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113-hr-3457 | I 113th CONGRESS 1st Session H. R. 3457 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize an additional district judgeship for the district of Idaho.
1. District judgeship for the district of Idaho (a) In general The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho. (b) Technical and conforming amendment In order that the table contained in section 133(a) of title 28, United States Code, will reflect the change in the number of judgeships authorized by subsection (a), such table is amended by striking the item relating to Idaho and inserting the following: Idaho 3 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3457ih/xml/BILLS-113hr3457ih.xml |
113-hr-3458 | I 113th CONGRESS 1st Session H. R. 3458 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Ms. Slaughter introduced the following bill; which was referred to the Committee on Ways and Means A BILL To treat payments by charitable organizations with respect to certain firefighters as exempt payments.
1. Short title This Act may be cited as the Fallen Firefighters Assistance Tax Clarification Act of 2013 . 2. Payments by charitable organizations with respect to certain firefighters treated as exempt payments (a) In general For purposes of the Internal Revenue Code of 1986, payments made to— (1) any firefighter who was injured as a result of the ambush of firefighters responding to an emergency on December 24, 2012, in Webster, New York, (2) the spouse of any firefighter who died as a result of such ambush, or (3) any dependent (as defined in section 152 of such Code) of any firefighter who died as a result of such ambush, by an organization described in paragraph (1) or (2) of section 509(a) of such Code shall be treated as related to the purpose or function constituting the basis for such organization’s exemption under section 501 of such Code if such payments are made in good faith using a reasonable and objective formula which is consistently applied. (b) Application Subsection (a) shall apply only to payments made on or after December 24, 2012, and before the later of— (1) January 1, 2014, or (2) the date which is 30 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3458ih/xml/BILLS-113hr3458ih.xml |
113-hr-3459 | I 113th CONGRESS 1st Session H. R. 3459 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Ms. Speier (for herself, Mr. Meehan , Ms. McCollum , Ms. Brownley of California , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for preliminary hearings on alleged offenses under the Uniform Code of Military Justice.
1. Short title This Act may be cited as the Article 32 Reform Act . 2. Preliminary hearings on alleged offenses under the Uniform Code of Military Justice (a) Preliminary hearings (1) In general Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended to read as follows: 832. Art. 32. Preliminary hearing (a) (1) No charge or specification may be referred to a general court-martial for trial until a judge advocate described in paragraph (2) conducts a preliminary hearing. (2) A judge advocate may conduct a preliminary hearing if the judge advocate has a grade equal to or higher than the grade of the trial counsel and, if the accused is represented by military counsel, the defense counsel who will represent the accused at the preliminary hearing. (3) The preliminary hearing shall be limited to the purpose of determining whether there is probable cause to believe an offense has been committed and whether the accused committed it. (4) After conducting the preliminary hearing, the judge advocate conducting the preliminary hearing shall prepare a report that includes the following: (A) A determination as to court-martial jurisdiction over the offense and the accused. (B) A determination as to probable cause. (C) A consideration of the form of charges. (D) A recommendation as to the disposition which should be made of the case. (b) (1) The accused shall be advised of the charges against the accused and of the accused's right to be represented by counsel at the preliminary hearing. The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section. (2) At the preliminary hearing, the accused may cross-examine adverse witnesses if they are available. The accused may offer evidence and call witnesses relevant to the probable cause determination. An objection to evidence on the ground that it was unlawfully acquired may be noted as part of the record. (3) A victim of the offense may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing. (4) The presentation of evidence and examination of witnesses at a preliminary hearing shall be limited to the question of probable cause. (c) Any preliminary hearing under this section shall be recorded by a court reporter or by a suitable recording device. A copy of the recording and a transcript shall be provided to any party, and the victim of the offense and counsel of such victim, upon request. (d) The requirements of this section are binding on all persons administering this chapter but failure to follow them does not constitute jurisdictional error. . (2) Clerical amendment The table of sections at the beginning of subchapter VI of chapter 47 of such title (the Uniform Code of Military Justice) is amended by striking the item relating to section 832 (article 32) and inserting the following new item: 832. Art. 32. Preliminary hearing. . (b) Conforming amendments (1) Section 834(a)(2) of such title (article 34(b)(2) of the Uniform Code of Military Justice) is amended by striking the report of investigation and inserting the report of the preliminary hearing . (2) Section 838(b)(1) of such title (article 38(b)(1) of the Uniform Code of Military Justice) is amended by striking an investigation and inserting a preliminary hearing . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act, and shall apply with respect to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that occur on or after such effective date. | https://www.govinfo.gov/content/pkg/BILLS-113hr3459ih/xml/BILLS-113hr3459ih.xml |
113-hr-3460 | I 113th CONGRESS 1st Session H. R. 3460 IN THE HOUSE OF REPRESENTATIVES November 12, 2013 Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources , 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 Mineral Leasing Act to require that a portion of revenues from new Federal mineral and geothermal leases be paid to States for use to supplement the education of students in kindergarten through grade 12 and public support of institutions of higher education, and for other purposes.
1. Short title This Act may be cited as the Education and Energy Act of 2013 . 2. Use of revenues from new Federal mineral and geothermal leases for payments to State for education Section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191 ) is amended by inserting (1) before the first sentence, and by adding at the end the following new paragraph: (2) (A) Of amounts otherwise required under paragraph (1) to be deposited into the general fund of the Treasury each fiscal year that are derived from leases for tracts located in a State, the Secretary shall pay to the State 33 percent for use to supplement the education of students in kindergarten through grade 12 and to supplement public support of institutions of higher education. (B) Of the amounts otherwise required under paragraph (1) to be deposited into the general fund of the Treasury each fiscal year that are not required to be used for payments under subparagraph (A) of this paragraph, the Secretary shall pay to States, in equal amounts, 17 percent for use to supplement the education of students in kindergarten through grade 12 and to supplement public support of institutions of higher education. (C) Subparagraphs (A) and (B) shall apply only with respect to amounts that— (i) are received by the United States under leases entered into under this Act and the Geothermal Steam Act of 1970 after the date of enactment of the Education and Energy Act of 2013 ; and (ii) exceed the amount of revenues that the Congressional Budget Office previously estimated would be received under such leases in the fiscal year. (D) Subparagraphs (A) and (B) shall not apply with respect to amounts required by paragraph (1) to be paid into, reserved, appropriated, as part of the reclamation fund. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3460ih/xml/BILLS-113hr3460ih.xml |
113-hr-3461 | I 113th CONGRESS 1st Session H. R. 3461 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. George Miller of California (for himself and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To support early learning.
