. (3) Restrictive covenant (A) In general In the deed of conveyance that conveys the Federal land to the Authority, the Secretary shall include a covenant, running with the land, providing that the Federal land conveyed shall— (i) be used in a manner consistent with the management of adjacent National Forest System land or wilderness area land; (ii) remain unsubdivided; and (iii) not be used for commercial, residential, or industrial development. (B) Prohibition The restrictive covenant described in subparagraph (A) shall not create any property interest of the United States. (f) Continued campground operation The Authority may continue to operate and maintain the Forest Service campgrounds described in section 2(2)(B) and conveyed under subsection (a) consistent with the authorization granted by the Federal Energy Regulatory Commission. (g) Time for completion It is the intent of Congress that the land exchange under subsection (a) be completed not later than one year after the date of the enactment of this Act. 4. Boundary adjustment, Indian Mounds Wilderness Area, Sabine National Forest (a) Boundary adjustment Upon completion of the land exchange under section 3(a), the Secretary shall modify the boundaries of the wilderness area— (1) to exclude all wilderness area land that, before the exchange, was located within the Toledo Bend Project, and such land shall be removed from wilderness designation and shall cease to be part of the wilderness area and the National Wilderness Preservation System under the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (2) to include as part of the wilderness area all wilderness candidate land acquired by the Secretary under such section, and such land shall be designated as wilderness and as a component of the National Wilderness Preservation System. (b) Map and legal description (1) Required As soon as practicable after completion of the land exchange under section 3(a), the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the changes made to the boundaries of the wilderness area as a result of the land exchange. (2) Force and effect The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. (3) Public inspection The map and legal description also shall be on file and available for public inspection in the appropriate offices of the Forest Service.

https://www.govinfo.gov/content/pkg/BILLS-113hr3411ih/xml/BILLS-113hr3411ih.xml

113-hr-3412

I 113th CONGRESS 1st Session H. R. 3412 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Gowdy (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Higher Education Regulatory Reform Task Force, to expand the experimental sites initiative under the Higher Education Act of 1965 to reduce college costs for students, and for other purposes. 1. Short title This Act may be cited as the Flexibility to Innovate for College Affordability Act . 2. Higher Education Regulatory Reform Task Force (a) Task Force established Not later than 2 months after the date of enactment of this Act, the Secretary of Education shall establish the Higher Education Regulatory Reform Task Force. (b) Membership The Higher Education Regulatory Reform Task Force shall include— (1) the Secretary of Education or the Secretary’s designee; (2) the head of each other Federal agency (or such head’s designee) that the Secretary of Education determines to be relevant to the activities of the Higher Education Regulatory Reform Task Force; (3) a representative of the Advisory Committee on Student Financial Assistance established under section 491 of the Higher Education Act of 1965 ( 20 U.S.C. 1098 ); (4) representatives from the higher education community, including— (A) institutions of higher education, with equal representation of public and private nonprofit institutions, and two-year and four-year institutions, and with not less than 25 percent of such representative institutions carrying out distance education programs; and (B) nonprofit organizations representing institutions of higher education; and (5) any other entity or individual the Secretary of Education determines appropriate. (c) Activities (1) Report required Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall submit to Congress and make available on a publicly available website a report (in this Act referred to as the Higher Education Regulatory Reform Report ) prepared by the Higher Education Regulatory Reform Task Force on Federal regulatory requirements for institutions of higher education. In prioritizing the review and consideration of such regulatory requirements for the purposes of the Higher Education Regulatory Reform Report, the Higher Education Regulatory Reform Task Force shall give highest priority to regulations that are in effect at the time of such review and consideration and related to— (A) State authorization of distance education; (B) the Integrated Postsecondary Education Data System (IPEDS); (C) the Office of Management and Budget’s A–21 Circular; (D) reporting under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; (E) calculation of default rates under section 435(a) of the Higher Education Act of 1965; (F) gainful employment; (G) revenue requirements for institutions of higher education under section 487(a)(24) and (d) of the Higher Education Act of 1965; and (H) the Single Audit Act of 1984 and the Office of Management and Budget’s A–133 Circular. (2) Contents of report The Higher Education Regulatory Reform Report shall contain the following with respect to regulatory requirements for institutions of higher education: (A) A list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome. (B) For each rule listed in accordance with subparagraph (A) and that is in effect at the time of the review under subparagraph (A), an analysis of whether the costs outweigh the benefits for such rule. (C) Recommendations to consolidate, modify, simplify, or repeal such rules to make such rules more effective or less burdensome. (D) A description of the justification for and impact of the recommendations described in subparagraph (C) , as appropriate and available, including supporting data for such justifications and the financial impact of such recommendations on institutions of higher education of varying sizes and types. (E) Recommendations on the establishment of a permanent entity to review new regulatory requirements affecting institutions of higher education. (3) Notice and comment At least 30 days before submission of the Higher Education Regulatory Reform Report required under paragraph (1) , the Secretary of Education shall publish the report in the Federal Register for public notice and comment. The Higher Education Regulatory Reform Task Force may modify the report in response to any comments received before submission of the report to Congress. (d) Definition of institution of higher education For the purposes of this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that such term does not include institutions described in subsection (a)(1)(C) of such section 102. 3. Expedited consideration by Congress (a) Presentation of Higher Education Regulatory Reform Report to Congress and expedited consideration (1) In general The President shall propose, at the time and in the manner provided in paragraph (2) , the carrying out of all or part of the recommendations contained in the Higher Education Regulatory Reform Report prepared by the Higher Education Regulatory Reform Task Force in accordance with section 2 . (2) Transmittal of special message Not later than 120 days after the submission of the Higher Education Regulatory Reform Report to Congress under section 2(c) , the President shall transmit to Congress a special message to carry out all or part of the recommendations contained in such Report. The President shall include with that special message a bill that would carry out the recommendations. The President may not transmit more than one such special message each year. (3) Expedited consideration of President’s Higher Education Regulatory Reform bill (A) Higher Education Regulatory Reform bill Within 14 days after the President submits to Congress a bill under paragraph (2) , the majority leader of the House of Representatives and the majority leader of the Senate shall each introduce such bill, by request. (B) Consideration in the House of Representatives (i) Referral and reporting Any committee of the House of Representatives to which such bill is referred shall report it to the House without amendment not later than the 14th legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Proceeding to consideration Not later than 21 legislative days after such bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider such bill in the House. Such a motion shall be highly privileged and not debatable, and shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iii) Consideration If the motion to proceed is agreed to, the House shall immediately proceed to consider such bill in the House without intervening motion. Such bill shall be considered as read. All points of order against the bill and against its consideration are waived. The previous question shall be considered as ordered on the bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. (C) Consideration in the Senate (i) Committee action The appropriate committee of the Senate shall report without amendment the bill referred to in subparagraph (A) not later than the seventh session day after introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Motion to proceed Not later than 3 session days after the bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the draft bill. (iii) Consideration If a motion to proceed to the consideration of the draft bill is agreed to, the Senate shall immediately proceed to consideration of the draft bill without intervening motion, order, or other business, and the draft bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the draft bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the draft bill shall be limited to not more than 10 hours. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the draft bill is not in order. A motion to reconsider the vote by which the draft bill is agreed to or disagreed to is not in order. (D) Amendments prohibited No amendment to, or motion to strike a provision from, the draft bill considered under this section shall be in order in either the House of Representatives or the Senate. (E) Coordination with action by other house If, before passing the bill, one House receives from the other a bill— (i) the bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the bill of the receiving House. (F) Limitation This paragraph shall apply only to the bill referred to in subparagraph (A) , introduced pursuant to such subparagraph. (b) Definition For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period. 4. Expanding the experimental sites initiative Section 487A(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1094a(b)(3) ) is amended— (1) in subparagraph (B)— (A) by inserting (other than for purposes of an experiment described in subparagraph (C)) after award amounts ; and (B) by inserting , such as an experiment described in subparagraph (D) after results of the experiment ; and (2) by adding at the end the following new subparagraphs: (C) Waivers of grant and loan maximum award amounts The Secretary is authorized to waive any requirements in this title or regulations prescribed under this title relating to grant and loan maximum award amounts (or any other requirements or regulations that may bias the results of the experiment described in this subparagraph) for any institution participating as an experimental site under subparagraph (A) to carry out an experiment to, with respect to each student whose workload exceeds the minimum workload that the institution considers a full-time academic workload for the program of study that the student is pursuing, increase the maximum Federal Pell Grant and loan award amounts for the student in proportion to the amount that the student’s workload exceeds such minimum full-time academic workload, so long as the institution demonstrates to the Secretary that the experiment described in this subparagraph will assist in decreasing the total the cost of attendance (defined in section 472) for the student. (D) Waivers for competency-based learning The Secretary is authorized to waive any requirements in this title or any regulations prescribed under this title (including any accreditation requirements or any other requirements or regulations that may bias the results of the experiment described in this subparagraph) for any institution participating as an experimental site under subparagraph (A) to carry out an experiment to provide Federal grant and loan awards to— (i) students enrolled in remedial courses or competency-based learning programs, which are not accredited, but are approved by the institution and provide competencies for success in certain programs of study at the institution; (ii) students (or potential students) to pay for the test fees of tests, based on the results of which the institution may award the students academic credit for prior learning; or (iii) secondary school students enrolled in courses at the institution, so long as the institution demonstrates to the Secretary that the experiment described in this subparagraph will assist in decreasing the total the cost of attendance (defined in section 472) for such students. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3412ih/xml/BILLS-113hr3412ih.xml

113-hr-3413

I 113th CONGRESS 1st Session H. R. 3413 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Hanna (for himself, Mr. Rice of South Carolina , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require a study and report by the Comptroller General regarding the restart provision of the Hours of Service Rules for Commercial Truck Drivers, and for other purposes. 1. Short title This Act may be cited as the True Understanding of the Economy and Safety Act or the TRUE Safety Act . 2. Findings Congress finds that— (1) the trucking industry is the backbone of the Nation’s economy, with nearly 7 million Americans working in trucking-related jobs, including more than 3 million commercial truck drivers; (2) 80 percent of all communities in the United States depend solely on trucks to deliver and supply their essential everyday commodities; (3) Federal regulations governing the hours of service for commercial truck drivers must be based on full and fair scientific research, analysis, and operational testing; (4) the restart rule that became effective on July 1, 2013, was based mainly on a one-month sleep study conducted in a laboratory setting; (5) the new restart rule will cost the trucking industry up to $376,000,000 annually, reducing productivity, impacting driver pay, and increasing the cost to deliver goods; and (6) the restart rule should not have become effective prior to completion of the thorough operational study required by section 32301 of the Moving Ahead for Progress in the 21st Century Act or MAP–21 ( Public Law 112–141 ; 126 Stat. 786). 3. GAO assessments (a) Assessment of methodology for MAP–21 restart study (1) In general After completion of the field study and submission of the report regarding such study by the Administrator of the Federal Motor Carrier Safety Administration, required by section 32301 of MAP–21, the Comptroller General shall conduct an assessment of the methodology followed by the Secretary of Transportation in carrying out the efficacy of the restart rule published on December 27, 2011. (2) Purpose The purpose of the assessment shall be to assess the extent to which the methodology meets the requirement of MAP–21 that— (A) the data collected is representative of the drivers subject to the restart rule; (B) the methodology is statistically valid; and (C) the study followed the plan for the Scheduling and Fatigue Recovery Project developed by the Federal Motor Carrier Safety Administration. (b) Assessment of regulatory impact analysis (1) In general The Comptroller General shall conduct an assessment of the Regulatory Impact Analysis that accompanied the final rule published by the Department of Transportation in the Federal Register on December 27, 2011, entitled Hours of Service of Drivers (76 Fed. Reg. 81134). (2) Purpose The purpose of the GAO assessment shall be— (A) to conduct an analysis of the methodology and data used by the Federal Motor Carrier Safety Administration in its Regulatory Impact Analysis; (B) to evaluate the validity and representativeness of the driver data used to evaluate the operational and economic impacts of the new 34-hour restart rule applicable to operators of commercial motor vehicles; (C) to conduct an analysis of the data and methodology used to develop the proposed safety and health benefits of the new 34-hour restart rule applicable to operators of commercial motor vehicles; (D) to review the safety, health, cost, and operational implications of the restart rule, and the potential impact of a greater number of commercial motor vehicles on major roads during morning commutes as a result of the restart rule; and (E) review the research used in developing and justifying the new restart rule, particularly as it relates to the use of a laboratory test to justify the rule rather than an operational test in the field. (c) Reports Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a final report to the appropriate committees of Congress on the assessments required under subsections (a) and (b), including any recommendations. 4. Delay in application of rule (a) Delay in application of rule Effective as of the date of enactment of this Act, the restart rule published by the Department of Transportation in the Federal Register on December 27, 2011, shall have no force or effect until 6 months after the study report required by this Act has been submitted to Congress. (b) Application of previous rule provision For the period specified under subsection (a), the 34-hour restart rule issued on April 28, 2003 (68 Fed. Reg. 22456), shall be in effect. (c) December 2011 rule The Secretary shall not apply the rule described in subsection (a) if the conclusions of the operational study completed pursuant to MAP–21 do not support or concur with the conclusions of the laboratory study on which the rule was based.

https://www.govinfo.gov/content/pkg/BILLS-113hr3413ih/xml/BILLS-113hr3413ih.xml

113-hr-3414

I 113th CONGRESS 1st Session H. R. 3414 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Herrera Beutler (for herself, Mr. Blumenauer , Mr. Schrader , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Water Resources Development Act of 2000 with respect to ecosystem restoration in the lower Columbia River and Tillamook Bay estuaries. 1. Short title This Act may be cited as the Fundamentally Improving Salmon Habitat Act or the FISH Act . 2. Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington Section 536 of the Water Resources Development Act of 2000 (114 Stat. 2661) is amended as follows: (1) By amending subsection (a) to read as follows: (a) In general The Secretary shall, for the lower Columbia River and Tillamook Bay estuaries, Oregon and Washington— (1) conduct ecosystem restoration projects with total costs of $2,000,000 or greater per project, and studies relating to such projects; and (2) in accordance with an allocation plan submitted under subsection (h)(1), provide grants for ecosystem restoration projects with total costs of less than $2,000,000 per project— (A) in the case of projects for the lower Columbia River estuary, except as provided in subparagraph (B), to the Lower Columbia Estuary Partnership; (B) in the case of projects for the lower Columbia River mainstem tributaries in Washington, to the Lower Columbia Fish Recovery Board; and (C) in the case of projects for the Tillamook Bay estuary, to the Tillamook Estuaries Partnership. . (2) In subsection (b)— (A) by amending paragraph (1)(A) to read as follows: (A) In general In carrying out, or providing grants for, ecosystem restoration projects for the lower Columbia River estuary under this section, the Secretary shall use as a guide, or ensure such use of— (i) the comprehensive conservation and management plan developed by the Lower Columbia Estuary Partnership under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ); and (ii) except in the case of projects for the lower Columbia River mainstem tributaries, the lower Columbia River recovery plans developed under, and the Columbia River estuary recovery plan module developed pursuant to, section 4 of the Endangered Species Act ( 16 U.S.C. 1533 ). ; (B) in paragraph (1)(B)— (i) by striking The Secretary and inserting the following: (i) Large projects The Secretary ; (ii) by striking and the Forest Service and inserting the Forest Service, the Lower Columbia Estuary Partnership, and, as applicable, the Lower Columbia Fish Recovery Board ; and (iii) by adding at the end the following: (ii) Small projects The Secretary shall ensure that ecosystem restoration projects for the lower Columbia River estuary carried out by the Lower Columbia Estuary Partnership or the Lower Columbia Fish Recovery Board using grants provided under this section are carried out in consultation with the Governors of the States of Oregon and Washington, as applicable, and the heads of appropriate Indian tribes, the Environmental Protection Agency, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the Forest Service. ; (C) by amending paragraph (2)(A) to read as follows: (A) In general In carrying out, or providing grants for, ecosystem restoration projects for the Tillamook Bay estuary under this section, the Secretary shall use as a guide, or ensure such use of, the comprehensive conservation and management plan developed by the Tillamook Estuaries Partnership under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ). ; and (D) in paragraph (2)(B)— (i) by striking The Secretary and inserting the following: (i) Large projects The Secretary ; (ii) by striking and the Forest Service and inserting the Forest Service, and the Tillamook Estuaries Partnership ; and (iii) by adding at the end the following: (ii) Small projects The Secretary shall ensure that ecosystem restoration projects for the Tillamook Bay estuary carried out by the Tillamook Estuaries Partnership using grants provided under this section are carried out in consultation with the Governor of the State of Oregon and the heads of appropriate Indian tribes, the Environmental Protection Agency, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the Forest Service. . (3) In subsection (c)— (A) in paragraph (1)— (i) by striking In carrying out and inserting the following: (A) Large projects In carrying out ; and (ii) by adding at the end the following: (B) Small projects In providing grants to carry out ecosystem restoration projects under this section, the Secretary shall provide funding and technical assistance to each lead entity for activities necessary to protect, monitor, and restore fish and wildlife habitat. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , or provide grants for, after carry out ; (ii) in subparagraph (A)— (I) by inserting fish and wildlife habitat, before navigation ; and (II) by striking ; or and inserting a semicolon; (iii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iv) by adding at the end the following: (C) drinking water. ; and (C) by adding at the end the following: (3) Easements A project carried out, or for which a grant is provided, under this section may be carried out on private property through the use of an easement. . (4) By amending subsection (d) to read as follows: (d) Priority In determining the priority of projects to be carried out under this section— (1) for projects carried out by the Secretary, the Secretary shall consult with the applicable lead entities, and shall consider the recommendations of such entities; and (2) the lead entities shall follow priorities set in the comprehensive conservation and management plans and the recovery plans and module described in subsection (b), as applicable. . (5) In subsection (e)— (A) in paragraph (2)(A)— (i) by striking Non-Federal interests and inserting the following: (i) Large projects Non-Federal interests ; (ii) by inserting by the Secretary after carried out ; and (iii) by adding at the end the following: (ii) Small projects The Federal share of the cost of any project carried out using funds from a grant provided to a lead entity under this section— (I) shall not exceed 75 percent of the total cost of the project; and (II) shall be made on condition that the non-Federal share of that total cost shall be provided from non-Federal sources. ; and (B) in paragraphs (3) and (4), by inserting by the Secretary, or using funds provided, after carried out each place it appears. (6) By redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and inserting after subsection (e) the following: (f) Annual allocations (1) Allocation plans For each fiscal year, the lead entities shall jointly submit to the Secretary a plan to allocate among the lead entities funding available for the fiscal year under subsection (h)(2)(B). (2) Reports Each lead entity shall report annually to the Secretary on the use of funds provided to the entity by a grant under this section. . (7) In subsection (g) (as redesignated by paragraph (6))— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) Lead entity The term lead entity means the Lower Columbia Estuary Partnership, the Tillamook Estuaries Partnership, or the Lower Columbia Fish Recovery Board. ; and (C) by inserting after paragraph (2) (as so redesignated) the following: (3) Lower Columbia River mainstem tributaries The term lower Columbia River mainstem tributaries means those mainstem tributaries, exclusive of sub-tributaries, of the Columbia River west of Bonneville Dam. . (8) In subsection (h) (as redesignated by paragraph (6))— (A) by striking There is authorized and inserting the following: (1) In general There is authorized ; and (B) by adding at the end the following: (2) Project funding ratio Of the funds appropriated under this subsection for each fiscal year, beginning on the date of enactment of this paragraph, the Secretary shall use— (A) 75 percent for activities described in subsection (a)(1); and (B) 25 percent for activities described in subsection (a)(2). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3414ih/xml/BILLS-113hr3414ih.xml