1. Short title This Act may be cited as the Strong Start for America’s Children Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—PREKINDERGARTEN ACCESS Subtitle A—Access to Voluntary Prekindergarten for Low- and Moderate-Income Families Sec. 111. Purposes. Sec. 112. Definitions. Sec. 113. Program authorization. Sec. 114. Allotments and reservations of funds. Sec. 115. State eligibility criteria. Sec. 116. State applications. Sec. 117. State use of funds. Sec. 118. Additional prekindergarten services. Sec. 119. Performance measures and targets. Sec. 120. Matching requirements. Sec. 121. Eligible local entity applications. Sec. 122. Required subgrant activities. Sec. 123. Report and evaluation. Sec. 124. Prohibition of required participation or use of funds for assessments. Sec. 125. Coordination with Head Start programs. Sec. 126. Technical assistance in program administration. Sec. 127. Authorization of appropriations. Subtitle B—Prekindergarten Development Grants Sec. 151. Prekindergarten development grants. Title II—EARLY LEARNING QUALITY PARTNERSHIPS Sec. 201. Purposes. Sec. 202. Early Learning Quality Partnerships. Title III—CHILD CARE Sec. 301. State plan. Sec. 302. Authorization of appropriations. Title IV—MATERNAL, INFANT, AND EARLY CHILDHOOD HOME VISITING PROGRAM Sec. 401. Sense of the House of Representatives. I PREKINDERGARTEN ACCESS A Access to Voluntary Prekindergarten for Low- and Moderate-Income Families 111. Purposes The purposes of this subtitle are to— (1) establish a Federal-State partnership to provide access to high-quality public prekindergarten programs for all children from low-income and moderate-income families to ensure that they enter kindergarten prepared for success; (2) broaden participation in such programs to include children from additional middle-class families; and (3) promote access to high-quality kindergarten, and high-quality early childhood education programs and settings for children. 112. Definitions In this subtitle: (1) Child with a disability The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (2) Comprehensive early learning assessment system The term comprehensive early learning assessment system — (A) means a coordinated and comprehensive system of multiple assessments, each of which is valid and reliable for its specified purpose and for the population with which it will be used, that— (i) organizes information about the process and context of young children’s learning and development to help early childhood educators make informed instructional and programmatic decisions; and (ii) conforms to the recommendations of the National Research Council reports on early childhood; and (B) includes, at a minimum— (i) child screening measures; (ii) child formative assessments; (iii) measures of environmental quality; and (iv) measures of the quality of adult-child interactions. (3) Dual language learner The term dual language learner means an individual who is limited English proficient. (4) Early childhood education program The term early childhood education program has the meaning given the term under section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (5) Elementary school The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Eligibility determination date The term eligibility determination date means the date used to determine eligibility for public elementary school in the community in which the eligible local entity involved is located. (7) Eligible local entity The term eligible local entity means— (A) a local educational agency, including— (i) a charter school or a charter management organization that acts as a local educational agency; or (ii) an educational service agency in partnership with a local educational agency; (B) an entity that carries out an early childhood education program; or (C) a consortium of entities described in subparagraph (A) or (B). (8) Full-day The term full-day means a day that is— (A) equivalent to a full school day at the public elementary schools in a State; and (B) not less than 5 hours a day. (9) High-quality prekindergarten program The term high-quality prekindergarten program means a prekindergarten program supported by an eligible local entity that includes, at a minimum, the following elements based on nationally recognized standards: (A) Serves children who— (i) are age 4 or children who are age 3 or 4, by the eligibility determination date (including children who turn age 5 while attending the program); or (ii) have attained the legal age for State-funded prekindergarten. (B) Requires high qualifications for staff, including that teachers meet the requirements of 1 of the following clauses: (i) The teacher has a bachelor’s degree in early childhood education or a related field with coursework that demonstrates competence in early childhood education. (ii) The teacher— (I) has a bachelor’s degree in any field; (II) has demonstrated knowledge of early childhood education by passing a State-approved assessment in early childhood education; (III) while employed as a teacher in the prekindergarten program, is engaged in on-going professional development in early childhood education for not less than 2 years; and (IV) not more than 3 years after starting employment as a teacher in the prekindergarten program, enrolls in and completes a State-approved educator preparation program in which the teacher receives training and support in early childhood education. (iii) The teacher has bachelor’s degree with a credential, license, or endorsement that demonstrates competence in early childhood education. (C) Maintains an evidence-based maximum class size. (D) Maintains an evidence-based child to instructional staff ratio. (E) Offers a full-day program. (F) Provides developmentally appropriate, evidence-based curricula and learning environments that are aligned with the State’s early learning and development standards described in section 115(1). (G) Offers instructional staff salaries comparable to kindergarten through grade 12 teaching staff. (H) Provides for ongoing monitoring and program evaluation to ensure continuous improvement. (I) Offers accessible comprehensive services for children that include, at a minimum— (i) screenings for vision, dental, health (including mental health), and development and referrals, and assistance obtaining services, when appropriate; (ii) family engagement opportunities that take into account home language, such as parent conferences (including parent input about their child’s development) and support services, such as parent education; (iii) nutrition services, including nutritious meals and snack options aligned with requirements set by the most recent Child and Adult Care Food Program guidelines promulgated by the Department of Agriculture as well as regular, age-appropriate, nutrition education for children and their families; (iv) programs coordinated with local educational agencies and entities providing programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (v) physical activity programs aligned with evidence-based guidelines, such as those recommended by the Institute of Medicine, and which take into account and accommodate children with disabilities; (vi) additional support services, as appropriate, based on the findings of the needs analysis as described in section 120; and (vii) on-site coordination, to the maximum extent feasible. (J) Provides high-quality professional development for all staff, including regular in-classroom observation for teachers and teacher assistants by individuals trained in such observation. (K) Meets the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act ( 42 U.S.C. 9836a(a)(1)(B) ). (L) Maintains evidence-based health and safety standards. (10) Governor The term Governor means the chief executive officer of a State. (11) Homeless child The term homeless child means a child or youth described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) . (12) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (13) Indian tribe; Tribal organization The terms Indian tribe and tribal organization have the meanings given the terms in 658P of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858n ). (14) Limited English proficient The term limited English proficient has the meaning given the term in section 637 of the Head Start Act ( 42 U.S.C. 9832 ). (15) Local educational agency; State educational agency; educational service agency The terms local educational agency , State educational agency , and educational service agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (16) Migratory child The term migratory child has the meaning given the term in section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 ). (17) Outlying area The term outlying area means each of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (18) Poverty line The term poverty line means the official poverty line (as defined by the Office of Management and Budget)— (A) adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period or other interval for which the data are available; and (B) applicable to a family of the size involved. (19) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (20) Secretary The term Secretary means the Secretary of Education. (21) State Except as otherwise provided in this subtitle, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (22) State advisory council on early childhood education and care The term State Advisory Council on Early Childhood Education and Care means the State Advisory Council on Early Childhood Education and Care established under section 642B(b) of the Head Start Act ( 42 U.S.C. 9837b(b) ). 113. Program authorization From amounts made available to carry out this subtitle, the Secretary, in consultation with the Secretary of Health and Human Services, shall award grants to States to implement high-quality prekindergarten programs, consistent with the purposes of this subtitle described in section 111. For each fiscal year, the funds provided under a grant by a State shall equal the allotment determined for the State under section 114. 114. Allotments and reservations of funds (a) Reservation From the amount made available each fiscal year to carry out this subtitle, the Secretary shall— (1) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations; (2) reserve ½ of 1 percent for the outlying areas to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this subtitle; (3) reserve ½ of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor; and (4) reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation. (b) Allotments (1) In general From the amount made available each fiscal year to carry out this subtitle and not reserved under subsection (a), the Secretary shall make allotments to States in accordance with paragraph (2) that have submitted an approved application. (2) Allotment amount (A) In general Subject to subparagraph (B), the Secretary shall allot the amount made available under paragraph (1) for a fiscal year among the States in proportion to the number of children who are age 4 who reside within the State and are from families with incomes at or below 200 percent of the poverty line for the most recent year for which satisfactory data are available, compared to the number of such children who reside in all such States for that fiscal year. (B) Minimum allotment amount No State receiving an allotment under subparagraph (A) may receive less than ½ of 1 percent of the total amount allotted under such subparagraph. (3) Reallotment and carry over (A) In general If one or more States do not receive an allotment under this subsection for any fiscal year, the Secretary may use the amount of the allotment for that State or States, in such amounts as the Secretary determines appropriate, for either or both of the following: (i) To increase the allotments of States with approved applications for the fiscal year, consistent with subparagraph (B). (ii) To carry over the funds to the next fiscal year. (B) Reallotment In increasing allotments under subparagraph (A)(i), the Secretary shall allot to each State with an approved application an amount that bears the same relationship to the total amount to be allotted under subparagraph (A)(i), as the amount the State received under paragraph (2) for that fiscal year bears to the amount that all States received under paragraph (2) for that fiscal year. (4) State For purposes of this subsection, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Flexibility The Secretary may make minimal adjustments to allotments under this subsection, which shall neither lead to a significant increase or decrease in a State’s allotment determined under subsection (b), based on a set of factors, such as the level of program participation and the estimated cost of the activities specified in the State plan under section 116(a)(2) . 115. State eligibility criteria A State is eligible to receive a grant under this subtitle if the State demonstrates to the Secretary that the State— (1) has established or will establish early learning and development standards that describe what children from birth to kindergarten entry should know and be able to do, are universally designed and developmentally, culturally, and linguistically appropriate, are aligned with the State’s challenging academic content standards and challenging student academic achievement standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ), and cover the essential domains of school readiness, which address— (A) physical well-being and motor development; (B) social and emotional development; (C) approaches to learning, including creative arts expression; (D) developmentally appropriate oral and written language and literacy development; and (E) cognition and general knowledge, including early mathematics and early scientific development; (2) has the ability or will develop the ability to link prekindergarten data with its elementary school and secondary school data for the purpose of collecting longitudinal information for all children participating in the State’s high-quality prekindergarten program and any other Federally-funded early childhood program that will remain with the child through the child’s public education through grade 12; (3) offers State-funded kindergarten for children who are eligible children for that service in the State; and (4) has established a State Advisory Council on Early Childhood Education and Care. 116. State applications (a) In general To receive a grant under this subtitle, the Governor of a State, in consultation with the Indian tribes and tribal organizations in the State, if any, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include— (1) an assurance that the State— (A) will coordinate with and continue to participate in the programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ) for the duration of the grant; (B) will designate a State-level entity (such as an agency or joint interagency office), selected by the Governor, for the administration of the grant, which shall coordinate and consult with the State educational agency if the entity is not the State educational agency; and (C) will establish, or certify the existence of, program standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 112; (2) a description of the State’s plan to— (A) use funds received under this subtitle and the State’s matching funds to provide high-quality prekindergarten programs, in accordance with section 117(d) , with open enrollment for all children in the State who— (i) are described in section 112(9)(A) ; and (ii) are from families with incomes at or below 200 percent of the poverty line; (B) develop or enhance a system for monitoring eligible local entities that are receiving funds under this subtitle for compliance with quality standards developed by the State and to provide program improvement support, which may be accomplished through the use of a State-developed system for quality rating and improvement; (C) if applicable, expand participation in the State’s high-quality prekindergarten programs to children from families with incomes above 200 percent of the poverty line; (D) carry out the State’s comprehensive early learning assessment system, or how the State plans to develop such a system, ensuring that any assessments are culturally, developmentally, and age-appropriate and consistent with the recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act ( 42 U.S.C. 9844 ); (E) develop, implement, and make publicly available the performance measures and targets described in section 119 ; (F) increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training in early childhood education, including how institutions of higher education will support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate and expedite attainment of such degrees; (G) coordinate and integrate the activities funded under this subtitle with Federal, State, and local services and programs that support early childhood education and care, including programs supported under this subtitle, the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), the State incentive grant program under section 14006 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), Federally funded early literacy programs, the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ), health improvements to child care funded under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.S. 11431 et seq.), the Investing In Innovation program under section 14007 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), programs authorized under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ), the Fostering Connections to Success and Increasing Adoptions Act of 2008 ( Public Law 110–351 ), and any other Federal, State, or local early childhood education programs used in the State; (H) award subgrants to eligible local entities, and in awarding such subgrants, facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and consider the system’s impact on options for families; (I) in the case of a State that does not have a funding mechanism for subgranting funds to implement high-quality prekindergarten, use objective criteria in awarding subgrants to eligible local entities that will implement high-quality prekindergarten programs, including actions the State will take to ensure that eligible local entities will coordinate with local educational agencies or other early learning providers, as appropriate, to carry out activities to provide children served under this subtitle with a