113-hr-3415

I 113th CONGRESS 1st Session H. R. 3415 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Horsford (for himself and Mr. Amodei ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To facilitate planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, Nevada, and for other purposes. 1. Short title This Act may be cited as the Pinyon-Juniper Related Projects Implementation Act . 2. Facilitation of pinyon-juniper related projects (a) Availability of special account under Lincoln County Land Act of 2000 Section 5(b) of the Lincoln County Land Act of 2000 ( Public Law 106–298 ; 114 Stat. 1048), is amended— (1) in paragraph (1)— (A) in subparagraph (B), by inserting and implementation after development ; and (B) in subparagraph (C)— (i) in clause (i), by striking ; and at the end and inserting a semicolon; (ii) in clause (ii), by striking ; and at the end and inserting a semicolon; and (iii) by adding at the end the following: (iii) planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, consistent with the Ely Resource Management Plan; and (iv) completing compliance activities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), related mitigation plans, and archeological research and resource inventory in compliance with the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ), and Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ) for areas of proposed land use authorizations and rights-of-way required for development of land conveyed pursuant to this Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 ; 118 Stat. 2403) and as required for authorization of leases, rights-of-way, and development within the Bureau of Land Management-designated Dry Lake Valley North Solar Energy Zone; and ; and (2) by adding at the end the following: (3) Waiver of fees Processing of applications for rights-of-way submitted by a local government or regional government to serve land conveyed pursuant to this Act shall not require payment of cost recovery fees or payment of contributed funds. (4) Cooperative agreements Establishment and funding of cooperative agreements between the Bureau of Land Management and Lincoln County, Nevada, shall be required for County-provided law enforcement and planning related activities regarding— (A) wilderness in Lincoln County, Nevada, designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 ; 118 Stat. 2403); (B) cultural resources identified, protected, and managed pursuant to that Act; (C) planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and (D) planning associated with land disposal and related land use authorizations required for utility corridors and rights of way to serve land that has been, or is to be, disposed of pursuant to that Act and this Act. . (b) Availability of special account under Lincoln County Conservation, Recreation, and Development Act of 2004 Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 ; 118 Stat. 2406) is amended— (1) in subsection (b)(3)— (A) in subparagraph (E), by striking ; and at the end and inserting a semicolon; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; (C) by adding at the end the following: (G) planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, consistent with the Ely Resource Management Plan; and (H) completing compliance activities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), related mitigation plans, and archeological research and resource inventory in compliance with the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ), and Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ) for areas of proposed land use authorizations and rights-of-way required for development of land conveyed pursuant to this Act and the Lincoln County Land Act of 2000 ( Public Law 106–298 ; 114 Stat. 1046) and as required for authorization of leases, rights-of-way, and development within the Bureau of Land Management-designated Dry Lake Valley North Solar Energy Zone. ; and (2) by adding at the end the following: (d) Waiver of fees Processing of applications for rights-of-way submitted by a local government or regional government to serve lands conveyed pursuant to this Act shall not require payment of cost recovery fees or payment of contributed funds. (e) Cooperative agreements Establishment and funding of cooperative agreements between the Bureau of Land Management and Lincoln County, Nevada, shall be required for County-provided law enforcement and planning related activities regarding— (1) wilderness in Lincoln County, Nevada, designated by this Act; (2) cultural resources identified, protected, and managed pursuant to this Act; (3) planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and (4) planning associated with land disposal and related land use authorizations required for utility corridors and rights of way to serve land that has been, or is to be, disposed of pursuant to this Act and the Lincoln County Land Act of 2000 ( Public Law 106–298 ; 114 Stat. 1046). . 3. Disposition of proceeds (a) Disposition of proceeds under Lincoln County Land Act of 2000 Section 5(a)(2) of the Lincoln County Land Act of 2000 ( Public Law 106–298 ; 114 Stat. 1047) is amended by inserting and economic development after schools . (b) Disposition of proceeds under Lincoln County Conservation, Recreation, and Development Act of 2004 Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 ; 118 Stat. 2405) is amended by striking and transportation and inserting transportation, and economic development . 4. Certain land in utility corridor not withdrawn Section 301(c) of the Lincoln County Conservation, Recreation, and Development Act of 2004 ( Public Law 108–424 ; 118 Stat. 2413) is amended in the matter preceding paragraph (1) by inserting (other than land in the corridor located in sections 7, 8, 9, 10, and 15, T. 7 N., R. 68 E.) after subsection (a) .

https://www.govinfo.gov/content/pkg/BILLS-113hr3415ih/xml/BILLS-113hr3415ih.xml

113-hr-3416

I 113th CONGRESS 1st Session H. R. 3416 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Sam Johnson of Texas (for himself and Mr. Olson ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles 5, 10, and 32, United States Code, to require congressional approval before any change may be made to the oaths required for enlistment in the Armed Forces, appointment to an office in the civil service or uniformed services, or appointment as a cadet or midshipman at a military service academy, and for other purposes. 1. Congressional approval of changes to certain military and civil service oaths (a) Oath of office Section 3331 of title 5, United States Code, is amended by adding at the end the following new sentence: The text of the oath required by this section may not be changed except by Act of Congress. . (b) Enlistment oath (1) In general Section 502 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Text of oath The text of the oath required by this section may not be changed except by Act of Congress. . (2) National guard Section 304 of title 32, United States Code, is amended by adding at the end the following new sentence: The text of the oath required by this section may not be changed except by Act of Congress. . (c) Military service academy oaths (1) United States Military Academy Section 4346(d) of title 10, United States Code, is amended by adding at the end the following new sentence: The text of the oath required by this subsection, and the text of any honor oath required of a cadet, may not be changed except by Act of Congress. . (2) United States Naval Academy Section 6958(d) of such title is amended by adding at the end the following new sentence: On and after January 1, 2014, the Secretary may not change the text of the oath required by this subsection, and the text of any honor oath required of a midshipman, without specific authorization in an Act of Congress. . (3) United States Air Force Academy Section 9346(d) of such title is amended by adding at the end the following new sentence: On and after January 1, 2014, the Secretary may not change the text of the oath required by this subsection, and the text of any honor oath required of a cadet, without specific authorization in an Act of Congress. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3416ih/xml/BILLS-113hr3416ih.xml

113-hr-3417

I 113th CONGRESS 1st Session H. R. 3417 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Sam Johnson of Texas introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the consideration of any bill by Congress unless a statement on tax transparency is provided in the bill. 1. Short title This Act may be cited as the Tax Transparency Act of 2013 . 2. Tax effect transparency (a) In general Chapter 2 of title 1, United States Code, is amended by inserting after section 102 the following: 102a. Tax effect transparency (a) In general Each Act of Congress, bill, resolution, conference report thereon, or amendment thereto, that modifies Federal tax law shall contain a statement describing the general effect of the modification on Federal tax law. (b) Failure To comply (1) In general A failure to comply with subsection (a) shall give rise to a point of order in either House of Congress, which may be raised by any Senator during consideration in the Senate or any Member of the House of Representatives during consideration in the House of Representatives. (2) Nonexclusivity The availability of a point of order under this section shall not affect the availability of any other point of order. (c) Disposition of point of order in the Senate (1) In general Any Senator may raise a point of order that any matter is not in order under subsection (a). (2) Waiver (A) In general Any Senator may move to waive a point of order raised under paragraph (1) by an affirmative vote of three-fifths of the Senators duly chosen and sworn. (B) Procedures For a motion to waive a point of order under subparagraph (A) as to a matter— (i) a motion to table the point of order shall not be in order; (ii) all motions to waive one or more points of order under this section as to the matter shall be debatable for a total of not more than 1 hour, equally divided between the Senator raising the point of order and the Senator moving to waive the point of order or their designees; and (iii) a motion to waive the point of order shall not be amendable. (d) Disposition of point of order in the House of Representatives (1) In general If a Member of the House of Representatives makes a point of order under this section, the Chair shall put the question of consideration with respect to the proposition of whether any statement made under subsection (a) was adequate or, in the absence of such a statement, whether a statement is required under subsection (a). (2) Consideration For a point of order under this section made in the House of Representatives— (A) the question of consideration shall be debatable for 10 minutes, equally divided and controlled by the Member making the point of order and by an opponent, but shall otherwise be decided without intervening motion except one that the House of Representatives adjourn or that the Committee of the Whole rise, as the case may be; (B) in selecting the opponent, the Speaker of the House of Representatives should first recognize an opponent from the opposing party; and (C) the disposition of the question of consideration with respect to a measure shall be considered also to determine the question of consideration under this section with respect to an amendment made in order as original text. (e) Rulemaking authority The provisions of this section are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. . (b) Clerical amendment The table of sections at the beginning of chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 102 the following new item: 102a. Tax effect transparency. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3417ih/xml/BILLS-113hr3417ih.xml

113-hr-3418

I 113th CONGRESS 1st Session H. R. 3418 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Kilmer (for himself and Mr. Cole ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a demonstration program to provide rental assistance and supportive housing for homeless or at-risk Indian veterans. 1. Short title This Act may be cited as the Housing Native Heroes Act of 2013 . 2. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following: (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (II) Indian lands The term Indian lands has the meaning given the term in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 ). (III) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this paragraph and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance under clause (ii) shall be made available through recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that grantees shall— (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the use of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ) and any other appropriate tribal organization on the design of the demonstration program to ensure the effective delivery of rental assistance and supportive services to persons eligible to receive assistance under this subparagraph. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3418ih/xml/BILLS-113hr3418ih.xml

113-hr-3419

I 113th CONGRESS 1st Session H. R. 3419 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Kingston 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 exempt certain small businesses from the employer health insurance mandate and to modify the definition of full-time employee for purposes of such mandate. 1. Short title This Act may be cited as the Small Business Fairness in Obamacare Act . 2. Restrictions on application of employer health insurance mandate (a) Exception for small business concerns Section 4980H(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Exception for small business concerns The term applicable large employer shall not include any employer which is a small business concern (within the meaning of section 3 of the Small Business Act). . (b) Definition of full-Time employee Section 4980H(c) of such Code is amended— (1) in paragraph (2)(E), by striking by 120 and inserting by 174 , and (2) in paragraph (4)(A), by striking 30 hours and inserting 40 hours . (c) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3419ih/xml/BILLS-113hr3419ih.xml

113-hr-3420

I 113th CONGRESS 1st Session H. R. 3420 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require any communication using Federal funds to advertise or educate the public on certain provisions of the Patient Protection and Affordable Care Act and the Healthcare and Education Reconciliation Act of 2010 to state that such communication was produced at taxpayer expense, and for other purposes. 1. Short title This Act may be cited as the Truth in Obamacare Advertising Act of 2013 . 2. Requirements for Advertisements of the Affordable Care Act (a) Identification of Cost to Taxpayers Each communication that is federally funded, directly or indirectly, to advertise or educate the public on the provisions described in subsection (c) or any programs, activities, requirements, or regulations established, funded, or authorized by such provisions, shall include— (1) the following statement: The Congressional Budget Office estimates that Obamacare will cost taxpayers $1.76 trillion over a decade. ; and (2) a statement clearly indicating— (A) in the case of a printed communication, including mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; or (B) in the case of a communication transmitted through radio, television, the Internet, or any means other than the means described in subparagraph (A), that the communication is produced and disseminated at taxpayer expense. (b) Additional Requirements (1) Printed communication Any statement required under subparagraph (A) of subsection (a)(2) for a printed communication shall— (A) be of sufficient type size to be clearly readable by the viewer 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) Audio, video, and Internet communication (A) Requirement for audio and video communication Any statement required under subparagraph (B) of subsection (a)(2) for an audio or video communication shall be conveyed in a clearly spoken manner. (B) Additional requirements for video communication In addition to the requirement in subparagraph (A), any statement required under subparagraph (B) of subsection (a)(2) for a video communication shall— (i) be conveyed by a voice-over or screen view of the person making the statement; and (ii) 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) Requirements for e-mail communication Any statement required under subparagraph (B) of subsection (a)(2) for an e-mail communication 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 statement. (c) Covered provisions The requirements in this section apply to the following provisions of Federal law: (1) Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), including any amendments made by such provisions. (2) Any provision of the Patient Protection and Affordable Care Act that amends title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or otherwise expands, provides funding for, or modifies the Medicaid program under such title. (3) Subtitles A, C, and E of title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), including any amendments made by such provisions.

https://www.govinfo.gov/content/pkg/BILLS-113hr3420ih/xml/BILLS-113hr3420ih.xml

113-hr-3421

I 113th CONGRESS 1st Session H. R. 3421 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. Kirkpatrick (for herself, Mr. Gosar , Mr. Schweikert , and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove use and disposal restrictions on property located in the City of Winslow, Navajo County, Arizona. 1. Removal of use and disposal restrictions on Winslow Hospitality Park (a) Findings Congress finds as follows: (1) According to the 2010 Census, the City of Winslow, located in Navajo County, is a rural community of 9,655 residents. (2) The community is dependent on revenue from economic development and tourism to fund vital city services. (3) Winslow Hospitality Park, a 123-acre property, has been owned by the City of Winslow since February 12, 1953, when the City gained title to the land from the Santa Fe Railroad. (4) The City received a Land and Water Conservation Grant on May 16, 1979, for $299,915 to match City funds for the purpose of developing the land into a golf course. (5) Over the next 23 years, the City spent $3,935,363 on managing, maintaining, and operating the golf course. (6) Due to poor turf growth and lack of patronage, course management became so costly and burdensome to the City that the golf course ceased operations in 2003, while it remained open for public use. (7) The City signed an intergovernmental agreement with State of Arizona Outdoor Recreation Coordinating Commission that was subsequently approved by the Department of the Interior, through the National Park Service, as the administrator of the grant that stated that the City shall be responsible for the operation and maintenance after completion of said project for a 25-year period of time as determined by the AORCC or the Director of the Heritage Conservation and Recreation Service as commensurate with the project fund investment and federal requirements, if any. Any term of maintenance and operation of less than 25 years described by the participant must be approved by the AORCC and the Heritage Conservation Service . (8) In 2003, due to the failure of the golf course, the City inquired with Arizona State Parks, the successor agency to the Arizona Outdoor Recreation Coordinating Commission, regarding how to terminate the 25-year agreement one year early and the National Park Service informed the City for the first time that the land must be used in perpetuity for public recreation contrary to the original intergovernmental agreement which the National Park Service had approved. (9) The National Park Service stated the only way to release the lien on the land was to donate to the Federal Government land of equal or greater value. (10) The City of Winslow owns title to the land known as Winslow Hospitality Park and should not have to donate additional land to the Federal Government to use land that it already owns for non-public purposes, especially when the City was never informed of the in perpetuity maintenance requirement during its performance of the intergovernmental agreement. (11) The estimated value of this land according to a February 2, 2011, appraisal is $211,000. (12) Using this land for non-public purposes would financially enable the City by encouraging development without any cost to the Federal Government. (b) Removal of restrictions Notwithstanding section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–8(f)(3) ), the approximately 123 acres of land located in the City of Winslow, Navajo County, Arizona, and designated as the Winslow Hospitality Park , may be disposed of or used for purposes other than public recreation.

https://www.govinfo.gov/content/pkg/BILLS-113hr3421ih/xml/BILLS-113hr3421ih.xml

113-hr-3422

I 113th CONGRESS 1st Session H. R. 3422 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Langevin (for himself, Mr. Cook , and Mr. Hastings of Florida ) 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 a credit for veteran first-time homebuyers and for adaptive housing and mobility improvements for disabled veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans Homebuyer Accessibility Act of 2013 . 2. Veteran first-time homebuyer tax credit (a) In general Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Allowance of credit In the case of an eligible veteran who purchases a principal residence in the United States during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence. . (b) Additional limitation for adaptive housing improvements Paragraph (1) of section 36(b) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: (B) Special rule for adaptive housing improvements In the case of a principal residence with special fixtures or movable facilities made necessary by the nature of the disability of the veteran, if such fixtures and facilities are— (i) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or (ii) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance, then subparagraph (A) shall be increased by the lesser of $8,000 or the portion of the purchase price of the principal residence attributable such fixtures or movable facilities. . (c) Eligible veteran (1) In general Paragraph (1) of section 36(c) of such Code is amended by striking First-time homebuyer. —The term first time homebuyer means any individual and inserting Eligible veteran. —The term eligible veteran means any individual who is a veteran (as defined in section 101(2) of title 38, United States Code) . (2) Long-time resident Paragraph (6) of section 36(c) of such Code is amended by striking treated as a first-time homebuyer and inserting treated as meeting the no present ownership interest requirement of paragraph (1) . (d) Recapture of credit Subsection (f) of section 36 of such Code is amended to read as follows: (f) Recapture of credit (1) In general If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer’s spouse)) before the end of the 36-month period beginning on the date of the purchase of such residence by the taxpayer the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed. (2) Exceptions (A) Death of taxpayer Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer’s death. (B) Involuntary conversion Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the 36-month period referred to therein in the same manner as if such new principal residence were the converted residence. (C) Transfers between spouses or incident to divorce In the case of a transfer of a residence to which section 1041(a) applies— (i) paragraph (1) shall not apply to such transfer, and (ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). (D) Special rule for members of the Armed Forces, etc (i) In general In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) in connection with Government orders received by such individual, or such individual’s spouse, for qualified official extended duty service, paragraph (1) shall not apply to such disposition (or cessation). (ii) Qualified official extended duty service For purposes of this section, the term qualified official extended duty service means service on qualified official extended duty as— (I) a member of the uniformed services, (II) a member of the Foreign Service of the United States, or (III) an employee of the intelligence community. (iii) Definitions Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. (3) Joint returns In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. (4) Return requirement If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. . (e) Application of credit Subsection (h) of section 36 of such Code is amended to read as follows: (h) Termination This section shall not apply to any residence purchased after December 31, 2016. . (f) Assignment of credit in case of construction Section 36 of such Code is amended by adding at the end the following new subsection: (i) Credit may be assigned (1) In general In the case of a residence constructed by the taxpayer, if such taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section which is attributable to an increase under subparagraph (B) of subsection (b)(1) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Eligible designee For purposes of paragraph (1), the term eligible designee means any person who, with respect to the residence, provides or installs any improvements, special fixtures, or movable facilities to which the credit is attributable under subparagraph (B) of subsection (b)(1). (3) Election requirements Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe. . (g) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the portion of the veteran first-time homebuyer credit assigned to the taxpayer to which the second sentence of section 36(i)(1) applies, . (2) The heading for section 1400C(e)(4) of such Code is amended by striking national first-time homebuyers credit and inserting veteran first-time homebuyers credit . (h) Clerical amendments (1) The heading for section 36 of such Code is amended to read as follows: 36. Veteran first-time homebuyer credit . (2) The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: Sec. 36. Veteran first-time homebuyer credit. . (i) Effective date The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. 3. Veteran home mobility improvement credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 37 the following new section: 36C. Veteran home mobility improvement credit (a) In general In the case of a veteran, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified adaptive housing improvements for the taxable year. (b) Limitation The credit allowed under subsection (a) shall not exceed $8,000. (c) Qualified adaptive housing improvement For purposes of this section, the term qualified adaptive housing improvement means special fixtures or movable facilities with respect to the principal residence of the veteran which are made necessary by the nature of the disability of the veteran, if such fixtures and facilities are— (1) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or (2) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance. (d) Credit may be assigned (1) In general If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit under this section for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Eligible designee For purposes of paragraph (1), the term eligible designee means any person who, with respect to the residence, provides or installs any qualified adaptive housing improvements to which the credit under this section is attributable. (3) Election requirements Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe. . (b) Conforming amendments (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (2) Section 38(b) of the Internal Revenue Code of 1986, as amended by section 2, is amended by striking plus at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by adding at the end the following new paragraph: (38) the portion of the veteran home mobility improvement credit assigned to the taxpayer to which the second sentence of section 36C(d)(1) applies. . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: Sec. 36C. Veteran home mobility improvement credit. . (c) 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-113hr3422ih/xml/BILLS-113hr3422ih.xml