successful transition from preschool into kindergarten, which activities shall include— (i) aligning curricular objectives and instruction; (ii) providing staff professional development, including opportunities for joint-professional development on early learning and kindergarten through grade 3 standards, assessments, and curricula; (iii) coordinating family engagement and support services; and (iv) encouraging the shared use of facilities and transportation, as appropriate; (J) use the State early learning and development standards described in section 115(1) to address the needs of dual language learners, including by incorporating benchmarks related to English language development; (K) identify barriers, and propose solutions to overcome such barriers, which may include seeking assistance under section 126 , in the State to effectively use and integrate Federal, State, and local public funds and private funds for early childhood education that are available to the State on the date on which the application is submitted; (L) support articulation agreements (as defined in section 486A of the Higher Education Act of 1965 ( 20 U.S.C. 1093a )) between public 2-year and public 4-year institutions of higher education in the State for early childhood teacher preparation programs and related fields; (M) ensure that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten programs; (N) support workforce development, including State and local policies that support prekindergarten instructional staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, substitutes, and child care services, including non-traditional hour child care; (O) hold eligible local entities accountable for use of funds; (P) ensure that the State’s early learning and development standards are integrated into the instructional and programmatic practices of high-quality prekindergarten programs and related programs and services, such as those provided to children under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq); (Q) increase the number of children in the State who are enrolled in high-quality kindergarten programs and carry out a strategy to implement such a plan; (R) coordinate the State’s activities supported by grants under this subtitle with activities in State plans required under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ); (S) encourage eligible local entities to coordinate with community-based learning resources, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, and programs supported by the Corporation for National and Community Service; (T) work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality prekindergarten programs have sufficient facilities to meet the needs of children eligible for prekindergarten; (U) support local early childhood coordinating entities, such as local early childhood councils, if applicable, and help such entities to coordinate early childhood education programs with high-quality prekindergarten programs to ensure effective and efficient delivery of early childhood education program services; (V) ensure that the provision of high-quality prekindergarten programs will not lead to a diminution of services for infants and toddlers or disrupt the care of infants and toddlers in the geographic area served by the eligible local entity, which may include demonstrating that the State will direct funds to provide high-quality early childhood education and care to infants and toddlers in accordance with section 117(d) ; and (W) ensure that all high-quality prekindergarten programs the State supports under this Act will conduct criminal history background checks that meet the requirements of subsection (b) on employees and applicants for employment with direct access to children; and (3) an inventory of the State’s higher education programs that prepare individuals for work in a high-quality prekindergarten program, including— (A) certification programs; (B) associate degree programs; (C) baccalaureate degree programs (D) masters degree programs; and (E) other programs that lead to a specialization in early childhood education, or a related field. (b) Criminal history background checks (1) In general The criminal history background checks required under subsection (a)(2)(Z) shall include— (A) a search of the State criminal registry or repository in the State in which the employee resides and previously resided; (B) a search of the State-based child abuse and neglect registries and databases in the State in which the employee resides and previously resided; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 ). (2) Prohibition of employment To be eligible to receive a grant under this subtitle, a State shall prohibit an individual with direct access to children from employment with a program supported with grant funds under this subtitle if the individual has been convicted of a violent felony or any violent or sexual crime against a minor, as defined by the State. (3) Updated checks To be eligible to receive a grant under this subtitle, each criminal history background check conducted on an employee as required under subsection (a)(2)(Z) shall be periodically repeated or updated in accordance with State law. (4) Appeal process To be eligible to receive a grant under this subtitle, a State shall provide an individual with a timely process by which to— (A) appeal the results of a criminal history background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check; and (B) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. (c) Development of application In developing an application for a grant under this subtitle, a State shall consult with the State Advisory Council on Early Childhood Education and Care and incorporate such Council’s recommendations, where applicable. (d) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school employees, local educational agency employees, and the employees of early childhood education programs under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 117. State use of funds (a) Reservation for quality improvement activities (1) In general A State that receives a grant under this subtitle may reserve for, not more than the first 4 years such State receives such a grant, not more than 20 percent of the grant funds for quality improvement activities if such activities support the elements of high-quality prekindergarten programs. Such quality improvement activities may include supporting teachers and principals in a State’s high-quality prekindergarten program, licensed or regulated child care, or Head Start programs to enable such teachers to earn a baccalaureate degree in early childhood education, or closely-related field, through activities which may include— (A) expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for such teachers; and (B) providing ongoing professional development opportunities, including regular in-classroom observation by individuals trained in such observation, for such teachers, principals, and teachers assistants to enable such teachers, principals, and teachers assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address— (i) promoting children’s development across the essential domains of early learning and development; (ii) developmentally appropriate teacher-child interaction; (iii) effective family engagement; (iv) providing culturally competent instruction; (v) working with a diversity of children and families, including children with special needs and dual language learners; (vi) childhood nutrition and physical education programs; and (vii) supporting the implementation of evidence-based curricula. (2) Not subject to matching The amount reserved under paragraph (1) shall not be subject to the matching requirements under section 120 . (3) Coordination A State that reserves an amount under paragraph (1) shall coordinate the use of such amount with activities funded under section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858e ) and the Head Start Act ( 42 U.S.C. 9831 et seq. ). (4) Construction A State may not use funds reserved under this subsection to meet the requirement described in section 112(9)(G) . (b) Subgrants for high-Quality prekindergarten programs A State that receives a grant under this subtitle shall award subgrants of sufficient size to eligible local entities to enable such eligible local entities to implement high-quality prekindergarten programs for children who— (1) are described in section 112(9)(A); (2) reside within the State; and (3) are from families with incomes at or below 200 percent of the poverty line. (c) Administration A State that receives a grant under this subtitle may reserve not more than 1 percent of the grant funds for administration of the grant, and may use part of that reservation for the maintenance of the State Advisory Council on Early Childhood Education and Care. (d) Early childhood education and care programs for infants and toddlers (1) Use of allotment for infants and toddlers An eligible State may apply to use, and the appropriate Secretary may grant permission for the State to use, not more than 15 percent of the funds made available through a grant received under this subtitle to award subgrants to early childhood education programs to provide, consistent with the State’s early learning and development guidelines for infants and toddlers, high-quality early childhood education and care to infants and toddlers who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (2) Application To be eligible to use the grant funds as described in paragraph (1), the State shall submit an application to the appropriate Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall, at a minimum, include a description of how the State will— (A) designate a lead agency which shall administer such funds; (B) ensure that such lead agency, in coordination with the State’s Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with programs for infants and toddlers funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ) (including any Early Learning Quality Partnerships established in the State under section 645B of the Head Start Act, as added by section 202), the Race to the Top and Early Learning Challenge program under section 14006 of Public Law 111–5 (123 Stat. 283), the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ), and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ); (C) ensure that infants and toddlers who benefit from amounts made available under this subsection will transition to and have the opportunity to participate in a high-quality prekindergarten program supported under this subtitle; (D) in awarding subgrants, give preference to early childhood education programs that have a plan to increase services to children with special needs, including children with developmental delays or disabilities, children who are dual language learners, homeless children, children who are in foster care, children of migrant families, children eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), or children in the child welfare system; and (E) give priority to activities carried out under this subsection that will increase access to high-quality early childhood education programs for infants and toddlers in local areas with significant concentrations of low-income families that do not currently benefit from such programs. (3) Eligible providers A State may use the grant funds as described in paragraph (1) to serve infants and toddlers only by working with early childhood education program providers that— (A) offer full-day, full-year care, or otherwise meet the needs of working families; and (B) meet high-quality standards, such as— (i) Early Head Start program performance standards under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) high quality, demonstrated, valid, and reliable program standards that have been established through a national entity that accredits early childhood education programs. (4) Federal administration (A) In general The Secretary of Education shall bear responsibility for obligating and disbursing funds to support activities under this subsection and ensuring compliance with applicable laws and administrative requirements, subject to paragraph (3). (B) Interagency agreement The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such Secretaries shall set forth in an interagency agreement. The Secretary of Health and Human Services shall be responsible for any final approval of a State’s application under this subsection that addresses the use of funds designated for services to infants and toddlers. (C) Appropriate secretary In this subsection, the term appropriate Secretary used with respect to a function, means the Secretary designated for that function under the interagency agreement. 118. Additional prekindergarten services (a) Prekindergarten for 3-year olds Each State that certifies to the Secretary that the State provides universally available, voluntary, high-quality prekindergarten programs for 4-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line may use the State’s allocation under section 114(b) to provide high-quality prekindergarten programs for 3-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (b) Subgrants In each State that has a city, county, or local educational agency that provides universally available high-quality prekindergarten programs for 4-year old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line the State may use amounts from the State’s allocation under section 114(b) to award subgrants to eligible local entities to enable such eligible local entities to provide high-quality prekindergarten programs for 3-year old children who are from families with incomes at or below 200 percent of the poverty line and who reside in such city, county or local educational agency. 119. Performance measures and targets (a) In general A State that receives a grant under this subtitle shall develop, implement, and make publicly available the performance measures and targets for the activities carried out with grant funds. Such measures shall, at a minimum, track the State’s progress in— (1) increasing school readiness across all domains for all categories of children, as described in section 123(b)(7), including children with disabilities and dual language learners; (2) narrowing school readiness gaps between minority and nonminority children, and low-income children and more advantaged children, in preparation for kindergarten entry; (3) decreasing placement for children in elementary school in special education programs and services as described in part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); (4) increasing the number of programs meeting the criteria for high-quality prekindergarten programs, as defined by the State and in accordance with section 112; (5) decreasing the need for grade-to-grade retention in elementary school; (6) if applicable, ensuring that high-quality prekindergarten programs do not experience instances of chronic absence among the children who participate in such programs; (7) increasing the number and percentage of low-income children in high-quality early childhood education programs that receive financial support through funds provided under this subtitle; and (8) providing high-quality nutrition services, nutrition education, physical activity, and obesity prevention programs. (b) Prohibition of misdiagnosis practices A State shall not, in order to meet the performance measures and targets described in subsection (a), engage in practices or policies that will lead to the misdiagnosis or under-diagnosis of disabilities or developmental delays among children who are served through programs supported under this subtitle. 120. Matching requirements (a) Matching funds (1) In general Except as provided in paragraph (2), a State that receives a grant under this subtitle shall provide matching funds from non-Federal sources, as described in subsection (c), in an amount equal to— (A) 10 percent of the Federal funds provided under the grant in the first year of grant administration; (B) 10 percent of the Federal funds provided under the grant in the second year of grant administration; (C) 20 percent of the Federal funds provided under the grant in the third year of grant administration; (D) 30 percent of the Federal funds provided under the grant in the fourth year of grant administration; (E) 40 percent of the Federal funds provided under the grant in the fifth year of grant administration; (F) 50 percent of the Federal funds provided under the grant in the sixth year of grant administration; (G) 75 percent of the Federal funds provided under the grant in the seventh year of grant administration; and (H) 100 percent of the Federal funds provided under the grant in the eighth and following years of grant administration. (2) Reduced match rate A State that meets the requirements under subsection (b) may provide matching funds from non-Federal sources at a reduced rate. The full reduced matching funds rate shall be in an amount equal to— (A) 5 percent of the Federal funds provided under the grant in the first year of grant administration; (B) 5 percent of the Federal funds provided under the grant in the second year of grant administration; (C) 10 percent of the Federal funds provided under the grant in the third year of grant administration; (D) 20 percent of the Federal funds provided under the grant in the fourth year of grant administration; (E) 30 percent of the Federal funds provided under the grant in the fifth year of grant administration; (F) 40 percent of the Federal funds provided under the grant in the sixth year of grant administration; (G) 50 percent of the Federal funds provided under the grant in the seventh year of grant administration; (H) 75 percent of the Federal funds provided under the grant in the eighth year of grant administration; and (I) 100 percent of the Federal funds provided under the grant in the ninth and following years of the grant administration. (b) Reduced match rate eligibility A State that receives a grant under this subtitle may provide matching funds from non-Federal sources at the full reduced rate under subsection (a)(2) if the State— (1) (A) offers enrollment in high-quality prekindergarten programs to not less than half of children in the State who are— (i) age 4 on the eligibility determination date; and (ii) from families with incomes at or below 200 percent of the poverty line; and (B) has a plan for continuing to expand access to high-quality prekindergarten