113-hr-3423

I 113th CONGRESS 1st Session H. R. 3423 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Langevin (for himself, Mr. Wittman , Ms. Wilson of Florida , Mr. Sean Patrick Maloney of New York , Ms. Norton , Ms. Bass , and Mr. Grimm ) 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 the safety and well-being of adopted children. 1. Adoption support services (a) Ensuring well-Being of adopted children and adoptive families Section 421 of the Social Security Act ( 42 U.S.C. 621 ) is amended— (1) in paragraph (4), by striking and at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph: (5) ensuring the well-being of adopted children and their adoptive families and promoting efforts to prevent such children from entering the foster care system through the provision of pre- and post-adoptive support services; and . (b) Pre- and Post-Adoptive Support Services Paragraph (8) of section 431(a) of such Act ( 42 U.S.C. 629a(a) ) is amended to read as follows: (8) Adoption promotion and support services (A) In general The term adoption promotion and support services means services and activities designed to encourage more adoptions out of the foster care system and support domestic adoptions and adoptions from other countries, consistent with promoting the best interests of adopted children and their adoptive families. Such services and activities may include pre- and post-adoptive support services, as described in subparagraph (B), that are designed to support adopted children and their adoptive families. (B) Pre- and post-adoptive support services The term pre- and post-adoptive support services means the following: (i) Pre-adoptive support services, which may include— (I) direct services, including training, educational support, counseling, case management, and other services for adoptive parents and families that address caregiver interests and concerns regarding common behavioral issues, such as— (aa) issues relating to emotional, behavioral, or developmental health needs; (bb) issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; (cc) issues resulting from birth defects due to fetal alcohol syndrome or any other substance abuse-related developmental disorder; (dd) the conditions that a child is being adopted from, and how this will influence the child’s emotional and social development; and (ee) adoptive families should receive full disclosure of the child’s background information (non-identifying and identifying when needed or when agreed upon in an open adoption). This information should include but not be limited to information from family, agency, court, school, mental health, and medical files; (II) the provision of educational resources for adoptive parents regarding the geographic, ethnic, and cultural background of the adopted child; (III) peer-to-peer mentoring and support groups that permit a newly adoptive parent to communicate and learn from more experienced adoptive parents, including programs that enhance communication between adoptive parents with children of similar geographic, ethnic, or cultural backgrounds; and (IV) the provision of informational resources for adoptive parents, including— (aa) resources available through Federal and State agencies, including information regarding benefits for children with a medical condition or a physical, mental, or emotional disability; (bb) newsletters, Web sites, and other informational resources regarding adoption-related services; (cc) the establishment of lending libraries containing information and resources for adoptive parents; and (dd) conferences, parent support discussion groups, and seminars that are available to adoptive parents and other relevant stakeholders. (ii) Post-adoptive support services, which may include— (I) continued provision to adoptive parents of pre-adoptive support services described in clause (i); (II) the provision of accessible and reliable respite services for adoptive parents; (III) direct services and counseling for adopted child and family, including, as appropriate— (aa) support services for an adopted child with emotional, behavioral, or developmental health needs; (bb) support services that address issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; and (cc) treatment services that are specialized for adopted children, including psychiatric residential services, outpatient mental health services, social skills training, intensive in-home supervision services, recreational therapy, suicide prevention, and substance abuse treatment; (IV) peer-to-peer mentoring and support groups that allow adopted children to communicate and socialize with other adopted children, including programs that provide for communication between adopted children from similar geographic, ethnic, or cultural backgrounds; and (V) crisis and family preservation services, including respite care and crisis counseling and a 24-hour emergency hotline for adoptive parents. . 2. Funding for adoption support services Paragraph (8) of section 473(a) of the Social Security Act ( 42 U.S.C. 673(a) ) is amended to read as follows: (8) With respect to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, a State shall— (A) spend a significant portion, not less than 20 percent, of such amount to provide pre- and post-adoptive support services (as defined in section 431(a)(8)(B)); (B) spend the remainder of such amount to provide to children or families any other services that may be provided under this part or part B; and (C) on an annual basis, submit to the Secretary a report that provides a detailed account of any services that were funded pursuant to this paragraph. . 3. Federal grant program for post-adoption mental health services Subpart 3 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb–3 et seq. ) is amended by adding at the end the following: 520L. Post-adoption mental health services (a) In general The Secretary, acting through the Administrator, shall award grants or cooperative agreements to eligible entities to— (1) develop and implement Statewide or tribal post-adoption mental health service programs for all adopted children; (2) support public organization and private nonprofit organizations actively involved in Statewide or tribal post-adoption mental health service programs; (3) collect and analyze data on State-sponsored Statewide or tribal post-adoption mental health service programs that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; (4) develop and provide educational and training opportunities concerning the mental health needs of adopted children and their families for use by teachers, social workers, and other community mental health service providers; and (5) develop and provide materials for potential adoptive parents, both for domestic adoptions and adoptions from other countries, describing the possible need for post-adoption mental health services and available resources. (b) Eligible entity (1) Definition In this section, the term eligible entity means— (A) a State; (B) a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored Statewide post-adoption mental health service program under a grant under this section; and (C) a Federally recognized Indian tribe or tribal organization (as defined in the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. )) or an urban Indian organization (as defined in the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. )) that is actively involved in the development and continuation of a post-adoption mental health service program. (2) Limitation In carrying out this section, the Secretary shall ensure that each State is awarded only 1 grant or cooperative agreement under this section. For purposes of the preceding sentence, a State shall be considered to have been awarded a grant or cooperative agreement if the eligible entity involved is the State or an entity designated by the State under paragraph (1)(B). Nothing in this paragraph shall be construed to apply to entities described in paragraph (1)(C). (c) Preference In providing assistance under a grant or cooperative agreement under this section, the Secretary shall give preference to eligible entities that have demonstrated success in increasing the level of adoption competency among mental health providers, adoption lawyers, social workers, case workers, and adoptive parents. (d) Requirement for direct services Not less than 85 percent of funds received under a grant or cooperative agreement under this section shall be used to provide direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3). (e) Coordination and collaboration (1) In general In carrying out this section, the Secretary shall collaborate with relevant Federal agencies and adoption-related working groups to promote interaction between domestic foster care agencies and private adoption agencies in other countries. (2) Consultation In carrying out this section, the Secretary shall consult with— (A) State and social service agencies engaged in the placement of children for adoption, domestically or from other countries; (B) local and national organizations that serve foster and adopted youth; (C) health and education specialists who focus on adoption and foster care medicine; (D) youth who have been in foster care or adopted, domestically or from other countries; (E) families and friends of youth who have been in foster care or adopted, domestically or from other countries; and (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve adopted children and their families. (3) Policy development In carrying out this section, the Secretary shall— (A) coordinate and collaborate on policy development with the Administration for Children and Families and other relevant Department of Health and Human Services agencies and adoption-related working groups; and (B) consult on policy development at the Federal level with those in the private sector engaged in the recruitment of foster and adoptive parents, the placement of children in foster care and for adoption, and the provision of post-adoption services. (f) Evaluation and report (1) Evaluations by eligible entities Not later than 18 months after receipt of a grant or cooperative agreement under this section, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants, collaborations, and consultations under this section. (g) Definitions In this section: (1) Adopted child The term adopted child means an individual who is under 21 years of age and was adopted from foster care, through a private placement agency, or from another country. (2) Adoption competency The term adoption competency means an understanding of— (A) the nature of adoption as a form of family formation and the different types of adoption; (B) relevant emotional and physical issues involved in the adoption process, including issues relating to separation, loss, attachment, abuse, trauma, and neglect; (C) common developmental challenges associated with adoption; (D) the characteristics and skills that allow for successful adoptive families; (E) proper sensitivity with respect to the different geographic, ethnic, or cultural backgrounds of adopted children and adoptive families; and (F) the necessary skills for effectively advocating on behalf of birth and adoptive families. (3) Post-adoption mental health services The term post-adoption mental health services includes— (A) adoption competent mental health direct services, including training, educational support, counseling, and other services for adoptive parents and families that address caregiver interests and concerns regarding child behavioral issues that are common among adopted children and children in foster care, including, as appropriate— (i) caring for an adopted child with emotional, behavioral, or developmental health needs; and (ii) providing for the emotional needs of an adopted child, including issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; (B) peer-to-peer mentoring and support groups that permit a newly adoptive parent to communicate and learn from more experienced adoptive parents; (C) the provision of informational resources and available services for adoptive parents; (D) direct services, including counseling, peer-to-peer mentoring and support groups, and other services for adopted children that address common behavioral and adjustment issues, including, as appropriate— (i) support services for an adopted child with emotional, behavioral, or developmental health needs; (ii) support services that address the emotional needs of an adopted child, including issues relating to attachment, identity, abandonment, cultural differences, grief, and loss; and (iii) treatment services that are specialized for adopted children, including psychiatric residential services, outpatient mental health services, social skills training, intensive in-home supervision services, recreational therapy, suicide prevention, and substance abuse treatment; (E) peer-to-peer mentoring and support groups that allow adopted children to communicate and socialize with other adopted children; and (F) crisis intervention and family preservation services. (h) Funding for post-Adoption mental health services From amounts appropriated to carry out titles III, V, or XIX of the Public Health Service Act for each fiscal year, $20,000,000 shall be used by the Secretary in each such fiscal year to fund services and programs authorized under this section. . 4. Data collection on adoption disruption and dissolution (a) In general Section 479 of the Social Security Act ( 42 U.S.C. 679 ) is amended by adding at the end the following new subsection: (d) (1) Not later than 12 months after the date of enactment of this subsection, the Secretary shall, as part of the data collection system established under this section, promulgate final regulations providing for the collection and analysis of information regarding children who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, which shall require States to collect and report— (A) information on children who are adopted within the United States or from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including— (i) the number of children who enter into State custody as a result of— (I) the disruption of placement for adoption; or (II) the dissolution of an adoption; and (ii) for each child identified under clause (i)— (I) as applicable, the country of birth for any child who was not born in the United States; (II) the length of the adoption placement prior to disruption or dissolution; (III) the age of the child at the time of the disruption or dissolution; (IV) the reason for the disruption or dissolution; and (V) the agencies who handled the placement for adoption; and (B) such other information as determined appropriate by the Secretary. (2) The regulations shall require a State that reports the information described in paragraph (1) to use the information— (A) to consolidate and expand the collection of information on adoption disruption and dissolution; (B) to improve research and data collection systems in order to more accurately determine and measure the rates, outcomes, and causes of adoption disruption and dissolution; (C) to identify pre- and post-adoptive support services (including services described in section 431(a)(8)(B)) that result in lower rates of disruption and dissolution of adoptions; (D) to develop an understanding of the relationship between the rate of incidence of adoption disruptions and dissolutions and the support services that are provided to adoptive families in order to identify and develop effective evidence-based strategies, programs, and support services that help to prevent adoption disruption and dissolution; and (E) to develop and enhance training and educational services regarding strategies for prevention of adoption disruption and dissolution. (3) (A) Not later than 6 months after the date of enactment of this subsection, the Secretary shall, subject to subparagraph (B), establish an advisory committee to study methods to effectively collect data regarding disruption and dissolution of adoptions that are not included in the data collection system established under this section, including— (i) data on children whose adoptions are disrupted or dissolved but do not enter into State custody as a result of such disruption or dissolution; (ii) data on adoption displacements, whereby an adopted child is temporarily placed out of the home of an adoptive parent in order to receive medical, mental health, behavioral, or other forms of treatment; and (iii) such other data as determined appropriate by the Secretary. (B) The membership and organization of the advisory committee described in subparagraph (A) shall be determined by the Secretary and shall include— (i) State and child welfare agencies that are engaged in the placement of children for adoption domestically or from other countries; (ii) local and national organizations that serve adopted children and children in foster care; and (iii) members of State and local judiciary and court staff. (C) Not later than 12 months after establishment of the advisory committee described in subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a report containing recommendations of the advisory committee for improvement of the data collection system established under this section. . (b) Annual report Section 479A of the Social Security Act ( 42 U.S.C. 679b ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) include in the report submitted pursuant to paragraph (5) for fiscal year 2013 or any succeeding fiscal year, national and State-by-State data on the numbers and rates of disruptions and dissolutions of adoptions, as collected pursuant to section 479(d)(1). . 5. GAO report Within 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a written report on— (1) how children are advertised online for adoption, the number of children so advertised, what happens to children so advertised, the reasons why children are so advertised, and the resources available to the government to combat the advertising; (2) how home studies of prospective parents vary, depending on whether the adoption is private, domestic, or international; (3) how the type and amount of pre-adoptive training prospective parents receive varies; (4) the availability of quality support for families to meet the post-adoption emotional and behavioral challenges faced by children; and (5) the reasons for adoption disruptions and dissolutions, and for the sending of adopted children to live with new families without notice to the appropriate authorities.

https://www.govinfo.gov/content/pkg/BILLS-113hr3423ih/xml/BILLS-113hr3423ih.xml

113-hr-3424

I 113th CONGRESS 1st Session H. R. 3424 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Larson of Connecticut 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 a credit against income tax for facilities using a qualified methane conversion technology to provide transportation fuels and chemicals. 1. Short title This Act may be cited as the Converting Methane Into Petroleum Act of 2013 . 2. Incentives for innovative fuel production through qualified methane conversion technology (a) Inclusion of qualified methane conversion technology in gasification project credit (1) In general Paragraph (2) of section 48B(c) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Gasification technology The term gasification technology means— (A) any process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon monoxide and hydrogen for direct use or subsequent chemical or physical conversion, and (B) any qualified methane conversion technology. . (2) Qualified methane conversion technology Subsection (c) of section 48B of such Code is amended by adding at the end the following new paragraph: (9) Qualified methane conversion technology (A) In general The term qualified methane conversion technology means a process consisting of the molecular conversion of methane into hydrocarbons, and the subsequent use of such hydrocarbons, if such hydrocarbons are principally intended to be used— (i) to replace or reduce the quantity of petroleum present in a fuel used in motor vehicles, motor vehicle engines, nonroad vehicles, nonroad engines, or aircraft if— (I) the lifecycle greenhouse gas emissions associated with the production and combustion is, on an ongoing basis, not more than such emissions from the equivalent conventional fuel produced from conventional petroleum sources, (II) the sulfur concentration is not more than 2 parts per million, and (III) such production is at a facility which, during the taxable year, has an annual total production capacity of not more than 150,000,000 gallons of liquid transportation fuel, or (ii) for the production of chemicals (within the meaning of paragraph (7)(A)). (B) Primary purpose of facility If a facility uses qualified methane conversion technology to produce both fuels and chemicals, the requirements described in subparagraph (A)(i) shall apply only if the primary use of the facility is to produce fuels. (C) Exclusion The term qualified methane conversion technology does not include technology that is part of a facility the construction of which begins after September 30, 2024. . (3) Increase in credit available for methane conversion projects (A) In general Paragraph (1) of section 48B(d) of such Code is amended by striking plus at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , plus , and by adding at the end the following new subparagraph: (C) $500,000,000 for qualifying gasification projects that rely primarily on qualified methane conversion technology. No qualifying gasification project shall receive more than $100,000,000 under the program. . (B) Period of issuance Paragraph (2) of section 48B(d) of such Code is amended to read as follows: (2) Period of issuance (A) In general A certificate of eligibility under subparagraphs (A) and (B) of paragraph (1) may be issued only before October 1, 2024. (B) Qualified methane conversion technology A certificate of eligibility under subparagraph (C) of paragraph (1) may be issued only during the 10-fiscal year period beginning on the first October 1 which is on or after the date of the enactment of this paragraph. . (C) Selection priorities Paragraph (4) of section 48B(d) of such Code is amended to read as follows: (4) Selection priorities (A) In general In determining which qualifying gasification projects, other than projects using qualified methane conversion technology, to certify under this section, the Secretary shall— (i) give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions, and (ii) give high priority to applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)). (B) Chemicals projects using qualified methane conversion technology In determining which qualifying gasification projects that produce chemicals using qualified methane conversion technology to certify under this section, the Secretary shall give priority to projects involving a production process that has significant environmental benefits over the production of the same chemical from petroleum products. . (b) Inclusion of qualified methane conversion technology in alternative fuel credit Paragraph (2) of section 6426(d) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting , and , and by adding at the end the following new subparagraph: (H) liquid fuel produced through qualified methane conversion technology (as defined in section 48B(c)(9)(A)) at a facility the construction of which begins before October 1, 2024. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3424ih/xml/BILLS-113hr3424ih.xml

113-hr-3425

I 113th CONGRESS 1st Session H. R. 3425 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Lipinski (for himself, Ms. Sinema , Mr. Peters of California , Mr. Gallego , Mr. Barber , Mr. Murphy of Florida , Mr. Barrow of Georgia , Mr. Vela , and Mr. Garcia ) 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 the Patient Protection and Affordable Care Act to delay the individual health insurance mandate and any penalties for violating the individual mandate until after there is a certification that the healthcare.gov website is fully operational, and for other purposes. 1. Short title This Act may be cited as the Health Care Access Fairness and Penalty Delay Act of 2013 . 2. Delay in applying individual health insurance mandate and penalty for violating the mandate before healthcare.gov is certified as being fully operational Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following: (h) Delay in application (1) In general The provisions of this section shall not apply to an individual for any month that begins earlier than 30 days after the end of the extension of enrollment period provided under paragraph (4). In applying the previous provisions of this section, the Secretary of the Treasury shall adjust the dates in this section accordingly based on the application of this subsection. (2) GAO report on progress on making the website fully operational Beginning not later than 30 days after the date of the enactment of the Health Care Access Fairness and Penalty Delay Act of 2013 and monthly thereafter (until such time as the Inspector General submits the certification under paragraph (3)), the Comptroller General of the United States shall submit to Congress and to the Inspector General for the Department of Health and Human Services monthly reports on the progress of the healthcare.gov website in becoming fully operational (as defined in paragraph (5)). (3) Inspector General of Health and Human Services certification Taking into account the reports submitted under paragraph (2), the Inspector General of the Department of Health and Human Services shall make a determination on whether or not the healthcare.gov website is fully operational and, if so, shall submit to Congress (and post on an appropriate public website) a certification that the healthcare.gov website is fully operational. (4) Extension of initial enrollment period The Secretary of Health and Human Services shall take such steps as are necessary to extend the initial enrollment period for individuals in qualified health plans offered through Exchanges under the Patient Protection and Affordable Care Act so that such period does not end earlier than 90 days after the date of the submittal to Congress of the certification under paragraph (3). (5) Fully operational defined In this subsection, the term fully operational means, with respect to the healthcare.gov website, that the website is fully functional and operating in a manner consistent with the role envisioned for Exchanges under the Patient Protection and Affordable Care Act (and the amendments made by such Act). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3425ih/xml/BILLS-113hr3425ih.xml

113-hr-3426

I 113th CONGRESS 1st Session H. R. 3426 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Ben Ray Luján of New Mexico (for himself and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. 1. Short title This Act may be cited as the Prevent Interruptions in Physical Therapy Act of 2013 . 2. Allowing physical therapists to utilize locum tenens arrangements under Medicare (a) In general The first sentence of section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) ) is amended— (1) by striking and before (H) ; and (2) by inserting before the period at the end the following: , and (I) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians’ services furnished by physicians . (b) Effective date The amendments made by subsection (a) shall apply to services furnished after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3426ih/xml/BILLS-113hr3426ih.xml

113-hr-3427

I 113th CONGRESS 1st Session H. R. 3427 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Poe of Texas , Ms. Moore , and Ms. Bass ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Crime Control Act of 1990 to require certification of State and law enforcement agency reports related to missing children, to require that certain information be provided to individuals reporting a missing child, and for other purposes. 1. Short title This Act may be cited as the Runaway Reporting Improvement Act of 2013 . 2. Missing children reporting requirements Section 3701 of title XXXVII of the Crime Control Act of 1990 ( 42 U.S.C. 5779 ) is amended— (1) by amending subsection (b) to read as follows: (b) Guidelines The Attorney General— (1) may establish guidelines for the collection of such reports including procedures for carrying out the purposes of this section and section 3702; and (2) shall establish guidelines for the format and collection of the certifications required under subsection (d). ; (2) by amending subsection (c) to read as follows: (c) Annual summary The Attorney General shall publish in the Federal Register and make available on the Web site of the Department of Justice— (1) an annual statistical summary of the reports received under this section and section 3702; and (2) not later than 18 months after the date of enactment of the Runaway Reporting Improvement Act of 2013 , a summary of the certifications required under subsection (d). ; and (3) by adding at the end the following new subsection: (d) Certification of compliance Not later than 18 months after the date of enactment of the Runaway Reporting Improvement Act of 2013 , each Federal, State, and local law enforcement agency reporting under the provisions of this section and section 3702 shall file a certification of the agency’s compliance with such sections, which shall be signed by an authorized representative of the agency and submitted to the Attorney General. . 3. State requirements for reporting Section 3702 of title XXXVII of the Crime Control Act of 1990 ( 42 U.S.C. 5780 ) is amended— (1) by striking Each State reporting and inserting “ (a) In general.— Each State reporting”; (2) by striking and after the semicolon at the end of paragraph (2); (3) by striking and after the semicolon at the end of paragraph (3); (4) by striking the period at the end of paragraph (4) and inserting ; and ; (5) by adding after paragraph (4) the following new paragraph: (5) not later than one year after the date of enactment of the Runaway Reporting Improvement Act of 2013 , develop, and require State and local law enforcement officers in such State to disseminate, a written information sheet to be provided to each individual who reports a missing child to such an officer after such date, which shall— (A) be submitted to the Department of Justice for approval, and approved by the Department, before such date; (B) include, at a minimum, the 24-hour, toll-free phone numbers for the National Center for Missing and Exploited Children and the National Runaway Safeline; and (C) provide a description of the services that the National Center for Missing and Exploited Children and the National Runaway Safeline provide to the parents and guardians of missing children. ; and (6) by adding at the end the following new subsections: (b) Department of Justice reporting requirement The Department of Justice shall meet the requirements of paragraph (5) of subsection (a), except that the Department shall not be required to meet the requirements of subparagraph (A) of such paragraph. (c) Guidelines The Attorney General shall establish guidelines for the development and dissemination of information sheets required under subsections (a)(5) and (b). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3427ih/xml/BILLS-113hr3427ih.xml