programs for such children in the State; and (2) has a plan to expand access to high-quality prekindergarten programs to children from moderate income families whose income exceeds 200 percent of the poverty line. (c) Non-Federal resources (1) In cash A State shall provide the matching funds under this section in cash. (2) Funds to be considered as matching funds A State may include, as part of the State’s matching funds under this section, not more than 10 percent of the amount of State funds designated for State prekindergarten programs or to supplement Head Start programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ) as of the date of enactment of this Act, but may not include any funds that are attributed as matching funds, as part of a non-Federal share, or as a maintenance of effort requirement, for any other Federal program. (d) Maintenance of effort (1) In general If a State reduces its combined fiscal effort per student or the aggregate expenditures within the State to support early childhood education programs for any fiscal year that a State receives a grant authorized under this subtitle relative to the previous fiscal year, the Secretary shall reduce support for such State under this subtitle by the same amount as the decline in State and local effort for such fiscal year. (2) Waiver The Secretary may waive the requirements of paragraph (1) if— (A) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services, including early childhood education programs; or (B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action. (e) Supplement not supplant Grant funds received under this title shall be used to supplement and not supplant other Federal, State, and local public funds expended on public prekindergarten programs in the State. 121. Eligible local entity applications (a) In general An eligible local entity desiring to receive a subgrant under section 117(b) shall submit an application to the State, at such time, in such manner, and containing such information as the State may reasonably require. (b) Contents Each application submitted under subsection (a) shall include the following: (1) Parent and family engagement A description of how the eligible local entity plans to engage the parents and families of the children such entity serves and ensure that parents and families of eligible children are aware of the services provided by the eligible local entity, which shall include a plan to— (A) carry out meaningful parent and family engagement, through the implementation and replication of evidence-based or promising practices and strategies, which shall be coordinated with parent and family engagement strategies supported under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and part A of title I and title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. and 7201 et seq.), if applicable, to— (i) provide parents and family members with the skills and opportunities necessary to become full partners in their children’s education, particularly the families of dual language learners and children with disabilities; (ii) improve child development; and (iii) strengthen relationships among prekindergarten staff and parents and family members; and (B) perform community outreach to encourage families with eligible children to participate in the eligible local entity’s high-quality prekindergarten program, including— (i) homeless children; (ii) dual language learners; (iii) children in foster care; (iv) children with disabilities; and (v) migrant children. (2) Coordination & alignment A description of how the eligible local entity will— (A) coordinate, if applicable, the eligible local entity’s activities with— (i) Head Start agencies (consistent with section 642(e)(5) of the Head Start Act ( 42 U.S.C. 9837(e)(5) ), if the local entity is not a Head Start agency; (ii) local educational agencies, if the eligible local entity is not a local educational agency; (iii) providers of services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ); (iv) programs carried out under section 619 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ); and (v) if feasible, other entities carrying out early childhood education programs and services within the area served by the local educational agency. (B) if applicable, develop and implement a systematic procedure for transferring, with parental consent, early childhood education program records for each participating child to the school in which such child will enroll in kindergarten; (C) develop a plan to promote continuity of developmentally appropriate instructional programs and shared expectations with local elementary schools for children’s learning and development as children transition to kindergarten; (D) organize, if feasible, and participate in joint training, when available, including transition-related training for school staff and early childhood education program staff; (E) establish comprehensive transition policies and procedures, with applicable elementary schools and principals, for the children served by the eligible local entity that support the school readiness of children transitioning to kindergarten; (F) conduct outreach to parents, families, and elementary school teachers and principals to discuss the educational, developmental, and other needs of children entering kindergarten; (G) help parents, including parents of children who are dual language learners, understand and engage with the instructional and other services provided by the kindergarten in which such child will enroll after participation in a high-quality prekindergarten program; and (H) develop and implement a system to increase program participation of underserved populations of eligible children, especially homeless children, children eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), parents of children who are dual language learners, and parents of children with disabilities. (3) Protections for special populations A description of how the eligible local entity will meet the diverse needs of children in the community to be served, including children with disabilities, children whose native language is not English, children with other special needs, children in the State foster care system, and homeless children. Such description shall demonstrate, at a minimum, how the entity plans to— (A) ensure the eligible local entity’s high-quality prekindergarten program is accessible and appropriate for children with disabilities and dual language learners; (B) establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (C) establish effective procedures for timely referral of children with disabilities to the State or local agency described in subparagraph (B); (D) ensure that the eligible local entity’s high-quality prekindergarten program works with appropriate entities to address the elimination of barriers to immediate and continuous enrollment for homeless children; and (E) ensure access to and continuity of enrollment in high-quality prekindergarten programs for migratory children, if applicable, and homeless children, including through policies and procedures that require— (i) outreach to identify migratory children and homeless children; (ii) immediate enrollment, including enrollment during the period of time when documents typically required for enrollment, including health and immunization records, proof of eligibility, and other documents, are obtained; (iii) continuous enrollment and participation in the same high-quality prekindergarten program for a child, even if the child moves out of the program’s service area, if that enrollment and participation are in the child’s best interest, including by providing transportation when necessary; (iv) professional development for high-quality prekindergarten program staff regarding migratory children and homelessness among families with young children; and (v) in serving homeless children, collaboration with local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), and local homeless service providers. (4) Accessible comprehensive services A description of how the eligible local entity plans to provide accessible comprehensive services, described in section 112(9)(I) , to the children the eligible local entity serves. Such description shall provide information on how the entity will— (A) conduct a data-driven community assessment in coordination with members of the community, including parents and community organizations, or use a recently conducted data-driven assessment, which— (i) may involve an external partner with expertise in conducting such needs analysis, to determine the most appropriate social or other support services to offer through the eligible local entity’s on-site comprehensive services to children who participate in high-quality prekindergarten programs; and (ii) shall consider the resources available at the school, local educational agency, and community levels to address the needs of the community and improve child outcomes; and (B) have a coordinated system to facilitate the screening, referral, and provision of services related to health, nutrition, mental health, disability, and family support for children served by the eligible local entity. (5) Workforce A description of how the eligible local entity plans to support the instructional staff of such entity’s high-quality prekindergarten program, which shall, at a minimum, include a plan to provide high-quality professional development, or facilitate the provision of high-quality professional development through an external partner with expertise and a demonstrated track record of success, based on scientifically valid research, that will improve the knowledge and skills of high-quality prekindergarten teachers and staff through activities, which may include— (A) acquiring content knowledge and learning teaching strategies needed to provide effective instruction that addresses the State’s early learning and development standards described under section 115(1); (B) enabling high-quality prekindergarten teachers and staff to pursue specialized training in early childhood development; (C) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of dual language learners; (D) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide developmentally appropriate instruction for children with disabilities; (E) promoting classroom management; (F) providing high-quality induction and support for incoming high-quality prekindergarten teachers and staff in high-quality prekindergarten programs, including through the use of mentoring programs that have a demonstrated track record of success; (G) promoting the acquisition of relevant credentials, including in ways that support career advancement through career ladders; and (H) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide culturally competent instruction for children from diverse backgrounds. 122. Required subgrant activities (a) In general An eligible local entity that receives a subgrant under section 117(b) shall use subgrant funds to implement the elements of a high-quality prekindergarten program for the children described in section 117(b). (b) Coordination (1) Local educational agency partnerships with local early childhood education programs A local educational agency that receives a subgrant under this subtitle shall provide an assurance that the local educational agency will enter into strong partnerships with local early childhood education programs, including programs supported through the Head Start Act ( 42 U.S.C. 9831 et seq. ). (2) Eligible local entities that are not local educational agencies An eligible local entity that is not a local educational agency that receives a subgrant under this subtitle shall provide an assurance that such entity will enter into strong partnerships with local educational agencies. 123. Report and evaluation (a) In general Each State that receives a grant under this subtitle shall prepare an annual report, in such manner and containing such information as the Secretary may reasonably require. (b) Contents A report prepared under subsection (a) shall contain, at a minimum— (1) a description of the manner in which the State has used the funds made available through the grant and a report of the expenditures made with the funds; (2) a summary of the State’s progress toward providing access to high-quality prekindergarten programs for children eligible for such services, as determined by the State, from families with incomes at or below 200 percent of the poverty line, including the percentage of funds spent on children from families with incomes— (A) at or below 100 percent of the poverty line; (B) at or below between 101 and 150 percent of the poverty line; and (C) at or below between 151 and 200 percent of the poverty line; (3) an evaluation of the State’s progress toward achieving the State’s performance targets, described in section 119 ; (4) data on the number of high-quality prekindergarten program teachers and staff in the State (including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools), according to the setting in which such teachers and staff work (which settings shall include, at a minimum, Head Start programs, public prekindergarten, and child care programs) who received training or education during the period of the grant and remained in the early childhood education program field; (5) data on the kindergarten readiness of children in the State; (6) a description of the State’s progress in overcoming barriers to the effective use of Federal, State, and local public funds and private funds, for early childhood education; (7) the number and percentage of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners; (8) data on the availability, affordability, and quality of infant and toddler care in the State; (9) the number of operational minutes per week and per year for each eligible local entity that receives a subgrant; (10) the local educational agency and zip code in which each eligible local entity that receives a subgrant operates; (11) information, for each of the local educational agencies described in paragraph (10), on the percentage of the costs of the public early childhood education programs that is funded from Federal, from State, and from local sources, including the percentages from specific funding programs; (12) data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners, with information on whether such programs are offered— (A) for a full-day; and (B) at no cost to families; and (13) data on the number of individuals in the State who are supported with scholarships, if applicable, to meet the baccalaureate degree requirement for high-quality prekindergarten programs, as defined in section 112. (c) Submission A State shall submit the annual report prepared under subsection (a), at the end of each fiscal year, to the Secretary, the Secretary of Health and Human Services, and the State Advisory Council on Early Childhood Education and Care. (d) Cooperation An eligible local entity that receives a subgrant under this subtitle shall cooperate with all Federal and State efforts to evaluate the effectiveness of the program the entity implements with subgrant funds. (e) National report The Secretary shall compile and summarize the annual State reports described under subsection (c) and shall prepare and submit an annual report to Congress that includes a summary of such State reports. 124. Prohibition of required participation or use of funds for assessments (a) Prohibition on required participation A State receiving a grant under this subtitle shall not require any child to participate in any Federal, State, local, or private early childhood education program, including a high-quality prekindergarten program. (b) Prohibition on use of funds for assessment A State receiving a grant under this subtitle and an eligible local entity receiving a subgrant under this subtitle shall not use any grant or subgrant funds to carry out any of the following activities: (1) An assessment that provides rewards or sanctions for individual children, teachers, or principals. (2) An assessment that is used as the primary or sole method for assessing program effectiveness. (3) Evaluating children, other than for the purposes of— (A) improving instruction or the classroom environment; (B) targeting professional development; (C) determining the need for health, mental health, disability, or family support services; (D) program evaluation for the purposes of program improvement and parent information; and (E) improving parent and family engagement. 125. Coordination with Head Start programs (a) Increased access for younger children Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services shall develop a process— (1) for use in the event that Head Start programs funded under the Head Start Act ( 42 U.S.C. 9831 et seq. ) operate in States or regions that have achieved sustained universal, voluntary access to 4-year old children who reside within the State and who are from families with incomes at or below 200 percent of the poverty line to high-quality prekindergarten programs; and (2) for how such Head Start programs will begin converting slots for children who are age 4 on the eligibility determination date to children who are age 3 on the eligibility determination date, or, when appropriate, converting Head Start Programs into Early Head Start programs to serve infants and toddlers. (b) Community need and resources The process described in subsection (a) shall— (1) be carried out on a case-by-case basis and shall ensure that sufficient resources and time are allocated for the development of such a process so that no child or cohort is excluded from currently available services; and (2) ensure that any conversion shall be based on community need and not on the aggregate number of children served in a State or region that has achieved sustained, universal, voluntary access to high-quality prekindergarten programs. (c) Public comment and notice Not fewer than 90 days after the development of the proposed process described in subsection (a), the Secretary and the Secretary of Health and Human Services shall publish a notice describing such proposed process for conversion in the Federal Register providing at least 90 days for public comment. The Secretaries shall review and consider public comments prior to finalizing the process for conversion of Head Start slots and programs. (d) Reports to congress Concurrently with publishing a notice in the Federal Register as described in subsection (c), the Secretaries shall provide a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed process described in subsection (a), including a description of the degree to which Head Start programs are providing State-funded high-quality prekindergarten programs as a result of the grant opportunity provided under this subtitle in States where Head Start programs are eligible for conversion described in subsection (a). 