113-hr-3428

I 113th CONGRESS 1st Session H. R. 3428 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. McKinley (for himself and Mr. Enyart ) 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 an increased credit for development and to extend and simplify the credit for increasing research. 1. Credit for increasing development activities (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 41 the following new section: 41A. Credit for increasing development activities (a) In general For purposes of section 38, at the election of the taxpayer, the development credit determined under this section for the taxable year shall be an amount equal to 30 percent of so much of the qualified development expenses for the taxable year as exceeds 50 percent of the average qualified development expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. (b) Qualified development expenses For purposes of this section— (1) In general The term qualified development expenses means the sum of the following amounts which are paid or incurred during the taxable year in carrying on any trade or business of the taxpayer: (A) Any in-house development expenses. (B) Any contract development expenses. (2) In-house development expenses; contract development expenses The terms in-house development expenses and contract development expenses shall have the respective meaning given such terms in paragraphs (2) and (3) of section 41(b), except such paragraphs shall be applied by substituting qualified development for qualified research . (c) Qualified development The term qualified development means the systematic application of knowledge or understanding directed toward the production of useful material, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements. For purposes of the preceding sentence the rules of subparagraphs (A), (B), and (C) of section 41(d)(1) shall apply with respect to any development taken into account under this section. (d) Special rule in case of no qualified development expenses in any of 3 preceding years (1) Taxpayers to which this subparagraph applies The credit under this section shall be determined under this subsection if the taxpayer has no qualified development expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. (2) Credit rate The credit determined under this subparagraph shall be equal to 12 percent of the qualified development expenses for the taxable year. (e) Election An election under this section shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary. (f) Other special rules Rules similar to the rules of subsections (d)(4), (f), and (g) of section 41 shall apply for purposes of this section. (g) Termination This section shall not apply to taxable years beginning after December 31, 2018. . (b) Coordination with section 41 Subsection (b) of section 41 of such Code is amended by adding at the end the following new paragraph: (5) Coordination with section 41A In the case of any taxable year for which an election is in effect under section 41A, for purposes of determining the amount of qualified research expenses for such taxable year and the fixed-base percentage with respect to such taxable year, qualified research expenses shall not include any qualified development expenses (as defined in subsection (b) of such section). . (c) Coordination with deductions Section 280C is amended by adding at the end the following new subsection: (j) Credit for increasing development activities (1) In general No deduction shall be allowed for that portion of the qualified development expenses (as defined in section 41A(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41A(a). (2) Similar rule where taxpayer capitalizes rather than deducts expenses If— (A) the amount of the credit determined for the taxable year under section 41A(a), exceeds (B) the amount allowable as a deduction for such taxable year for qualified development expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (3) Election of reduced credit (A) In general In the case of any taxable year for which an election is made under this paragraph— (i) paragraphs (1) and (2) shall not apply, and (ii) the amount of the credit under section 41A(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit determined under section 41A(a) without regard to this paragraph, over (ii) the product of— (I) the amount described in clause (i), and (II) the maximum rate of tax under section 11(b)(1). (C) Election An election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable. (4) Controlled groups Paragraph (3) of subsection (b) shall apply for purposes of this subsection. . (d) Part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the development credit determined under section 41A. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 2. Increase in alternative simplified credit for research (a) In general Subparagraph (A) of section 41(c)(5) of the Internal Revenue Code of 1986 is amended by striking 14 percent (12 percent in the case of taxable years ending before January 1, 2009) and inserting 20 percent . (b) Special rule in case of no qualified research expenses in any of 3 preceding taxable years Clause (ii) of section 41(c)(5)(B) of such Code is amended by striking 6 percent and inserting 8 percent . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Extension of credit for increasing research activities (a) 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, 2018 . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3428ih/xml/BILLS-113hr3428ih.xml

113-hr-3429

I 113th CONGRESS 1st Session H. R. 3429 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mrs. McMorris Rodgers (for herself and Mr. Lankford ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To protect personal and financial information by requiring certain certifications by entities awarded funds under the Patient Protection and Affordable Care Act for the operation of a Navigator program or certain other Exchange activities. 1. Protecting personal and financial information by requiring certain certifications by entities awarded ACA funds for the operation of a Navigator program or certain other Exchange activities (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall require that in the case of an entity designated by or awarded funds by an Exchange or the Secretary for the operation of a Navigator program under subsection (i) of section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) or for carrying out activities to facilitate enrollment in qualified health plans or to advocate for enrolling certain populations in qualified health plans, such entity shall certify to the Secretary (and periodically recertify during the period of such designation or award) the following: (1) The entity has in place appropriate policies and safeguards to protect any personally identifiable information and financial information collected or used by such entity with respect to the operation of such program or with respect to carrying out such activities, as applicable. (2) The entity has in place appropriate policies prohibiting the employment by such entity, with respect to the operation of such program or with respect to carrying out such activities, as applicable, of any individual who has been convicted of— (A) an offense under section 1028 or 1028A of title 18, United States Code, or any similar crime pertaining to identity theft under the laws of a State; or (B) a criminal felony involving dishonesty or a breach of trust described in section 1033(e) of title 18, United States Code, or any similar criminal felony pertaining to dishonesty or a breach of trust under the laws of a State. (b) Enforcement If the Secretary determines, after notice and opportunity to appeal, that an entity described in subsection (a) is in violation of paragraph (1) or (2) of such subsection, the Secretary shall disqualify the entity from eligibility for any designation described in such subsection and from receipt of any funds awarded, after the date of such determination, under section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) for a purpose described in such subsection. (c) Certification to Congress The Secretary shall annually certify to Congress that all entities receiving a designation described in subsection (a) or awarded funds under section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) for the year involved for a purpose described in such subsection are in compliance with paragraphs (1) and (2) of such subsection. (d) Effective date The provisions of this section shall apply to designations made and funds awarded before, on, or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3429ih/xml/BILLS-113hr3429ih.xml

113-hr-3430

I 113th CONGRESS 1st Session H. R. 3430 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. McNerney (for himself, Mrs. Napolitano , and Mrs. Negrete McLeod ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to encourage hiring unemployed individuals. 1. Short title This Act may be cited as the Small Business Relief and Job Creation Act . 2. Temporary work opportunity credit for small businesses (a) In general Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (l) Small business credit for hiring certain unemployed individuals during 2014 and 2015 (1) In general In the case of an eligible unemployed individual who begins work for an eligible small business during 2014 or 2015, the taxpayer may elect to treat such individual as a member of a targeted group for purposes of this subpart, subject to the modifications in paragraph (4) and in lieu of treating such individual as a member of any other targeted group. (2) Eligible small business For purposes of this subsection, the term eligible small business means any person if— (A) either— (i) the gross receipts of such person for the preceding taxable year did not exceed $20,000,000, or (ii) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 100 full-time employees during the preceding taxable year, and (B) such person elects the application of this section for the taxable year. For purposes of subparagraph (A)(ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 35 or more calendar weeks in the taxable year. (3) Eligible unemployed individual For purposes of this section, the term eligible unemployed individual means any individual— (A) who is certified by the designated local agency as being eligible to receive unemployment compensation under State or Federal law during the 1-year period ending on the hiring date, or (B) whose employment with the employer was terminated before January 1, 2014. (4) Employee must be full-time No wages shall be taken into account with respect to any individual for any taxable year unless such individual is employed by the employer an average of at least 30 hours per week in the taxable year (in the case of the taxable year during which the individual begins work, beginning with the day the individual begins work). (5) Modifications For purposes of this subsection, the modifications described in this paragraph are as follows: (A) Percentage of wages Subsection (a) shall be applied— (i) in the case of wages paid or incurred by the employer during 2014, by substituting 7.5 percent for 40 percent , and (ii) in the case of wages paid or incurred by the employer during 2015, by substituting 5 percent for 40 percent . (B) Qualified wages during 2014 and 2015 taken into account Subsection (b)(2) shall be applied by substituting during 2014 and 2015 for during the 1-year period beginning with the day the individual begins work for the employer . (C) $75,000 wage limitation Subsection (b)(3) shall be applied by substituting $75,000 for $6,000 . (D) Double credit in counties with high unemployment (i) In general In the case of an employer located in a county which is a high unemployment county for the month during which the employee begins work for the employer, clauses (i) and (ii) of subparagraph (A) shall be applied by substituting 15 percent and 10 percent for 7.5 percent and 5 percent , respectively. (ii) High unemployment county For purposes of this subparagraph, the term high unemployment county means, with respect to any month, a county for which the rate of unemployment exceeds the national rate of unemployment (as determined by the Bureau of Labor Statistics of the Department of Labor). (E) Credit to apply for all 2014 and 2015 This subsection shall be applied without regard to subsection (c)(4). (F) Certain rehires eligible Subsection (i)(2) shall not apply to an individual whose employment with the employer was terminated before January 1, 2014. . (b) Effective date The amendments made by this section shall apply to employees hired after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3430ih/xml/BILLS-113hr3430ih.xml

113-hr-3431

I 113th CONGRESS 1st Session H. R. 3431 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. O’Rourke (for himself and Mr. Pearce ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to promote family unity, and for other purposes. 1. Short title This Act may be cited as the American Families United Act . 2. Findings Congress finds the following: (1) The rights and interests of U.S. citizens should be protected by our Nation’s immigration laws. (2) It is the intent of Congress to provide the Attorney General and Secretary of Homeland Security with the limited ability to provide fairness to the spouses, children and parents of American citizens in immigration proceedings on a case-by-case basis. 3. Rules of Construction Nothing in this Act shall be construed— (1) to provide the Attorney General or the Secretary of Homeland Security with the ability to expand the discretionary authority beyond a case-by-case basis; or (2) to provide, confirm or concur legalization or nationalization of persons covered under this Act, it is solely designed to address hardships incurred by a small minority of American families that are adversely affected by inadmissibility and deportation provisions that cause family separation. 4. Waivers of inadmissibility (a) Aliens who entered as children Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) ) is amended by adding at the end the following: (VI) Aliens who entered as children Clause (i) shall not apply to an alien who is the beneficiary of an approved petition under 101(a)(15)(H) and who has earned a baccalaureate or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), and had not yet reached the age of 16 years at the time of initial entry to the United States. . (b) Aliens unlawfully present Section 212(a)(9)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1181(a)(9)(B)(v) ) is amended— (1) by striking spouse or son or daughter and inserting spouse, son, daughter, or parent ; (2) by striking extreme ; and (3) by inserting , child, after lawfully resident spouse . (c) Previous immigration violations Section 212(a)(9)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(C)(i) ) is amended by adding , other than an alien described in clause (iii) or (iv) of subparagraph (B), after Any alien . (d) False claims (1) Inadmissibility (A) In general Section 212(a)(6)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C) ) is amended to read as follows: (C) Misrepresentation (i) In general Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or within the last 3 years has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. (ii) Falsely claiming citizenship (I) Inadmissibility Subject to subclause (II), any alien who knowingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is inadmissible. (II) Special rule An alien shall not be inadmissible under this clause if the misrepresentation described in subclause (I) was made by the alien when the alien— (aa) was under 18 years of age; or (bb) otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship. (iii) Waiver The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of clause (i) or (ii)(I) for an alien, regardless whether the alien is within or outside the United States, if the Attorney General or the Secretary find that a determination of inadmissibility to the United States for such alien would— (I) result in hardship to the alien or to the alien’s parent, spouse, son, or daughter who is a citizen of the United States or an alien lawfully admitted for permanent residence; or (II) in the case of a VAWA self-petitioner, result in hardship to the alien or a parent or child of the alien who is a citizen of the United States, an alien lawfully admitted for permanent residence, or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641(b) )). For purposes of this clause, family separation in and of itself shall be deemed to be a hardship. (iv) Limitation on review No court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary regarding a waiver under clause (iii). . (B) Conforming amendment Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by striking subsection (i). (2) Deportability Section 237(a)(3)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(3)(D) ) is amended to read as follows: (D) Falsely claiming citizenship Any alien described in section 212(a)(6)(C)(ii) is deportable. . (e) Definition of Conviction (1) Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended by striking subparagraphs (A) and (B) and inserting the following: (A) The term conviction means, with respect to an alien, a final, formal judgment of guilt entered by a court. Where a State or Federal court enters an adjudication or judgment of guilt that has been withheld, deferred, expunged, annulled, invalidated or vacated, or enters an order of probation without entry of judgment, or any similar disposition under State or Federal law such judgment or adjudication shall not be considered a conviction for purposes of this Act. (B) Any pardon entered by a State or Federal authority shall render the prior conviction null and void for all purposes under this Act. (C) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law. The suspension of the imposition or execution of that imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of this Act. . (2) Effective Date and Application The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act. 5. Discretionary authority with respect to removal, deportation, ineligibility or inadmissibility of citizen and resident immediate family members (a) Applications for relief from removal Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended by adding at the end the following: (D) Judicial discretion In the case of an alien subject to removal, deportation, ineligibility or inadmissibility, the immigration judge may exercise discretion to decline to order the alien removable, deportable, ineligible or inadmissible from the United States and terminate proceedings or grant permission to reapply for admission or any application for relief from removal if the judge determines that such removal, deportation, ineligibility or inadmissibility is against the public interest or would result in hardship to the alien’s United States citizen or lawful permanent resident parent, spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines— (i) is inadmissible or deportable under— (I) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2); (II) section 212(a)(3); (III) subparagraph (A), (C), or (D) of section 212(a)(10); or (IV) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or (ii) has— (I) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); or (II) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. For purposes of this subparagraph, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. . (b) Secretary’s discretion Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by adding at the end the following: (u) Secretary’s discretion In the case of an alien who is inadmissible under this section or deportable under section 237 or ineligible under any provision of this Act, the Secretary of Homeland Security may exercise discretion to waive a ground of ineligibility, inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the Secretary determines that such ineligibility, removal or refusal of admission is against the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child. For purposes of this subsection, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. This subsection shall not apply to an alien whom the Secretary determines— (1) is inadmissible or deportable under— (A) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2); (B) subsection (a)(3); (C) subparagraph (A), (C), or (D) of subsection (a)(10); (D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or (E) section 240(c)(4)(D)(ii)(II); or (2) has— (A) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); (B) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction; . (c) Reinstatement of removal orders Section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) is amended by striking the period at the end and inserting , unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3431ih/xml/BILLS-113hr3431ih.xml

113-hr-3432

I 113th CONGRESS 1st Session H. R. 3432 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expedite the planning and implementation of salvage timber sales as part of Forest Service and Department of the Interior restoration and rehabilitation activities for lands within the Gila and Lincoln National Forests and for Bureau of Land Management lands in New Mexico adversely impacted by the 2012 and 2013 fire seasons, and for other purposes. 1. Short title This Act may be cited as the New Mexico Wildland Fire Emergency Salvage Act of 2013 . 2. Expedited salvage timber sales in response to the Silver, Little Bear, and Whitewater-Baldy Complex Fires in New Mexico (a) Salvage timber sales required As part of the restoration and rehabilitation activities undertaken on lands within the Gila National Forest and Lincoln National Forest and on Bureau of Land Management lands adversely impacted by the 2012 Little Bear and Whitewater-Baldy Complex Fires and the 2013 Silver Fire in New Mexico, the Secretary of Agriculture, with respect to the affected National Forest System lands, and the Secretary of the Interior, with respect to affected Bureau of Land Management lands, shall promptly plan and implement salvage timber sales of dead, damaged, or downed timber resulting from those wildfires. (b) Legal sufficiency Due to the extraordinary severity of the wildfires referred to in subsection (a), salvage timber sales conducted under such subsection shall proceed immediately and to completion notwithstanding any other provision of law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and laws related to the management of timber on the lands covered by such subsection. (c) Administrative and judicial review Salvage timber sales conducted under subsection (a) shall not be subject to— (1) administrative review, including, in the case of the Forest Service, the notice, comment, and appeal requirements of section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 ( Public Law 102–381 ; 16 U.S.C. 1612 note); or (2) judicial review in any court of the United States. (d) Limitation; rule of construction Nothing in this section shall be construed in a manner that would affect the land management plan applicable to any area designated as a component of the National Wilderness Preservation System under section 3 of the Wilderness Act ( 16 U.S.C. 1132 ) and containing lands covered by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr3432ih/xml/BILLS-113hr3432ih.xml

113-hr-3433

I 113th CONGRESS 1st Session H. R. 3433 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Polis (for himself, Mr. Cárdenas , Mr. Carson of Indiana , Mr. Cicilline , Mr. Delaney , Ms. DelBene , Mr. Himes , Mr. Holt , Mr. Huffman , Mr. Loebsack , and Mr. Kind ) 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 invest in innovation for education. 1. Short title This Act may be cited as the Investing in Innovation for Education Act of 2013 . 2. Investing in innovation (a) In General Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: D Investing in innovation 4401. Purposes The purposes of this part are to— (1) fund the identification, development, evaluation, and expansion of innovative, evidence-based practices, programs, and strategies in order to significantly— (A) increase student academic achievement and decrease achievement gaps; (B) increase secondary school graduation rates; (C) increase college enrollment rates, rates of college persistence, and rates of attainment of other post-secondary credentials; (D) improve teacher and principal effectiveness or retention of highly effective teachers or principals; and (E) increase the identification and dissemination of innovative educational strategies in rural areas; and (2) support the rapid development, expansion, and adoption of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies. 4402. National activities (a) In general Subject to subsection (b), from the amounts appropriated under section 4408, the Secretary shall reserve not more than 10 percent for each fiscal year to carry out activities of national significance, which may include— (1) technical assistance, including to applicants from rural areas; (2) pre-application workshops or web-based seminars for potential applicants, including applicants from rural areas; (3) the recruitment of peer reviewers, including individuals with a background in rural education and individuals with expertise in education technology, to participate in the review of applications submitted under section 4404; (4) dissemination of best practices, in consultation with the regional educational laboratories established under part D of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9561 et seq. ) and comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ), developed with grant funds provided under this part, including best practices developed with grant funds in rural areas; (5) entering into partnerships with other agencies, nonprofits, and the private sector to carry out advanced research and development activities, including research and activities in rural areas; and (6) carrying out prize awards, in a manner consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ). (b) Reservation of funds for dissemination The Secretary shall reserve not less than 50 percent of the funds reserved under this section to carry out the dissemination activities described in subsection (a)(4). 4403. Program authorized; length of grants; priorities (a) Program Authorization From the amounts appropriated under section 4408 and not reserved under section 4402, the Secretary shall award grants, on a competitive basis, to eligible entities to carry out the activities described in section 4405. (b) Duration of Grants The Secretary shall award grants to eligible entities under this section for a period of not more than 3 years, and may extend such grants for an additional 2-year period if the eligible entity demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 4406. (c) Rural areas The Secretary shall ensure that not less than 25 percent of the funds awarded under this section for any fiscal year are for projects that meet both of the following requirements: (1) The eligible entity is— (A) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B) a consortium of such local educational agencies; or (C) an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. (2) A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary. (d) Support for New Practices, Strategies, or Programs The Secretary shall ensure that not less than one-half of the funds awarded under this section for any fiscal year are for projects that— (1) meet an evidence standard described in paragraph (2) or (3) of subsection (f); and (2) do not meet the evidence standard described in paragraph (1) of subsection (f). (e) Priorities In awarding grants under this section, the Secretary may give priority to an eligible entity that includes, in its application under section 4404, a plan to— (1) improve early learning outcomes and academic connections between early learning and elementary school; (2) support college access, persistence, and success; (3) support family and community engagement; (4) address the unique learning needs of students with disabilities or English language learners; (5) support the effective use of education technology to improve teaching and learning; (6) improve the teaching and learning of science, technology, engineering, computing, or mathematics; (7) serve schools in rural local educational agencies; (8) train teachers or principals to adopt and implement college and career ready standards; (9) develop alternative career pathways or differentiated school staffing models for effective teachers or principals to expand their impact on student learning; (10) train or support principals or teacher leaders, including teacher leaders preparing for principal roles; (11) support, improve, or develop any other area of school innovation, as determined by the Secretary; and (12) address the learning needs of Indian, Native American, Alaska Native, or migrant children in school. (f) Standards of Evidence The Secretary shall set standards for the quality of evidence that an eligible entity shall provide to demonstrate that the activities the eligible entity proposes to carry out with grant funds under this section are likely to succeed in improving student outcomes or outcomes on other performance measures. These standards may include any of the following: (1) Strong evidence that the activities proposed by the eligible entity will have a statistically significant effect on student academic achievement, student growth, graduation rates, or outcomes on other performance measures. (2) Moderate evidence that the activities proposed by the eligible entity will improve student academic achievement, student growth, graduation rates, or outcomes on other performance measures. (3) Evidence of promise or a strong theory that the activities proposed by the eligible entity will improve student academic achievement, student growth, graduation rates, or outcomes on other performance measures. 4404. Applications (a) Applications An eligible entity that desires to receive a grant under section 4403 shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Contents Each application submitted by an eligible entity under subsection (a) shall— (1) describe the project for which the eligible entity is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 4403(f); (2) describe how the eligible entity will address at least one of the areas described in section 4405(a)(1); (3) provide an estimate of the number of students that the eligible entity plans to serve under the proposed project, including the percentage of those students who are from low-income families, and the number of students to be served through additional expansion after the grant ends; (4) demonstrate that the eligible entity has established one or more partnerships with the private sector, which may include philanthropic organizations, and that the partner or partners will provide matching funds, except that the Secretary may waive, on a case-by-case basis, the matching funds requirement under this paragraph upon a showing of exceptional circumstances, such as the difficulty of raising matching funds for a project to serve a rural area; (5) describe the eligible entity’s plan for continuing the proposed project after the grant funding under section 4403 ends, including a plan for dissemination of best practices and collaboration with other local educational agencies; (6) demonstrate that the proposed project has incorporated input and feedback from educators working in the area to be served; (7) if the eligible entity is a local educational agency— (A) document the local educational agency’s record in— (i) increasing student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); or (ii) decreasing achievement gaps; and (B) demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 4406; (8) if the eligible entity is a nonprofit organization— (A) provide evidence that the nonprofit organization has helped at least one high-need school or high-need local educational agency significantly— (i) increase student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); (ii) reduce achievement gaps; or (iii) increase graduation rates; and (B) describe how the nonprofit organization has helped at least 1 school or local educational agency make a significant improvement, as applicable, in other outcomes on the performance measures described in section 4406; (9) if the eligible entity is an educational service agency— (A) provide evidence that the agency has helped at least one high-need school or high-need local educational agency significantly— (i) increase student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); (ii) reduce achievement gaps; or (iii) increase graduation rates; and (B) describe how the agency has helped at least 1 school or local educational agency make a significant improvement, as applicable, in other outcomes on the performance measures described in section 4406; (10) provide a description of the eligible entity’s plan for independently evaluating the effectiveness of activities carried out with funds under section 4403; (11) provide an assurance that the eligible entity will— (A) cooperate with cross-cutting evaluations; (B) make evaluation data available to third parties for validation and further study consistent with protections established by applicable Federal, State, and local privacy requirements and other on provisions on the protection of personally identifiable information; and (C) participate in communities of practice; and (12) if the eligible entity is a nonprofit organization that intends to make subgrants, consistent with section 4405(b), provide an assurance that the eligible entity will apply paragraphs (1) through (10), as appropriate, in the eligible entity’s selection of subgrantees and in the oversight of such subgrants. (c) Criteria for evaluating applications The Secretary shall award grants under section 4403 on a competitive basis, based on the quality of the applications under this section submitted and, consistent with the standards established under section 4403(f), each eligible entity’s likelihood of achieving success in improving student outcomes or outcomes on other performance measures. 4405. Uses of funds (a) Uses of funds Each eligible entity that receives a grant under section 4403— (1) shall use the grant funds to address, at a minimum, one of the following areas of school innovations: (A) Improving the effectiveness and distribution of teachers or principals. (B) Strengthening the use of data to improve teaching and learning. (C) Providing high-quality instruction based on rigorous standards that build toward college and career readiness and measuring students' mastery using high-quality assessments aligned to those standards. (D) Turning around the lowest-performing schools. (E) Supporting the effective use of technology to improve teaching or principals and learning, including training teachers or principals in the innovative use of technology. (F) Any other area of school innovation, as determined by the Secretary; (2) shall use those funds to develop or expand strategies to improve the performance of high-need students on the performance measures described in section 4406; and (3) may use the grant funds for an independent evaluation, as required by section 4404(b)(9), of the innovative practices carried out with the grant. (b) Authority to subgrant In the case of an eligible entity receiving a grant under section 4403 that is nonprofit organization such eligible entity may use the grant funds to make subgrants to other entities to provide support to one or more high-need schools or high-need local educational agencies. Any entity receiving a subgrant under this subsection shall comply with the requirements of this part for eligible entities, as appropriate. 4406. Performance measures (a) In general The Secretary shall establish performance measures for the projects carried out under this part. These measures, at a minimum, shall track an eligible entity’s progress in— (1) improving outcomes for each subgroup described in section 1111(b)(2)(C)(v) that is served by the grantee on measures, including, as applicable, by— (A) increasing student achievement and decreasing achievement gaps; (B) increasing secondary school graduation rates; (C) increasing college enrollment rates and rates of college persistence; (D) improving teacher and principal effectiveness or the retention of highly effective teachers or principals; (E) improving school readiness; or (F) any other indicator as the Secretary or grantee may determine; and (2) implementing the eligible entity’s project in rural schools, as applicable. (b) Data collection period From the amounts appropriated under section 4408, the Secretary may— (1) approve, for an eligible entity receiving a grant under section 4403, a data collection period of not more than 72 months beginning after the end of the eligible entity’s grant period; and (2) provide the eligible entity with funding during such period for the sole purpose of collecting, analyzing, and reporting performance information under this subsection on the project carried out during the grant period. 4407. Annual report An eligible entity that receives a grant under section 4403 shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes information on— (1) the eligible entity’s progress on the performance measures established under section 4406; and (2) the data supporting such progress. 4408. Authorization of appropriations There are authorized to be appropriated to carry out this part $500,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. 4409. Definitions In this part: (1) Eligible entity The term eligible entity means— (A) a local educational agency; (B) an educational service agencies; or (C) a nonprofit organization in partnership with a local educational agency or consortium of schools. (2) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or (C) that is in the highest quartile of local educational agencies in the State, based on student poverty. (3) High-need school The term high-need school’ means— (A) an elementary school or middle school in which not less than 50 percent of the enrolled students are children eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (B) a high school in which not less than 40 percent of the enrolled students are children eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), which may be calculated using comparable data from feeder schools. (4) Principal The term principal includes an assistant principal. (5) Teacher The term teacher includes teacher leaders. (6) Teacher leader The term teacher leader means a teacher who has demonstrated effectiveness and assumes leadership responsibilities to work with other teachers to raise student achievement in multiple classrooms. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: Part D—Investing in Innovation Sec. 4401. Purposes. Sec. 4402. National activities. Sec. 4403. Program authorized; length of grants; priorities. Sec. 4404. Applications. Sec. 4405. Uses of funds. Sec. 4406. Performance measures. Sec. 4407. Reporting; annual report. Sec. 4408. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3433ih/xml/BILLS-113hr3433ih.xml

113-hr-3434

I 113th CONGRESS 1st Session H. R. 3434 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Reed (for himself, Mr. Southerland , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part A of title IV of the Social Security Act to require a State to deny assistance under the program of block grants to States for temporary assistance for needy families to a parent, caretaker relative, or legal guardian of a child who is not attending enough school, and for other purposes. 1. Short title This Act may be cited as the Parental Accountability for Reducing Child Poverty Act . 2. Denial of TANF assistance to parent, caretaker relative, or legal guardian of child not attending enough school (a) Prohibition Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) No assistance for parent, caretaker relative, or legal guardian of child not attending enough school (A) In general A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to an individual who is a parent, caretaker relative, or legal guardian of a child who has attained 6 years of age but has not attained 19 years of age, unless, in the most recently completed school year— (i) in the case of a child not referred to in clause (ii), the child attended school for at least the number of days that constituted the minimum school attendance then required under applicable State law for children who were then within the State’s compulsory school attendance age range (regardless of whether the age of the child was within that age range); or (ii) in the case of a child who attended a school that was treated as a home school under State law, the child met all applicable State requirements with respect to such a school. (B) Exceptions A State may elect to not apply subparagraph (A) to a child— (i) who is enrolled, and making satisfactory progress, in a vocational education institution or an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965); or (ii) whose failure to attend school for at least the number of days referred to in subparagraph (A) of this paragraph in a school year is attributable to— (I) medical reasons (including quarantine), as certified by the administrator of the school attended by the child; or (II) a natural disaster in the United States, or a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. . (b) Penalty Section 409(a) of such Act ( 42 U.S.C. 609(a) ) is amended by adding at the end the following: (17) Failure of state to deny assistance to parent, caretaker relative, or legal guardian of child not attending enough school The Secretary shall reduce the grant payable to a State under section 403(a)(1) for a fiscal year by the amount of any assistance paid by the State in violation of section 408(a)(13) in the preceding fiscal year. . (c) Effective date The amendments made by this section shall take effect on October 1, 2015, and shall apply to attendance in school years beginning on or after August 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3434ih/xml/BILLS-113hr3434ih.xml

113-hr-3435

I 113th CONGRESS 1st Session H. R. 3435 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Linda T. Sánchez of California (for herself, Mr. Grijalva , Ms. Brown of Florida , Mr. Cummings , Ms. Chu , Ms. Norton , Ms. Roybal-Allard , Mr. Ryan of Ohio , Ms. Wilson of Florida , Mr. Cartwright , Mr. Carson of Indiana , Ms. Jackson Lee , Mr. Honda , Mr. Hinojosa , Mrs. Napolitano , Mrs. Negrete McLeod , Mr. Polis , Ms. Kaptur , Ms. Clarke , Ms. Loretta Sanchez of California , Mr. Rangel , Mrs. Davis of California , Mr. Pierluisi , Mr. Cicilline , Mr. Lowenthal , Mr. Holt , Mr. Garamendi , Ms. Bass , and Mr. Takano ) 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 create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate. 1. Short title This Act may be cited as the Put School Counselors Where They’re Needed Act . 2. Demonstration project for additional secondary school counselors Part H of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6551 et seq. ) is amended by adding at the end the following: 3 Demonstration project for additional secondary school counselors 1841. Findings The Congress finds the following: (1) Nationally, only 70 percent of students graduate from high school with a regular high school diploma. (2) Every school day, 7,000 American high school students become dropouts. (3) High school students living in low-income families drop out of school at three times the rate of their peers from high-income families. (4) Only about 55 percent of African American students and 52 percent of Hispanic students graduate on time from high school with a regular diploma, compared to 78 percent of white students. (5) The dropout rate for students with disabilities is approximately twice that of general education students. (6) High school is the final transition into adulthood and the world of work as students begin defining their independence and forging their own pathways. As our next generation of leaders, our youth, are deciding their futures, they are faced with many challenges, including peer pressure and bullying, high-stakes testing, the challenges of college admissions, the scholarship and financial aid application process, and entrance into an ever more competitive job market. Students need guidance and skills to help them navigate these complex decisions, which have serious and life changing consequences. (7) School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. (8) Professional secondary school counselors are highly qualified educators with a mental health perspective who understand and respond to the challenges presented by today’s diverse student population. (9) The professional secondary school counselor holds a master’s degree or higher in school counseling (or the substantial equivalent), and is certified or licensed by the State in which the counselor works. (10) Professional secondary school counselors are integral to the total educational program. They provide proactive leadership that engages all stakeholders in the delivery of programs and services to help the student achieve success in school. Professional secondary school counselors align and work with the school’s mission to support the academic achievement of all students as they prepare for the ever-changing world of the 21st century. (11) Professional secondary school counselors’ opportunities to assist students are often hindered by extraordinarily high student-to-counselor ratios. Currently, the average student-to-counselor ratio in America’s public schools is 471 to 1. The American School Counselor Association, the American Counseling Association, and the National Association for College Admissions Counseling all recommend a ratio of one school counselor to 250 students and a lower ratio for counselors working primarily with students at risk. 1842. Demonstration project (a) In general From amounts made available to carry out this subpart, the Secretary shall carry out a demonstration project under which the Secretary makes grants on a competitive basis to secondary schools that receive funds under this title and have a four-year adjusted cohort graduation rate of 60 percent or lower. (b) Grants A grant under this subpart shall be for a period of 4 years and may be used— (1) to provide additional school counselors during that period; and (2) to provide additional resources (such as professional development expenses or travel expenses for home visits, and any services and materials referred to in subsection (d)) and to pay overhead expenses. (c) Sense of Congress It is the sense of Congress that a participating school should aim to provide, under subsection (b)(1), one additional counselor per 250 students at risk. (d) Scope of counseling The additional school counselors shall identify students who are at risk of not graduating in 4 years and shall provide counseling primarily to those students. The counselors may identify such students at any time, but shall strive to identify them before they enter grade 9. Services shall be provided as long as necessary, including to the extent allowable and appropriate, after the student’s cohort graduation date. The counseling provided— (1) may include a full panoply of services, including an individual graduation plan and other resources, such as appropriate course placement and supplemental services (to include not only supplemental educational services tutoring if available at the school site, but also other tutoring as necessary, along with supplemental books and materials); and (2) shall include meetings with each student so identified and with the teachers, tutors, supplemental educational services providers, and parents of the student, and may also include meetings with other relevant individuals, such as a probation officer, mentor, coach, or employer of the student. (e) Supplement not supplant Funds under this subpart shall be used to supplement, not supplant, funds from non-Federal sources. The additional school counselors provided through funds under this subpart must be in addition to any employees who work in the secondary school guidance or counseling office, such as counselors, college admissions specialists, career development specialists, guidance information specialists, or any other professional or paraprofessional. (f) Additional grant periods (1) In general A school that receives a grant under this subpart and demonstrates adequate improvement over the period of the grant is eligible to receive a second grant for a second period. If the school again demonstrates adequate improvement over that second period, the school is eligible to receive a third grant for a third period. The third grant shall provide amounts that decrease for each year of the third period and require the school to provide corresponding increases in non-Federal funds. (2) Adequate improvement For purposes of paragraph (1), a school demonstrates adequate improvement over a grant period if the four-year adjusted cohort graduation rate increases (or is projected to increase) by 10 percent or more over that period. (g) Selection The Secretary shall carry out the demonstration project in at least 10 schools. The first five schools selected to participate shall each be from a different State. 1843. Definitions For purposes of this subpart: (1) Four-year adjusted cohort graduation rate The term four-year adjusted cohort graduation rate means the number of students who earned a regular high school diploma at the conclusion of their fourth year, before their fourth year, or during a summer session immediately following their fourth year, divided by the number of students who formed the adjusted cohort for that graduating class. (2) Adjusted cohort (A) In general Subject to the other subparagraphs of this paragraph, the term adjusted cohort means the students who entered grade 9 together, and any students that transferred into the cohort in grades 9 through 12 minus any students removed from the cohort. (B) Transfers in The term transfers in means the students who enroll or re-enroll after the beginning of the entering cohort’s first year in high school, up to and including in grade 12. (C) Cohort removal To remove students from the cohort, the school or local educational agency must confirm that the student— (i) has transferred out; (ii) is in the custody of the juvenile justice system; or (iii) is deceased. (D) Transfers out The term transfers out means the students the school or local educational agency has confirmed have transferred to another school, local educational agency, or other educational program for which they are expected to receive a regular high school diploma. Confirmation of a student’s transfer to another school, local educational agency, or program requires formal documentation that the student enrolled in the receiving school. Students enrolled in a GED or other alternative educational program that does not issue or provide credits toward the issuance of a regular high school diploma are not considered transfers out. Students who were enrolled, but for whom there is no confirmation of transfer or completion, may not be labeled transfers or errors, but must remain in the cohort as non-graduates for reporting and accountability purposes. (E) Treatment of other leavers and withdrawals Students who were retained in grade, enrolled in a GED program, or left school for any other reason may not be counted as transfers out for the purpose of calculating graduation rates and must remain in the adjusted cohort. (F) Special rule For those high schools that start after ninth grade, the cohort shall be calculated based on the earliest high school grade. (3) Regular high school diploma (A) In general The term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, and does not include GEDs, certificates of attendance, or any lesser diploma award. (B) Special rule For those students who have significant cognitive disabilities and are assessed using an alternate assessment aligned to alternate achievement standards, receipt of a regular high school diploma or State-defined alternate diploma aligned with completion of their entitlement under the Individuals with Disabilities Education Act shall be counted as graduates with a regular high school diploma for the purposes of this Act. No more than one percent of students can be counted as graduates with a regular high school diploma under this subparagraph. 1844. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $5,000,000 for each of fiscal years 2014 through 2017. . 3. Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1830 the following: Subpart 3—Demonstration project for additional secondary school counselors Sec. 1841. Findings. Sec. 1842. Demonstration project. Sec. 1843. Definitions. Sec. 1844. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3435ih/xml/BILLS-113hr3435ih.xml

113-hr-3436

I 113th CONGRESS 1st Session H. R. 3436 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Sanford (for himself, Mr. Broun of Georgia , Mr. Mulvaney , Mr. Grayson , Mr. Bentivolio , Mr. Rice of South Carolina , Ms. Norton , Mr. Massie , Mr. Amash , Mr. Gowdy , Mr. Sensenbrenner , Mr. Duncan of South Carolina , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Director of the National Security Agency and the Inspector General of the National Security Agency to be appointed by the President, by and with the advice and consent of the Senate, and for other purposes. 1. Director of the National Security Agency (a) Establishment The National Security Agency Act of 1959 ( 50 U.S.C. 3601 et seq. ) is amended— (1) by striking section 3; (2) by redesignating section 2 as section 3; and (3) by inserting before section 3 (as so redesignated) the following new section: 2. There is a Director of the National Security Agency, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall serve as the head of the National Security Agency. . (b) Transition rule An individual serving as Director of the National Security Agency on the date of the enactment of this Act may continue so serving until the President makes an appointment under section 2 of the National Security Agency Act of 1959, as amended by subsection (a) of this section. 2. Inspector General of the National Security Agency (a) Establishment The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, ; and (2) in section 12— (A) in paragraph (1), by inserting the National Security Agency, after the Federal Emergency Management Agency, ; and (B) in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . (b) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay.

https://www.govinfo.gov/content/pkg/BILLS-113hr3436ih/xml/BILLS-113hr3436ih.xml

113-hr-3437

I 113th CONGRESS 1st Session H. R. 3437 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Schwartz introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to consolidate, with modifications, the Hope Scholarship Credit, the Lifetime Learning Credit, and the American Opportunity Tax Credit, and for other purposes. 1. Short title This Act may be cited as the College Affordability Act of 2013 . 2. Consolidation of education credits with modifications (a) In general Section 25A of the Internal Revenue Code of 1986 is amended to read as follows: 25A. American opportunity tax credit (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,500. (b) Lifetime limitation on aggregate credit In the case of qualified tuition and related expenses with respect to any individual, the aggregate amount of the credits claimed under this section for all taxable years shall not exceed $10,000, determined without regard to whether— (1) such credits are claimed on the return of tax filed by the individual or by another taxpayer, or (2) such expenses are treated as paid by the individual or by another taxpayer. (c) Limitation based on modified adjusted gross income (1) In general The amount which would (but for this subsection) be taken into account under this section for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). (2) Amount of reduction The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as— (A) the excess of— (i) the taxpayer's modified adjusted gross income for such taxable year, over (ii) $80,000 (twice such amount in the case of a joint return), bears to (B) $10,000 ($20,000 in the case of a joint return). (3) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. (d) Other limitations (1) Credit allowed for year only if individual is at least ½ time student for portion of year The credit under this section shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year. (2) Denial of credit if student convicted of a felony drug offense The credit under subsection (a) shall not be allowed for qualified tuition and related expenses for the enrollment or attendance of a student for any academic period if such student has been convicted of a Federal or State felony offense consisting of the possession or distribution of a controlled substance before the end of the taxable year with or within which such period ends. (e) Definitions For purposes of this section: (1) Eligible student The term eligible student means, with respect to any academic period, a student who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on August 5, 1997, and (B) is carrying at least ½ the normal full-time work load for the course of study the student is pursuing. (2) Qualified tuition and related expenses (A) In general The term qualified tuition and related expenses means tuition, fees, and course materials required for the enrollment or attendance of— (i) the taxpayer, (ii) the taxpayer's spouse, or (iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. (B) Exception for education involving sports, etc Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. (C) Exception for nonacademic fees Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. (3) Eligible educational institution The term eligible educational institution means an institution— (A) which is described in section 481 of the Higher Education Act of 1965, as in effect on August 5, 1997, and (B) which is eligible to participate in a program under title IV of such Act. (f) Other limitations and special rules For purposes of this section: (1) Identification requirement No credit shall be allowed under this section to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. (2) Adjustment for certain scholarships, etc (A) In general The amount of qualified tuition and related expenses otherwise taken into account under this section with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— (i) a qualified scholarship which is excludable from gross income under section 117, (ii) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and (iii) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. (B) Coordination with pell grants not used for qualified tuition and related expenses Any amount determined with respect to an individual under subparagraph (A) which is attributable to a Federal Pell Grant under section 401 of the Higher Education Act of 1965 shall be reduced (but not below zero) by the amount of the expenses (other than qualified tuition and related expenses) which are taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this subparagraph) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined. (3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins— (A) no credit shall be allowed under this section to such individual for such individual's taxable year, and (B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. (4) Treatment of certain prepayments If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (5) Denial of double benefit No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. (6) No credit for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. (7) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (g) Portion of credit refundable (1) In general 80 percent of the amount which would (but for this subsection and section 26) be allowed as a credit allowed under this section for the taxable year shall be treated as a credit allowable under subpart C (and not allowed under this section). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year. (2) Maximum amount refundable The amount treated by paragraph (1) as a credit allowable under subpart C for any taxable year shall not exceed $1,500. (h) Inflation adjustments (1) In general In the case of taxable years beginning after 2014, the $2,500 and $3,000 amounts in subsection (a), the $10,000 amount in subsection (b), the $80,000 amount in subsection (c)(2)(A)(ii), and the $1,500 in subsection (g)(2) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding (A) In general If the $1,500, $2,500, $3,000, or $10,000 amount as adjusted under paragraph (1) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. (B) $80,000 amount If the $80,000 amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. (i) Election not To have section apply A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year. (j) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit. (k) Pilot program To make periodic payments as college expenses incurred (1) In general The Secretary of the Treasury and the Secretary of Education shall jointly establish a program designed to make payments periodically to or on behalf of an eligible student as the student incurs qualified expenses during the taxable year. The total amount that may be so paid to or on behalf of an eligible student through this program shall not exceed the credit which would (but for paragraph (2)) be allowable under this section if subsection (c) were applied by using the taxpayer’s modified adjusted gross income for the preceding taxable year. (2) Credit reduced by pilot program payments The credit allowable under this section (without regard to this paragraph) for any taxable year shall be reduced (but not below zero) by the payments made with respect to a student under paragraph (1) for expenses which would otherwise be taken into account in determining the credit under this section for such year. (3) Program participation Participation in the program established under this subsection shall be voluntary with respect to both students and educational institutions; except that, institutions which are taxable under this chapter (other than by reason of section 511) may not participate in such program. (4) Program period The program established under this subsection shall apply to expenses for academic periods beginning during the 5-year period which begins on the date which is 1 year after the date of the enactment of this subsection. (5) Payments not treated as resources for financial aid Payments made under this subsection shall not be treated as resources for purposes of determining the amount of any financial aid which is funded in whole or part with Federal funds. Payments under the program shall not be made in a manner that would reduce the State, private, or institutional aid available to an eligible student. (6) Notice of program Educational institutions participating in the program established under this subsection shall provide appropriate notices to parents and students of the option of payments under such program. Such notices shall not be considered tax advice for purposes of any Federal law or regulation. (7) Reporting The Secretary of the Treasury and the Secretary of Education shall jointly submit annual reports to Congress on the program established under this subsection, together with any recommendations with respect to such program. . (b) Clerical amendment The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: Sec. 25A. American Opportunity Tax Credit. . (c) Conforming amendments (1) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking 25A(g)(2) and inserting 25A(f)(2) . (2) Paragraph (2) of section 221(d) of such Code is amended— (A) by striking 25A(g)(2) in subparagraph (B) and inserting 25A(f)(2) , and (B) by striking 25A(f)(2) and inserting 25A(e)(3) . (3) Paragraph (3) of section 221(d) of such Code is amended by striking 25A(b)(3) and inserting 25A(e)(1) . (4) Paragraph (1) of section 222(d) of such Code is amended— (A) by striking 25A(f) and inserting 25A(e)(2) , and (B) by striking 25A(g)(2) and inserting 25A(f)(2) . (5) Clause (v) of section 529(c)(3)(B) of such Code is amended— (A) by striking 25A(g)(2) in subclause (I) and inserting 25A(f)(2) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American Opportunity Tax Credit . (6) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking 25A(b)(3) and inserting 25A(e)(1) . (7) Subparagraph (C) of section 530(d)(2) of such Code is amended— (A) by striking 25A(g)(2) in clause (i)(I) and inserting 25A(f)(2) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American Opportunity Tax Credit . (8) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking 25A(g)(2) and inserting 25A(f)(2) . (9) Section 1400O of such Code is amended— (A) by striking 25A(f)(2) and inserting 25A(e)(3) , (B) by inserting (as in effect on the date of the enactment of this section) after 25A(b)(1) in paragraph (2), and (C) by inserting (as in effect on the date of the enactment of this section) after 25A(c)(1) in paragraph (3). (10) Subsection (e) of section 6050S of such Code is amended by striking subsection (g)(2) and inserting subsection (f)(2) . (11) Subparagraph (A) of section 6211(b)(4) of such Code is amended by striking subsection (i)(6) and inserting subsection (g) . (12) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking 25A(g)(1) and inserting 25A(f)(1) . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Expansion of pell grant exclusion from gross income (a) In general Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and inserting received by an individual— (A) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or (B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) (as in effect on the date of the enactment of this subparagraph). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 4. Increased public awareness of american opportunity tax credit The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall establish a taxpayer awareness program to inform the taxpaying public of the availability of the American Opportunity Tax Credit allowed under section 25A of the Internal Revenue Code of 1986. Such public awareness program shall be designed to assure that individuals who may be eligible are informed of the availability of such credit and filing procedures. The Secretary shall use appropriate means of communication to carry out the provisions of this section. The taxpayer awareness program shall include, but not be limited to, prominent display of information about the availability of the American Opportunity Tax Credit on information return forms specified by such Secretary for use by educational institutions to report qualified tuition and related expenses incurred.

https://www.govinfo.gov/content/pkg/BILLS-113hr3437ih/xml/BILLS-113hr3437ih.xml

113-hr-3438

I 113th CONGRESS 1st Session H. R. 3438 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Swalwell of California (for himself, Mr. Simpson , Ms. Lofgren , Ms. Michelle Lujan Grisham of New Mexico , Mr. Ben Ray Luján of New Mexico , Mr. Foster , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to authorize use of grants under the Urban Area Security Initiative and the State Homeland Security Grant Program to work in conjunction with a Department of Energy national laboratory. 1. Short title This Act may be cited as the National Laboratories Mean National Security Act . 2. Use of homeland security grant funds in conjunction with Department of Energy national laboratories Section 2008(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a) ) is amended in the matter preceding paragraph (1) by inserting including by working in conjunction with a National Laboratory (as defined in section 2(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 15801(3) ), after plans, .

https://www.govinfo.gov/content/pkg/BILLS-113hr3438ih/xml/BILLS-113hr3438ih.xml

113-hr-3439

I 113th CONGRESS 1st Session H. R. 3439 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Thompson of California (for himself and Mr. Hall ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the permanent application of the new markets tax credit for the redevelopment of communities impacted by realignment or closure of military installations. 1. Short title This Act may be cited as the New Markets Tax Credit Military Installation Act of 2013 or the NMTC Military Installation Act . 2. Findings Congress finds the following: (1) Since 1988, through 5 separate rounds of the Base Realignment and Closure process, more than 300 military installations located in 48 States and 3 United States territories have had their missions eliminated or realigned. (2) 120 of these former installations were major base closures, resulting in the loss of 300 or more military and civilian jobs at each closure. While these communities received Federal support in the 1990s, there are currently no Federal programs to support the physical redevelopment at closed or realigned installations. (3) Despite local active efforts to promote redevelopment, nearly 100 of these closed or realigned military installations are located in economically distressed communities now suffering from high unemployment and disproportionately high poverty rates as determined by the Department of the Treasury. (4) More than 20 of these former installations are located in even harder hit severely distressed communities as defined by the Department of the Treasury. (5) One example is the City of Vallejo, California, which in 2008 filed for bankruptcy protection due in part to closure of the Mare Island Naval Shipyard and the accompanying loss of almost 10,000 jobs. (6) When a military base is closed, the Department of Defense is required to complete any necessary environmental cleanup at the former base and then transition the property to a Local Redevelopment Authority, usually a local government. Together, the Department of Defense Office of Economic Adjustment and the Local Redevelopment Authority create a redevelopment plan for the property. The goal of this process is to lead to a timely, beneficial, revenue generating reuse of these former military bases. (7) However, numerous former military installations have taken much longer and cost much more than expected to clean up, thereby significantly delaying reuse and causing many of these communities to become or remain economically distressed. (8) In 2000, the New Markets Tax Credit (NMTC) program was created to spur private sector investment in low-income communities suffering from chronic unemployment and high poverty rates by providing investors with a 7-year, 39-percent Federal income tax credit for investments made through investment vehicles known as Community Development Entities. According to the Department of the Treasury, every $1 of foregone tax revenues under the NMTC program leverages about $12 of private investment in distressed communities on a cost basis. (9) Recently, the community in Brunswick, Maine, has been successfully redeveloping the former Naval Air Station located there, by using among other tools the NMTC. In particular, the NMTC was used to build a new, $15 million, 80,000 square foot manufacturing facility operated by Swedish medical supply maker Molnlycke Health Care. A second NMTC was used to make $20 million in renovations of facilities now operated by aircraft manufacturer Kestrel Aeroworks. This latter project could have been 3 times as large had additional NMTC funds been available. These two projects alone will bring over 200 high-tech, high-wage jobs among other significant economic benefits to this economically distressed former military community. (10) Communities surrounding these former military installations still face the difficult challenges of economic redevelopment resulting from the loss of the Federal workforce and the supporting infrastructure associated with the former military missions located there. Focusing part of the successful NMTC to help these communities that are still struggling after the military exodus will help facilitate the economic redevelopment that these distressed communities need. 3. Permanent application of new markets tax credit limitation with respect to communities impacted by realignment or closure of military installations (a) In general Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Special rule for allocation of limitation for redevelopment of communities impacted by realignment or closure of military installations (A) In general Notwithstanding paragraph (1), for calendar year 2014 (and each calendar year thereafter) the Secretary shall allocate $100,000,000 in new markets tax credit limitation among qualified development entities selected by the Secretary to make qualified low-income community investments within the former boundaries of military installations realigned or closed pursuant to a base closure law (as defined in section 101(a)(17) of title 10, United States Code). (B) Qualified development entity mission requirement A qualified community development entity shall be eligible for an allocation under subparagraph (A) only if a significant mission of such entity is the redevelopment of such a military installation. (C) Carryover of unused limitation If the new markets tax credit limitation for any calendar year exceeds the aggregate amount allocated under subparagraph (A) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. . (b) Effective date The amendments made by this section shall apply to allocations after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3439ih/xml/BILLS-113hr3439ih.xml

113-hr-3440

I 113th CONGRESS 1st Session H. R. 3440 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Titus introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate a peak in the State of Nevada as Maude Frazier Mountain. 1. Designation of Maude Frazier Mountain in the State of Nevada (a) In general The peak of Frenchman Mountain located at latitude 36°10′45″ N, by longitude 114°59′52″ W in the State of Nevada shall be known and designated as Maude Frazier Mountain . (b) References Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak referred to in subsection (a) shall be deemed to be a reference to Maude Frazier Mountain .

https://www.govinfo.gov/content/pkg/BILLS-113hr3440ih/xml/BILLS-113hr3440ih.xml

113-hr-3441

I 113th CONGRESS 1st Session H. R. 3441 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Titus introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to expand the Marine Gunnery Sergeant John David Fry scholarship to include spouses of members of the Armed Forces who die in the line of duty, and for other purposes. 1. Short title This Act may be cited as the Spouses of Heroes Education Act . 2. Expansion of Marine Gunnery Sergeant John David Fry scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 of title 38, United States Code, is amended by inserting or spouse after child . (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. ; and (3) in paragraph (4), as redesignated by paragraph (1), by striking that paragraph and inserting paragraph (9) of subsection (b) . (c) Conforming amendment Section 3321(b)(4) of title 38, United States Code, is amended by striking an individual and inserting a child . (d) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3441ih/xml/BILLS-113hr3441ih.xml

113-hr-3442

I 113th CONGRESS 1st Session H. R. 3442 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Titus introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to make grants to eligible non-profit entities to establish clearinghouses for local information about employment opportunities and services for veterans. 1. Department of Veterans Affairs grant program for veterans’ employment and services clearinghouses (a) In general The Secretary of Veterans Affairs shall make grants to 75 eligible entities to be used in accordance with subsection (c). (b) Eligible entities To be eligible to receive a grant under this section an entity shall— (1) be a non-profit organization located in one of 75 cities selected by the Secretary for such purpose; and (2) submit to the Secretary an application containing such information and assurances as the Secretary may require. (c) Selection of cities For purposes of the program under this section, the Secretary shall select the 75 cities in the United States with the largest populations of veterans. (d) Limitation The Secretary may not award a grant under this section to more than one eligible entity located in the same city. (e) Use of funds The recipient of a grant under this section shall use the grant to establish a clearinghouse to serve as a central location for veterans who reside in the city where the recipient is located to receive information about employment opportunities and services available for veterans in that city. (f) Report to Congress Not later than December 31, 2015, the Secretary shall submit to Congress a report containing an assessment of the grant program under this section and any recommendations of the Secretary regarding such program.

https://www.govinfo.gov/content/pkg/BILLS-113hr3442ih/xml/BILLS-113hr3442ih.xml

113-hr-3443

I 113th CONGRESS 1st Session H. R. 3443 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Ms. Titus (for herself, Mr. Hastings of Florida , Mr. Honda , Ms. Sinema , Mr. Ruppersberger , Mr. Delaney , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on Ways and Means and Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles 38 and 37, United States Code, to expand eligibility for certain caregiver services provided by the Secretary of Veterans Affairs, and to modify the Department of Defense special compensation program to make eligible members of the uniformed services with serious injuries or illnesses and to exempt payments of such compensation from taxation, and for other purposes. 1. Short title This Act may be cited as the Streamlining Support for Veterans and Military Caregivers Act . 2. Expansion of eligibility for certain caregiver services provided by the Secretary of Veterans Affairs (a) In general Section 1720G of title 38, United States Code, is amended— (1) by striking family caregiver each place it appears and inserting caregiver ; (2) by striking family caregivers each place it appears and inserting caregivers ; (3) in subsection (a)— (A) in the subsection heading, by striking family ; and (B) in paragraph (2)(B), by inserting or illness after injury ; and (4) in subsection (d)— (A) by striking paragraphs (2) and (3); and (B) by redesignating paragraph (4) as paragraph (2). (b) Conforming amendment Section 1782(c)(2) of such title is amended by striking family caregiver and inserting caregiver . 3. Modification of Department of Defense special compensation to make eligible members of the uniformed services with serious injuries and illness and provide for tax exemption of payments (a) Eligibility (1) In general Section 439 of title 37, United States Code, is amended— (A) in subsection (b)(1), by striking catastrophic and inserting serious ; and (B) in subsection (g)— (i) by striking catastrophic and inserting serious ; and (ii) in the subsection heading, by striking catastrophic and inserting serious . (2) Clerical amendments (A) Section heading The section heading of such section is amended by striking catastrophic and inserting serious . (B) Table of sections The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 439 and inserting the following: 439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living. . (b) Tax exempt status of payments Subsection (a) of such section is amended by adding at the end the following new sentence: Payments of compensation under this section shall be exempt from taxation. . (c) Effective date The amendments made by this section shall apply with respect to payments of special compensation made after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3443ih/xml/BILLS-113hr3443ih.xml

113-hr-3444

I 113th CONGRESS 1st Session H. R. 3444 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Walden (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide flexibility in the manner in which beds are counted for purposes of determining whether a hospital may be designated as a critical access hospital under the Medicare program. 1. Short title This Act may be cited as the Critical Access Hospital Flexibility Act of 2013 . 2. Flexibility in the manner in which beds are counted for purposes of determining whether a hospital may be designated as a critical access hospital under the Medicare program (a) In general Section 1820(c)(2) of the Social Security Act ( 42 U.S.C. 1395i–4(c)(2) ) is amended— (1) in subparagraph (B)(iii), by inserting subject to subparagraph (F), before provides not more ; and (2) by adding at the end the following: (F) Alternative bed number determination (i) 20-bed alternative In the case of a facility that was designated as a critical access hospital before the date of the enactment of the Critical Access Hospital Flexibility Act of 2013, such facility may satisfy the requirement under subparagraph (B)(iii) by providing inpatient care for a period that does not exceed, as determined on an annual, average basis, 96 hours per patient and by— (I) providing not more than 25 acute care inpatient beds (meeting the standards established by the Secretary under such subparagraph); or (II) providing not more than 20 acute care inpatient beds (as determined on an annual, average basis and meeting any applicable standards established by the Secretary under such subparagraph which do not conflict with this subclause). (ii) Occupied beds only In determining the number of beds for purposes of clause (i) and subparagraph (B)(iii), only beds that are occupied shall be counted. . (b) Effective date The amendments made by this section take effect on January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr3444ih/xml/BILLS-113hr3444ih.xml

113-hr-3445

I 113th CONGRESS 1st Session H. R. 3445 IN THE HOUSE OF REPRESENTATIVES October 30, 2013 Mr. Welch (for himself and Mr. Gutiérrez ) 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 disallow deductions for the payment of compensatory and punitive damages to a government, and for other purposes. 1. Short title This Act may be cited as the Stop Deducting Damages Act of 2013 . 2. Treatment of payments of compensatory and punitive damages paid to a government (a) In general Section 162(f) of the Internal Revenue Code of 1986 is amended to read as follows: (f) Damages paid to a government (1) Fines and penalties No deduction shall be allowed under subsection (a) for any fine or similar penalty paid to a government for the violation of any law. (2) Compensatory damages No deduction shall be allowed under this chapter for any amount paid or incurred for compensatory damages in connection with any judgment in, or settlement of, any action against a government. (3) Punitive damages No deduction shall be allowed under this chapter for any amount paid or incurred for punitive damages in connection with any judgment in, or settlement of, any action against a government. This paragraph shall not apply to punitive damages described in section 104(c). . (b) Effective date The amendments made by this section shall apply to damages paid or incurred after October 30, 2013. 3. Inclusion in income of punitive damages paid by insurer or otherwise (a) In general Part II of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 91. Punitive damages compensated by insurance or otherwise Gross income shall include any amount paid to or on behalf of a taxpayer as insurance or otherwise by reason of the taxpayer’s liability (or agreement) to pay punitive damages. . (b) Reporting requirements Section 6041 of such Code is amended by adding at the end the following new subsection: (h) Section To Apply to punitive damages compensation This section shall apply to payments by a person to or on behalf of another person as insurance or otherwise by reason of the other person’s liability (or agreement) to pay punitive damages. . (c) Conforming amendment The table of sections for part II of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 91. Punitive damages compensated by insurance or otherwise. . (d) Effective date The amendments made by this section shall apply to damages paid or incurred after October 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3445ih/xml/BILLS-113hr3445ih.xml

113-hr-3446

I 113th CONGRESS 1st Session H. R. 3446 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Cummings (for himself, Mr. Ellison , Mr. Tierney , Ms. Wilson of Florida , Mr. Polis , Ms. Shea-Porter , Mrs. McCarthy of New York , Mr. Cárdenas , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to amend the process by which students with certain special circumstances apply for Federal financial aid. 1. Short title This Act may be cited as the FAFSA Fairness Act of 2013 . 2. Changes to the FAFSA for certain students Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended— (1) in subsection (h)(1), by inserting the following before the semicolon: , including the special circumstances under which a student may qualify for a determination of independence ; and (2) by adding at the end the following: (i) Provisional Independent Students (1) Requirements for the Secretary The Secretary shall— (A) enable each student who, based on the special circumstance specified in subsection (h)(1), may qualify for an adjustment under section 479A that will result in a determination of independence under such section and section 480(d)(1)(I), to complete the forms developed by the Secretary under subsection (a) as an independent student for the purpose of an initial determination of the student’s Federal financial aid award by a financial aid administrator at an institution of higher education to which the student is applying for financial aid, but subject to verification under paragraph (2)(B) for the purpose of the final determination of the award; and (B) specify, on the forms, the consequences under section 490(a) of knowingly and willfully completing the forms as an independent student under subparagraph (A) without meeting the special circumstances to qualify for such a determination. (2) Requirements for financial aid administrators With respect to a student who completes the forms as an independent student under paragraph (1)(A), a financial aid administrator shall— (A) provide an initial determination of the student’s Federal financial aid award to the student in the same manner as, and by not later than the date that, the administrator provides other independent students their initial determinations of Federal financial aid awards; and (B) in making a final determination of the student’s Federal financial aid award, use the discretion provided under sections 479A and 480(d)(1)(I) to verify whether the student meets the special circumstances to qualify as an independent student. (3) Definition For purposes of this subsection, the term other independent students means students— (A) who meet the definition of independent under section 480(d)(1); and (B) whose independent status is not subject to verification by a financial aid administrator under paragraph (2)(B). .

https://www.govinfo.gov/content/pkg/BILLS-113hr3446ih/xml/BILLS-113hr3446ih.xml

113-hr-3447

I 113th CONGRESS 1st Session H. R. 3447 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Brady of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 5, United States Code, to make clear that Federal employees who receive back pay for a period during which they are furloughed due to a lapse in appropriations may not also receive unemployment compensation for the same period. 1. Short title This Act may be cited as the Furloughed Federal Employee Double Dip Elimination Act . 2. Clarification (a) In general Section 8508 of title 5, United States Code, is amended— (1) by inserting (a) before the first sentence; and (2) by adding at the end the following: (b) The rules and regulations shall include provisions to ensure that, in the case of a Federal employee who receives back pay for a period during which such employee was furloughed due to a lapse in appropriations— (1) such back pay shall be treated in the same way as Federal wages attributable to such employee; and (2) the period to which such back pay relates shall be treated in the same way as a period of Federal service attributable to such employee. . (b) Effective date The amendment made by subsection (a) shall be effective as of September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr3447ih/xml/BILLS-113hr3447ih.xml

113-hr-3448

I 113th CONGRESS 1st Session H. R. 3448 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Duffy (for himself and Mr. Carney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to provide for an optional pilot program allowing certain emerging growth companies to increase the tick sizes of their stocks. 1. Short title This Act may be cited as the Small Cap Liquidity Reform Act of 2013 . 2. Liquidity pilot program for securities of certain emerging growth companies (a) In general Section 11A(c)(6) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78k–1(c)(6) ) is amended to read as follows: (6) Liquidity pilot program for securities of certain emerging growth companies (A) Quoting increment Beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2013 , the securities of a covered emerging growth company shall be quoted using— (i) a minimum increment of $0.05; or (ii) if, not later than 60 days after such date of enactment, the board of directors of the company so elects in the manner described in subparagraph (D)— (I) a minimum increment of $0.10; or (II) the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (B) Trading increment The securities of a covered emerging growth company that are quoted at a minimum increment of $0.05 or $0.10 under this paragraph shall be traded at— (i) such minimum increment; or (ii) such other increment as permitted by the Commission by regulation, as the Commission considers appropriate. (C) Future right to opt out or change minimum increment (i) In general At any time beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2013 , the board of directors of a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph may elect in the manner described in subparagraph (D)— (I) for the securities of such company to be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph; or (II) to change the minimum increment at which the securities of such company are quoted from $0.05 to $0.10 or from $0.10 to $0.05. (ii) When election effective An election under this subparagraph shall take effect on the date that is 30 days after such election is made. (iii) Single election to change minimum increment A covered emerging growth company may not make more than one election under clause (i)(II). (D) Manner of election (i) In general An election is made in the manner described in this subparagraph by informing the Commission and each exchange on which the securities of the covered emerging growth company are quoted or traded. (ii) Consultation In making an election under subparagraph (A)(ii), the board of directors shall first consult with the primary listing market and major shareholders of the covered emerging growth company and with any brokers and dealers that the board of directors considers relevant to the quality of the market for the securities of the company. (E) Issuers ceasing to be covered emerging growth companies (i) In general If an issuer the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph ceases to be a covered emerging growth company, the securities of such issuer shall be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (ii) Exceptions The Commission may by regulation, as the Commission considers appropriate, specify any circumstances under which an issuer shall continue to be considered a covered emerging growth company for purposes of this paragraph after the issuer ceases to meet the requirements of subparagraph (L)(ii). (F) Securities trading below $1 (i) Initial price (I) At effective date If the trading price of the securities of a covered emerging growth company is below $1 at the close of the last trading day before the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2013 , the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (II) At IPO If a covered emerging growth company makes an initial public offering after the day described in subclause (I) and the first share of the securities of such company is offered to the public at a price below $1, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (ii) Average trading price If the average trading price of the securities of a covered emerging growth company falls below $1 for any 90-day period beginning on or after the day before the date of the enactment of the Small Cap Liquidity Reform Act of 2013 , the securities of such company shall, after the end of such period, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (G) Fraud or manipulation If the Commission determines that a covered emerging growth company has violated any provision of the securities laws prohibiting fraudulent, manipulative, or deceptive acts or practices, the securities of such company shall, after the date of the determination, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (H) Ineligibility for increased minimum increment permanent The securities of an issuer may not be quoted at a minimum increment of $0.05 or $0.10 under this paragraph at any time after— (i) such issuer makes an election under subparagraph (A)(ii)(II); (ii) such issuer makes an election under subparagraph (C)(i)(I), except during the period before such election takes effect; or (iii) the securities of such issuer are required by this paragraph to be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. (I) Additional reports and disclosures The Commission shall require a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph to make such reports and disclosures as the Commission considers necessary or appropriate in the public interest or for the protection of investors. (J) Limitation of liability An issuer (or any officer, director, manager, or other agent of such issuer) shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or any contract or other legally enforceable agreement (including any arbitration agreement) for any losses caused solely by the quoting of the securities of such issuer at a minimum increment of $0.05 or $0.10, by the trading of such securities at such minimum increment or such other increment as permitted by the Commission under subparagraph (B)(ii), or by both such quoting and trading, as provided in this paragraph. (K) Report to Congress Not later than 6 months after the date of the enactment of the Small Cap Liquidity Reform Act of 2013 , and every 6 months thereafter, the Commission, in coordination with each exchange on which the securities of covered emerging growth companies are quoted or traded, shall submit to Congress a report on the quoting and trading of securities in increments permitted by this paragraph and the extent to which such quoting and trading are increasing liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support, together with any legislative recommendations the Commission may have. (L) Definitions In this paragraph: (i) Board of directors The term board of directors means a board of directors or any person or persons performing similar functions. (ii) Covered emerging growth company The term covered emerging growth company means an emerging growth company, as defined in the first paragraph (80) of section 3(a), except that— (I) such paragraph shall be applied by substituting $750,000,000 for $1,000,000,000 each place it appears; and (II) subparagraphs (B), (C), and (D) of such paragraph do not apply. . (b) Sunset Effective on the date that is 5 years after the date of the enactment of this Act, section 11A(c)(6) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78k–1(c)(6) ) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr3448ih/xml/BILLS-113hr3448ih.xml

113-hr-3449

I 113th CONGRESS 1st Session H. R. 3449 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Ms. Edwards (for herself, Mr. Levin , Ms. Norton , Ms. Moore , Mr. Moran , Mr. Cárdenas , Ms. DeGette , Mr. Blumenauer , Mr. Dingell , Mr. Price of North Carolina , Mr. Sarbanes , Mr. Rush , Mrs. Napolitano , Mr. Delaney , Ms. Chu , Mr. Honda , Ms. Esty , Ms. Shea-Porter , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish centers of excellence for innovative stormwater control infrastructure, and for other purposes. 1. Short title This Act may be cited as the Innovative Stormwater Infrastructure Act of 2013 . 2. Findings Congress finds that— (1) many water resources in the United States are declining, particularly in urban and agricultural areas; (2) the decline of water resources is the result of— (A) an increase in population, water consumption, and impermeable surfaces; and (B) the negative effects of urbanization, commercial and industrial activities, and increasing and persistent droughts; and (3) an October 2008 study by the National Research Council found that some of the benefits of innovative stormwater control infrastructure include— (A) increased water supplies; (B) the creation of jobs; (C) cost savings; and (D) a reduction of stormwater runoff, surface water discharge, stormwater pollution, and stormwater flows to protect and restore natural hydrology, meeting local conditions to the maximum extent feasible. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Center The term center means a center of excellence for innovative stormwater control infrastructure established under section 4(a). (3) Eligible entity The term eligible entity means— (A) a State, tribal, or local government; or (B) a local, regional, or other entity that manages stormwater, drinking water resources, or waste water resources. (4) Eligible institution (A) In general The term eligible institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), or a research institution, that has demonstrated excellence in innovative stormwater control infrastructure by— (i) conducting research on innovative stormwater control infrastructure to determine the means by which innovative infrastructure reduces stormwater runoff, enhances and protects drinking water sources, and improves water quality; (ii) developing and disseminating information regarding the means by which an organization can use innovative stormwater control infrastructure; (iii) providing technical assistance to an organization for an innovative stormwater control infrastructure project; (iv) developing best practices standards for innovative stormwater control infrastructure; (v) providing job training relating to innovative stormwater control infrastructure; (vi) developing course curricula for— (I) elementary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (II) secondary schools (as defined in that section); (III) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); or (IV) vocational schools; (vii) training students regarding innovative stormwater control infrastructure; or (viii) providing information to the Federal Government or State, tribal, and local governments regarding the implementation of innovative stormwater control infrastructure. (B) Associated definition For purposes of subparagraph (A), the term research institution means an entity that is— (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; (ii) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and (iii) organized and operated for research purposes. (5) Indian tribe The term Indian tribe has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(h) ). (6) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (7) Innovative stormwater control infrastructure (A) In general The term innovative stormwater control infrastructure means any green infrastructure stormwater management technique that— (i) uses natural systems or engineered systems that mimic natural processes to infiltrate, evapotranspire, or capture stormwater; and (ii) preserves, enhances, or mimics natural hydrology to protect or restore water quality. (B) Inclusions The term innovative stormwater control infrastructure includes— (i) methods that promote absorption, uptake, percolation, evapotranspiration, and filtration by soil and plant life; and (ii) the preservation or restoration of— (I) natural topography, including hills, plains, ravines, and shorelines; (II) interconnected networks of natural land that protect essential ecological functions critical for water quality; (III) ecological function, including forests, grasslands, and deserts; (IV) bodies of water, including lakes, flood plains, headwaters, and wetlands; and (V) native soil characteristics of composition, structure, and transmissivity. 4. Centers of Excellence for innovative stormwater control infrastructure (a) Establishment of centers (1) In general The Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for innovative stormwater control infrastructure, to be located in various regions throughout the United States. (2) General operation Each center shall— (A) conduct research on innovative stormwater control infrastructure that is relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, and other environmental, economic, and social benefits; (B) develop manuals and establish industry standards on best management practices relating to State, tribal, local, and commercial innovative stormwater control infrastructure for use by State, tribal, and local governments and the private sector; (C) develop and administer testing and evaluation protocols to measure and verify the performance of stormwater infrastructure products and practices; (D) provide information regarding research conducted under subparagraph (A), manuals developed under subparagraph (B), and testing and evaluation performed under subparagraph (C) to the national electronic clearinghouse center for publication on the Internet website established under subsection (c) to provide to the Federal Government and State, tribal, and local governments and the private sector information regarding innovative stormwater control infrastructure; (E) provide technical assistance to State, tribal, and local governments to assist with the construction, operation, and maintenance of innovative stormwater control infrastructure projects; (F) collaborate with institutions of higher education and private and public organizations in the geographical region in which the center is located on innovative stormwater control infrastructure research and technical assistance projects; (G) assist institutions of higher education, secondary schools, and vocational schools to develop innovative stormwater control infrastructure curricula; (H) provide training regarding innovative stormwater control infrastructure to institutions of higher education and professional schools; (I) evaluate regulatory and policy issues relating to innovative stormwater control infrastructure; and (J) coordinate with the other centers to avoid duplication of efforts. (b) Application To be eligible to receive a grant under this section, an eligible institution shall prepare and submit to the Administrator an application at such a time, in such form, and containing such information as the Administrator may require. (c) National electronic clearinghouse center Of the centers established under subsection (a)(1), 1 shall— (1) be designated as the national electronic clearinghouse center ; and (2) in addition to the other functions of that center— (A) develop, operate, and maintain an Internet website and a public database that contain information relating to innovative stormwater control infrastructure; and (B) post to the website information from all centers. 5. Innovative stormwater control infrastructure project grants (a) Grant authority The Administrator shall provide grants, on a competitive basis, to eligible entities to carry out innovative stormwater control infrastructure projects in accordance with this section. (b) Innovative stormwater control infrastructure projects (1) Planning and development grants The Administrator may make planning and development grants under this section for the following projects: (A) Planning and designing innovative stormwater control infrastructure projects, including engineering surveys, landscape plans, maps, and implementation plans. (B) Identifying and developing standards and revisions to local zoning, building, or other local codes necessary to accommodate innovative stormwater control infrastructure projects. (C) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of innovative stormwater control infrastructure. (D) Developing training and educational materials regarding innovative stormwater control infrastructure for distribution to— (i) individuals and entities with applicable technical knowledge; and (ii) the public. (E) Developing an innovative stormwater control infrastructure portfolio standard program described in section 6(e). (2) Implementation grants The Administrator may make implementation grants under this section for the following projects: (A) Installing innovative stormwater control infrastructure. (B) Protecting or restoring interconnected networks of natural areas that protect water quality. (C) Monitoring and evaluating the environmental, economic, or social benefits of innovative stormwater control infrastructure. (D) Implementing a best practices standard for an innovative stormwater control infrastructure program. (E) Implementing an innovative stormwater control infrastructure portfolio standard program described in section 6(e). (c) Application Except as otherwise provided in this Act, to be eligible to receive a grant under this section, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require, including, as applicable— (1) a description of the innovative stormwater control infrastructure project; (2) a plan for monitoring the impacts of the innovative stormwater control infrastructure project on the water quality and quantity; (3) an evaluation of other environmental, economic, and social benefits of the innovative stormwater control infrastructure project; and (4) a plan for the long-term operation and maintenance of the innovative stormwater control infrastructure project. (d) Additional requirement for innovative stormwater control infrastructure portfolio standard project In addition to an application under subsection (c), a State or Indian tribe applying for a grant for an innovative stormwater control infrastructure portfolio standard program described in section 6(e) shall prepare and submit to the Administrator a schedule of increasing minimum percentages of the annual water to be managed using innovative stormwater control infrastructure under the program. (e) Priority In making grants under this section, the Administrator shall give priority to applications submitted on behalf of— (1) a community that— (A) has combined storm and sanitary sewers in the collection system of the community; or (B) is a low-income or disadvantaged community, as determined by the Administrator; or (2) an eligible entity that will use not less than 10 percent of the grant to provide service to a low-income or disadvantaged community, as determined by the Administrator. (f) Maximum amounts (1) Planning and development grants (A) Single grant The amount of a single planning and development grant provided under this section shall be not more than $200,000. (B) Aggregate amount The total amount of all planning and development grants provided under this section for a fiscal year shall be not more than 1/3 of the total amount made available to carry out this section. (2) Implementation grants (A) Single grant The amount of a single implementation grant provided under this section shall be not more than $3,000,000. (B) Aggregate amount The total amount of all implementation grants provided under this section for a fiscal year shall be not more than 2/3 of the total amount made available to carry out this section. (g) Federal share (1) In general Except as provided in paragraph (3), the Federal share of a grant provided under this section shall not exceed 65 percent of the total project cost. (2) Credit for implementation grants The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this section the cost of planning, design, and construction work completed for the project using funds other than funds provided under this Act. (3) Exception The Administrator may waive the Federal share limitation under paragraph (1) for an eligible entity that has adequately demonstrated financial need. 6. Environmental Protection Agency innovative stormwater control infrastructure promotion (a) In general The Administrator shall ensure that the Office of Water, the Office of Enforcement and Compliance, the Office of Research and Development, and the Office of Policy of the Environmental Protection Agency promote the use of innovative stormwater control infrastructure in and coordinate the integration of innovative stormwater control infrastructure into permitting programs, planning efforts, research, technical assistance, and funding guidance. (b) Duties The Administrator shall ensure that the Office of Water— (1) promotes the use of innovative stormwater control infrastructure in the programs of the Environmental Protection Agency; (2) supports establishing public-private partnerships and other innovative financing mechanisms in the implementation of innovative stormwater control infrastructure; and (3) coordinates efforts to increase the use of innovative stormwater control infrastructure with— (A) other Federal departments and agencies; (B) State, tribal, and local governments; and (C) the private sector. (c) Regional innovative stormwater control infrastructure promotion The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, to promote and integrate the use of innovative stormwater control infrastructure within the region that includes— (1) a plan for monitoring, financing, mapping, and designing the innovative stormwater control infrastructure; (2) outreach and training regarding innovative stormwater control infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and (3) the incorporation of innovative stormwater control infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. (d) Innovative stormwater control infrastructure information-Sharing The Administrator shall promote innovative stormwater control infrastructure information-sharing, including through an Internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public regarding innovative stormwater control infrastructure approaches for— (1) reducing water pollution; (2) protecting water resources; (3) complying with regulatory requirements; and (4) achieving other environmental, public health, and community goals. (e) Innovative stormwater control infrastructure portfolio standard The Administrator, in collaboration with State, tribal, and local water resource managers, shall establish voluntary measurable goals, to be known as the innovative stormwater control infrastructure portfolio standard , to increase the percentage of annual water managed by eligible entities that use innovative stormwater control infrastructure. 7. Report to Congress Not later than September 30, 2015, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report— (1) a description of all grants provided under this Act; (2) a detailed description of— (A) the projects supported by those grants; and (B) the outcomes of those projects; (3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this Act; (4) recommendations for improvements to promote and support innovative stormwater control infrastructure for the centers, grants, and activities under this Act; and (5) a description of existing challenges concerning the use of innovative stormwater control infrastructure. 8. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr3449ih/xml/BILLS-113hr3449ih.xml

113-hr-3450

I 113th CONGRESS 1st Session H. R. 3450 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mrs. Ellmers introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to allow individuals to opt out of the minimum required health benefits by permitting health insurance issuers to offer qualified health plans that offer alternative benefits to the minimum essential health benefits otherwise required, and for other purposes. 1. Short title This Act may be cited as the Health Insurance Freedom Act of 2013 . 2. Permitting health insurance issuers to offer qualified health plans with alternative health benefits so individuals can opt out of minimum essential health benefits (a) In general Section 1301 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 ) is amended— (1) in subsection (a)(1)(B), by inserting subject to paragraph (3), after (B) ; and (2) by adding at the end the following new paragraph: (3) Permitting alternative benefits (A) In general Notwithstanding subsection (a)(1)(B) or any other provision of this Act, a health insurance issuer may offer, both through an Exchange and outside of an Exchange, health insurance coverage that— (i) provides the essential health benefits package described in subsection (a) of section 1302, other than the minimum benefits required under subsection (b) of such section and the level of coverage required under subsection (c) of such section; and (ii) meets such Federal and State benefit requirements as otherwise applied as of October 1, 2013, in the State in which the coverage is offered. (B) Treatment (i) In general Except as provided in paragraph (2), health insurance coverage that is offered under paragraph (1) shall be treated as a qualified health plan for purposes of this Act (and the amendments made by this Act), including constituting minimum essential coverage for purposes of section 5000A(f)(1) of the Internal Revenue Code of 1986. (ii) Not eligible for subsidies; not treated as a bronze, silver, gold, or platinum plan Such health insurance coverage shall not— (I) be treated as a qualified health plan for purposes of applying section 36B of the Internal Revenue Code of 1986 and section 1402 of this Act; and (II) be treated as a bronze, silver, gold, or platinum plan or be taken into account in applying section 36B(b)(3)(B) of such Code. . (b) Effective date The amendments made by subsection (a) shall be effective as if included in the enactment of the Patient Protection and Affordable Care Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3450ih/xml/BILLS-113hr3450ih.xml

113-hr-3451

I 113th CONGRESS 1st Session H. R. 3451 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Garcia introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Transportation and Infrastructure , the Judiciary , and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Veterans Affairs to establish a veterans conservation corps, and for other purposes. 1. Short title This Act may be cited as the Veterans Conservation Corps Act of 2013 . 2. Veterans Conservation Corps (a) Establishment (1) In general The Secretary of Veterans Affairs shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Interior, the Chief Executive Officer of the Corporation for National and Community Service, and the Chief of Engineers, establish a veterans conservation corps to assist veterans in the transition from service in the Armed Forces to civilian life and to employ veterans— (A) in conservation, resource management, firefighting, law enforcement, and historic preservation projects on public lands and maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (B) as firefighters, law enforcement officers, and disaster relief personnel. (2) Veteran eligibility To be eligible to participate in the veterans conservation corps, a veteran shall be unemployed. (b) Conservation, resource management, historic preservation, and cemetery maintenance and improvement projects (1) In general As part of the veterans conservation corps, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Chief Executive Officer of the Corporation for National and Community Service, and the Chief of Engineers shall— (A) employ veterans to carry out projects described in subsection (a)(1); and (B) award grants to, or enter into contracts with, State governments, local governments, or nongovernmental entities to employ veterans to carry out projects described in subsection (a)(1). (2) Priority In employing or awarding grants or contracts to employ veterans under this subsection, the Secretaries referred to in paragraph (1) and the Chief of Engineers shall give priority towards the employment of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (3) Coordination The Secretary of Veterans Affairs shall coordinate the activities of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Chief Executive Officer of the Corporation for National and Community Service, and the Chief of Engineers to employ veterans as part of the veterans conservation corps. (4) Oversight of projects The Secretaries referred to in paragraph (1) and the Chief of Engineers shall each provide oversight of the projects for which they employ veterans under subparagraph (A) of such paragraph or award grants or enter into contracts under subparagraph (B) of such paragraph. (c) First responders (1) Firefighters As part of the veterans conservation corps, the Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ) to hire veterans as firefighters. (2) Law enforcement officers As part of the veterans conservation corps, the Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ) to hire veterans as law enforcement officers. (3) Disaster relief personnel As part of the veterans conservation corps, the Secretary of Homeland Security shall provide funds to increase participation by veterans in the FEMA Corps program, which is a partnership between the Corporation for National and Community Service and the Federal Emergency Management Agency. (4) Priority In awarding grants or providing funds under this subsection to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Assistance (1) In general The Secretary of Veterans Affairs may provide assistance to the Secretaries referred to in subsection (a), the Attorney General, the Chief of Engineers, and the Chief Executive Officer to carry out the veterans conservation corps. Such assistance may take the form of a transfer under paragraph (2). (2) Transfers Except as otherwise provided in this subsection, of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section, the Secretary of Veterans Affairs may transfer such amounts as the Secretary considers appropriate to carry out the veterans conservation corps to the following: (A) The Attorney General. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of Homeland Security. (E) The Secretary of the Interior. (F) The Corporation for National and Community Service. (G) The Chief of Engineers. (3) Assistance for conservation, resource management, historic preservation, and cemetery maintenance and improvement projects (A) Application If a Secretary referred to in subsection (b)(1) or the Chief of Engineers or the Chief Executive Officer seeks assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection, such Secretary or the Chief of Engineers shall submit to the Secretary of Veterans Affairs an application therefor at such time, in such manner, and containing such information as the Secretary of Veterans Affairs may require. (B) Selection The Secretary of Veterans Affairs shall, in consultation with the steering committee established under subparagraph (C), award assistance under this paragraph in accordance with such criteria as the steering committee establishes. (C) Steering committee (i) In general The Secretary of Veterans Affairs shall establish a steering committee— (I) to establish selection criteria for the awarding of assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection; and (II) to provide the Secretary of Veterans Affairs with advice on awarding assistance under this subsection with respect to projects described in subsection (a)(1) and carrying out the requirements of the veterans conservation corps under subsection (b). (ii) Composition The steering committee shall be composed of the following: (I) The Secretary of Veterans Affairs. (II) The Secretary of Agriculture. (III) The Secretary of Commerce. (IV) The Secretary of the Interior. (V) The Corporation for National and Community Service. (VI) The Chief of Engineers. (iii) Chairperson The chairperson of the steering committee shall be the Secretary of Veterans Affairs. (iv) Advisory input The Secretary of Defense, the Secretary of Labor, and the Chief Executive Officer of the Corporation for National and Community Service may provide advice to the steering committee. (4) Assistance for first responders Not more than 10 percent of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section may be transferred to the Attorney General and the Secretary of Homeland Security to employ veterans under subsection (c). (e) Reporting framework The Secretary of Veterans Affairs shall establish a reporting framework to regularly monitor and evaluate the veterans conservation corps to ensure proper oversight and accountability of the veterans conservation corps. (f) Outreach The Secretary of Veterans Affairs shall ensure that veterans employed under the veterans conservation corps are aware of benefits and assistance available to them under laws administered by the Secretary of Veterans Affairs. (g) Donations The Secretary of Veterans Affairs may solicit, accept, hold, administer, use, and dispose of, in furtherance of the purpose of this Act, donations of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise. Donations accepted under this subparagraph shall be used as nearly as possible in accordance with the terms, if any, of such donation. (h) Authorization of appropriations (1) In general There is available without further appropriation to the Secretary of Veterans Affairs to carry out this section, $600,000,000 for the period of fiscal years 2014 through 2018. (2) Limitation Of amounts appropriated or otherwise made available to carry out this section, not more than five percent may be spent to administer the veterans conservation corps. (i) Definition of veteran In this section, the term veteran has the meaning given the term in section 101 of title 38, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr3451ih/xml/BILLS-113hr3451ih.xml

113-hr-3452

I 113th CONGRESS 1st Session H. R. 3452 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Higgins introduced the following bill; which was referred to the Committee on the Judiciary A BILL To decrease the frequency of sports blackouts, to require the application of the antitrust laws to Major League Baseball, and for other purposes. 1. Short title This Act may be cited as the Furthering Access and Networks for Sports Act or the FANS Act . 2. Definition In this Act, the term Sports Broadcasting Act of 1961 means the Act of September 30, 1961 ( 15 U.S.C. 1291 et seq. ). 3. Amendments to the Sports Broadcasting Act of 1961 (a) Elimination of antitrust exemption for sports blackouts during retransmission consent negotiations Section 1 of the Sports Broadcasting Act of 1961 ( 15 U.S.C. 1291 ) is amended by adding at the end the following: The antitrust exemption established under this section shall not apply to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )), when such removal occurs during or is related to a negotiation regarding carriage of the games of such league by the multichannel video programming distributor. . (b) Elimination of antitrust exemption for local sports blackouts Section 2 of the Sports Broadcasting Act of 1961 ( 15 U.S.C. 1292 ) is amended by striking , except within the home territory of a member club of the league on a day when such club is playing a game at home . (c) Availability of games over the Internet where not otherwise available on television The Sports Broadcasting Act of 1961 is amended— (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. (a) The antitrust exemption established under section 1 of this Act shall not apply to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not make a sponsored telecast of a covered game available to consumers, for a fee or otherwise, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. (b) For purposes of this section— (1) the term covered game means a game that— (A) is played in the home territory of a member club of a league described in subsection (a); and (B) is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor; (2) the term multichannel video programming distributor has the meaning given the term in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 ); (3) the term television broadcast station has the meaning given the term in section 325(b)(7) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(7) ); and (4) the term Internet platform means a delivery mechanism that uses packet-switched protocol or any successor technology. . 4. Application of the antitrust laws to professional major league baseball Section 27 of the Clayton Act ( 15 U.S.C. 26b ) is amended— (1) in subsection (a)— (A) by striking subsections (b) through (d) and inserting subsections (b) and (c) ; and (B) by striking directly relating to or affecting employment of major league baseball players to play baseball at the major league level ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking , any conduct, acts, practices or agreements that do not directly relate to or affect employment of major league baseball players to play baseball at the major league level, including but not limited to ; (B) in paragraph (3)— (i) by inserting or before franchise ownership ; and (ii) by striking , the relationship and all that follows through collectively ; (C) by striking paragraph (4); and (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (3) by striking subsection (c); and (4) by redesignating subsection (d) as subsection (c). 5. Effective date; applicability The amendments made by this Act shall— (1) take effect on the date of enactment of this Act; and (2) apply to any contract or agreement entered into or modified by a league subject to the requirements of the Sports Broadcasting Act of 1961 on or after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr3452ih/xml/BILLS-113hr3452ih.xml

113-hr-3453

I 113th CONGRESS 1st Session H. R. 3453 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Horsford introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Armed Services , Oversight and Government Reform , the Judiciary , and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the VOW to Hire Heroes Act of 2011, to provide assistance to small businesses owned by veterans, to improve enforcement of employment and reemployment rights of members of the uniformed services, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Putting Our Veterans Back to Work Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Renewing our vow to hire heroes Sec. 101. Reauthorization of veterans retraining assistance program. Sec. 102. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses. Sec. 103. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law. Sec. 104. Reauthorization of collaborative veterans' training, mentoring, and placement program. TITLE II—Building on our vow to hire heroes Sec. 201. Unified employment portal for veterans. Sec. 202. Grants to hire veterans as first responders. Sec. 203. Employment of veterans as evaluation factor in the awarding of Federal contracts. TITLE III—Improving employment and reemployment rights of members of the uniformed services Sec. 301. Enforcement of rights of members of uniformed services with respect to States and private employers. Sec. 302. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services. Sec. 303. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies. Sec. 304. Issuance and service of civil investigative demands by Attorney General. I Renewing our vow to hire heroes 101. Reauthorization of veterans retraining assistance program (a) Extension Subsection (k) of section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 ; 38 U.S.C. 4100 note) is amended by striking March 31, 2014 and inserting March 31, 2016 . (b) Number of eligible veterans Subsection (a)(2) of such section is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (C) 50,000 during the period beginning April 1, 2014, and ending March 31, 2015; and (D) 50,000 during the period beginning April 1, 2015, and ending March 31, 2016. . (c) Clarification of limitation on aggregate amount of assistance Subsection (b) of such section is amended by striking up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs and inserting an aggregate of not more than 12 months of retraining assistance provided by the Secretary of Veterans Affairs under this section . 102. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses (a) In general Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181 ; 10 U.S.C. 1071 note) is amended by striking December 31, 2014 and inserting December 31, 2016 . (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act. (2) Appropriate committees of congress In this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. 103. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law Section 3102(b)(4) of title 38, United States Code, is amended by striking March 31, 2014 and inserting March 31, 2016 . 104. Reauthorization of collaborative veterans' training, mentoring, and placement program Subsection (e) of section 4104A of title 38, United States Code, is amended to read as follows: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (1) $4,500,000 for the period consisting of fiscal years 2012 and 2013. (2) $4,500,000 for the period consisting of fiscal years 2014 and 2015. . II Building on our vow to hire heroes 201. Unified employment portal for veterans Section 4105 of title 38, United States Code is amended by adding at the end the following: (c) (1) The Secretary shall develop a single, unified Federal web-based employment portal, for use by veterans, containing information regarding all Federal programs and activities concerning employment, unemployment, and training to the extent the programs and activities affect veterans. (2) The Secretary shall work with representatives from the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and other Federal agencies and organizations concerned with veterans' issues, to determine an appropriate platform and implementing agency for the portal. The Secretary shall enter into an agreement with the other Federal agencies for the implementation of the portal. . 202. Grants to hire veterans as first responders (a) Grants for firefighters The Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ) to hire veterans as firefighters. (b) Grants for law enforcement officers The Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ) to hire veterans as law enforcement officers. (c) Priority In awarding grants under this section to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2011. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $250,000,000. 203. Employment of veterans as evaluation factor in the awarding of Federal contracts (a) Civilian contracts (1) In general Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section: 3313. Employment of veterans as evaluation factor The head of each executive agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 3312 the following new item: 3313. Employment of veterans as evaluation factor. . (b) Defense contracts (1) In general Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: 2338. Employment of veterans as evaluation factor The head of each agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least five percent of the contractor's workforce. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2337 the following new item: 2338. Employment of veterans as evaluation factor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of section 3313 of title 41, United States Code, and section 2338 of title 10, United States Code, as added by subsections (a) and (b), respectively. III Improving employment and reemployment rights of members of the uniformed services 301. Enforcement of rights of members of uniformed services with respect to States and private employers (a) Action for relief Subsection (a) of section 4323 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) by striking appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and ; (B) by striking for such person ; (C) by striking the fourth sentence; and (D) by adding at the end the following: The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e). ; (2) by striking paragraph (2) and inserting the following new paragraph (2): (2) (A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— (i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and (ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. (B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. ; (3) by redesignating paragraph (3) as paragraph (4); (4) by inserting after paragraph (2) the following new paragraph (3): (3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter. ; and (5) in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C): (C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph. . (b) Standing Subsection (f) of such section is amended to read as follows: (f) Standing An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a). . (c) Conforming amendment Subsection (h)(2) of such section is amended by striking under subsection (a)(2) and inserting under paragraph (1) or (4) of subsection (a) . 302. Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services (a) In general Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: 4328. Suspension, termination, or debarment of contractors (a) Grounds for suspension, termination, or debarment Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter. (b) Effect of debarment A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed five years. . (b) Clerical amendment The table of sections at the beginning of chapter 43 of such title is amended by inserting after the item relating to section 4327 the following new item: 4328. Suspension, termination, or debarment of contractor. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 of title 38, United States Code, as added by subsection (a). (d) Effective date Section 4328 of title 38, United States Code, as added by subsection (a), shall apply with respect to failures and refusals to comply with provisions of chapter 43 of such title occurring on or after the date of the enactment of this Act. (e) Annual report Section 4332(a) of such title is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): (10) The number of suspensions, terminations, and debarments under section 4328 of this title, disaggregated by the agency or department imposing the suspension or debarment. . 303. Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies Section 4324 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) (1) In order to carry out the Special Counsel’s responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies. (2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel. (3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 of title 5. . 304. Issuance and service of civil investigative demands by Attorney General (a) In general Section 4323 of title 38, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): (i) Issuance and service of civil investigative demands (1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) The provisions of section 3733 of title 31 governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733— (A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter; (B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath; (C) the definitions relating to false claims law shall not apply; and (D) provisions relating to qui tam relators shall not apply. . (b) Effective date Subsection (i) of such section, as added by subsection (a)(2), shall take effect on the date of the enactment of this Act and shall apply with respect to violations of chapter 43 of such title alleged to have occurred on or after such date. (c) Annual reports Section 4332(b)(2) of such title is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; and (2) by adding at the end the following new subparagraph: (B) Annual supplement on civil investigative demands (i) In general The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) of this title during the most recently completed fiscal year. (ii) Elements Each report submitted under clause (i) shall include the following for the fiscal year covered by the report: (I) The number of times that a civil investigative demand was issued under section 4323(i) of this title. (II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3453ih/xml/BILLS-113hr3453ih.xml

113-hr-3454

I 113th CONGRESS 1st Session H. R. 3454 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Kingston 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 III of the Social Security Act to require a substance abuse risk assessment and targeted drug testing as a condition for the receipt of unemployment benefits, and for other purposes. 1. Short title This Act may be cited as the Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act . 2. Drug screening made a condition of benefit receipt (a) In general Section 303(l) of the Social Security Act ( 42 U.S.C. 503(l) ) is amended to read as follows: (l) (1) For purposes of subsection (a), the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note)) of a State shall provide the following: (A) No regular compensation may be paid to an applicant for such compensation with respect to a benefit year unless, before the receipt of any such compensation— (i) the applicant has completed a substance abuse risk assessment for such benefit year; and (ii) subject to subparagraph (B), if the State determines based on the results of such assessment that the applicant is a high-risk applicant, not later than 1 week after the results of the assessment are determined, the applicant tests negative for controlled substances. (B) If a high-risk applicant tests positive for any controlled substance— (i) if such test result is the first positive test result for such applicant in the benefit year— (I) no regular compensation may be paid to such applicant for a period of 30 days beginning on the date that such test result is determined; and (II) no regular compensation may be paid to such applicant during the remainder of such benefit year unless the applicant tests negative for controlled substances at the end of such period; (ii) if such test result is not the first positive test result for such applicant in the benefit year, no regular compensation may be paid to such applicant during the remainder of such benefit year. (C) A high-risk applicant receiving benefits with respect to a benefit year shall be subject to testing for controlled substances by the State at any time during the benefit year, with limited notice provided to the applicant of such testing. (D) A high-risk applicant who is tested for controlled substances under— (i) subparagraph (A) or (C) shall be responsible for the cost of such test if the individual tests positive for any such substance; and (ii) subparagraph (B)(i)(II) shall be responsible for the cost of such test. (2) For purposes of this subsection— (A) the term benefit year means the benefit year as defined in the applicable State law; (B) the term controlled substance — (i) means a drug or other substance selected by the State to be included in drug testing under this subsection; and (ii) does not include any drug or other substance used by the applicant pursuant to a valid prescription or as otherwise authorized by law; (C) the term high-risk applicant , with respect to a benefit year, means an individual who is determined by the State to have a high risk of substance abuse based on the results of a substance abuse risk assessment administered under paragraph (1)(A)(i); and (D) the term substance abuse risk assessment means a screening instrument, approved by the Director of the National Institutes of Health, designed to determine whether an individual has a high risk of substance abuse. . (b) No merit staffing requirements Section 303(a)(1) of the Social Security Act ( 42 U.S.C. 503(a)(1) ) shall not be construed in such a manner as to apply the merit staffing requirements in section 900.603 of title 5, Code of Federal Regulations, as in effect on October 1, 2011, to the implementation of section 303(l) of such Act (as amended by subsection (a)). (c) Funding for substance abuse testing (1) Funding from IPAB Section 1899A(m) of the Social Security Act of the Social Security Act is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking to the Board to carry and inserting for the purposes of carrying out section 303(l), and, if any funds remain in the fiscal year involved, for the Board for the purpose of carrying ; and (B) by striking paragraph (2). (2) Funding from the CO-OP program Section 1322(g) of the Patient Protection and Affordable Care Act is amended by striking to carry out this section. and inserting to carry out section 303(l) of the Social Security Act, to the extent funds are necessary to carry out such section after the application of section 1899A(m)(1) of such Act. . (d) Effective date (1) In general Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Delay permitted if legislation pending If a State applies to the Secretary of Labor to delay implementation of the requirements of section 303(l) of the Social Security Act ( 42 U.S.C. 503(l) ) on the grounds that legislation to implement such requirements is pending in the State legislature on the date that is 180 days after the date of the enactment of this Act, the Secretary shall not refuse certification for payment to the State under section 302 of such Act solely on the basis of the failure of the State to implement such requirements before such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr3454ih/xml/BILLS-113hr3454ih.xml

113-hr-3455

I 113th CONGRESS 1st Session H. R. 3455 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 201 East Pikes Peak Avenue in Colorado Springs, Colorado, as the Chaplain (Capt.) Dale Goetz Memorial Post Office Building . 1. Chaplain (Capt.) Dale Goetz Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 201 East Pikes Peak Avenue in Colorado Springs, Colorado, shall be known and designated as Chaplain (Capt.) Dale Goetz Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Chaplain (Capt.) Dale Goetz Memorial Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr3455ih/xml/BILLS-113hr3455ih.xml

113-hr-3456

I 113th CONGRESS 1st Session H. R. 3456 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Ms. Schwartz (for herself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to improve the enrollment of veterans in certain courses of education, and for other purposes. 1. Priority enrollment for veterans in certain courses of education (a) In general Chapter 36 of title 38, United States Code, is amended by inserting after section 3680A the following new section: 3680B. Priority enrollment in certain courses (a) In general With respect to an educational assistance program provided for in chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 or 1607 of title 10, if an educational institution administers a priority enrollment system that allows certain students to enroll in courses earlier than other students, the Secretary or a State approving agency may not approve a program of education offered by such institution unless such institution allows a covered individual to enroll in courses at the earliest possible time pursuant to such priority enrollment system. (b) Covered individual defined In this section, the term covered individual means an individual using educational assistance under chapter 30, 31, 32, 33, or 35 of this title or chapter 1606 or 1607 of title 10, including— (1) a veteran; (2) a member of the Armed Forces serving on active duty or a member of a reserve component (including the National Guard); (3) a dependent to whom such assistance has been transferred pursuant to section 3319 of this title; and (4) any other individual using such assistance. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3680A the following new item: 3680B. Priority enrollment in certain courses. .

https://www.govinfo.gov/content/pkg/BILLS-113hr3456ih/xml/BILLS-113hr3456ih.xml