126. Technical assistance in program administration In providing technical assistance to carry out activities under this title, the Secretary shall coordinate that technical assistance, in appropriate cases, with technical assistance provided by the Secretary of Health and Human Services to carry out the programs authorized under the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and the maternal, infant and early childhood home visiting programs assisted under section 511 of the Social Security Act ( 42 U.S.C. 711 ). 127. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle— (1) $1,300,000,000 for fiscal year 2014; (2) 3,250,000,000 for fiscal year 2015; (3) $5,780,000,000 for fiscal year 2016; (4) $7,580,000,000 for fiscal year 2017; (5) $8,960,000,000 for fiscal year 2018; and (6) such sums as may be necessary for each of fiscal years 2019 through 2023. B Prekindergarten Development Grants 151. Prekindergarten development grants (a) In general From the amounts appropriated under subsection (f), the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall award competitive grants to States that wish to increase the capacity and build the infrastructure within the State to offer high-quality prekindergarten programs. (b) Eligibility A State that is not receiving funds under section 115 may compete for grant funds under this subtitle if the State provides an assurance that the State will, through the support of grant funds awarded under this subtitle, meet the eligibility requirements of section 115 not later than 3 years after the date the State first receives grant funds under this subtitle. (c) Grants (1) Duration The Secretary shall award grants to States under this subtitle for a period of not more than 3 years and such grants shall not be renewed. (2) Authority to subgrant (A) In general A State receiving a grant under this subtitle may use the grant funds to make subgrants to eligible local entities (defined in section 112(7)) to carry out activities under the grant. (B) Eligible local entities An eligible local entity receiving a subgrant under subparagraph (A) shall comply with the requirements for States receiving a grant under this subtitle, as appropriate. (d) Application (1) In general A Governor of a State that desires to receive a grant under this subtitle 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, including a description of how the State plans to become eligible for grants under section 115 by not later than 3 years after the date the State first receives grant funds under this subtitle. (2) Development of application In developing an application for a grant under this subtitle, a Governor of a State shall consult with the State Advisory Council on Early Childhood Education and Care, and incorporate their recommendations, where applicable. (e) Matching requirement (1) In general To be eligible to receive a grant under this subtitle, a State shall contribute for the activities for which the grant was awarded non-Federal matching funds in an amount equal to not less than 20 percent of the amount of the grant. (2) Non-federal funds To satisfy the requirement of paragraph (1), a State may use— (A) cash; or (B) an in-kind contribution. (3) Financial hardship waiver The Secretary may waive paragraph (1) or reduce the amount of matching funds required under that paragraph for a State that has submitted an application for a grant under this subtitle if the State demonstrates, in the application, a need for such a waiver or reduction due to extreme financial hardship, as determined by the Secretary of Education. (f) Authorization of Appropriations There are authorized to be appropriated to carry out this subtitle— (1) $750,000,000 for fiscal year 2014; and (2) such sums as may be necessary for each of fiscal years 2015 through 2023. II EARLY LEARNING QUALITY PARTNERSHIPS 201. Purposes The purposes of this title are to— (1) increase the availability of, and access to, high-quality early childhood education and care programming for infants and toddlers; (2) support a higher quality of, and increase capacity for, that programming in both child care centers and family child care homes; and (3) encourage the provision of comprehensive, coordinated full-day services and supports for infants and toddlers. 202. Early Learning Quality Partnerships The Head Start Act is amended— (1) by amending section 645A(e) ( 42 U.S.C. 9840a(e) ) to read as follows: (e) Selection of grant recipients The Secretary shall award grants under this section on a competitive basis to applicants meeting the criteria in subsection (d) (giving priority to entities with a record of providing early, continuous, and comprehensive childhood development and family services and entities that agree to partner with a center-based or family child care provider to carry out the activities described in section 645B). ; and (2) by inserting after section 645A ( 42 U.S.C. 9840a ) the following: 645B. Early Learning Quality Partnerships (a) In general The Secretary shall make grants to Early Head Start agencies to partner with center-based or family child care providers, particularly those that receive support under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ), that agree to meet program performance standards that are described in section 641A(a)(1) and Early Head Start standards described in 645A are applicable to the ages of children served with funding and technical assistance from the Early Head Start agency. (b) Selection of grant recipients (1) In general Except as provided in paragraphs (2) and (3), the Secretary shall award grants under this section in a manner consistent with section 645A(e). (2) Competitive priority In awarding grants under this section, the Secretary shall give priority to applicants— (A) that propose to create strong alignment of programs with maternal, infant and early childhood home visiting programs assisted under section 511 of the Social Security Act ( 42 U.S.C. 711 ), State-funded prekindergarten programs, programs carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and other programs supported under this Act, to create a strong continuum of high-quality services for children from birth to school entry; and (B) that seek to work with child care providers across settings, including center-based and home-based programs. (3) Allocation (A) Reservation From funds appropriated to carry out this section, the Secretary shall reserve— (i) not less than 3 percent of such funds for Indian Head Start programs that serve young children; (ii) not less than 4.5 percent for migrant and seasonal Head Start programs that serve young children; and (iii) not less than .2 percent for programs funded under clause (iv) or (v) of section 640(a)(2)(B). (B) Allocation among states The Secretary shall allocate funds appropriated to carry out this section and not reserved under subparagraph (A) among the States proportionally based on the number of young children from families whose income is below the poverty line residing in such States. (c) Eligibility of Children (1) Partnerships formed through assistance provided under this section may serve children through age 3; and (2) the standards applied to children in subsection (a) shall be consistent with those applied to 3-year old children under this subchapter. (d) Partnerships An Early Head Start agency that receives a grant under this section shall— (1) enter into a contractual relationship with a center-based or family child care provider to raise the quality of such provider’s programs so that the provider meets the program performance standards described in subsection (a) through activities that may include— (A) expanding the center-based or family child care provider’s programs through financial support; (B) providing training, technical assistance, and support to the provider in order to help the provider meet the program performance standards, which may include supporting program and partner staff in earning a child development associate credential, associate’s degree, or baccalaureate degree in early childhood education or a closely related field for working with infants and toddlers; and (C) blending funds received under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ) and the Early Head Start program carried out under section 645A in order to provide high-quality child care, for a full day, that meets the program performance standards; (2) develop and implement a proposal to recruit and enter into the contract with a center-based or family child care provider, particularly a provider that serves children who receive assistance under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ); (3) create a clear and realizable timeline to increase the quality and capacity of a center-based or family child care provider so that the provider meets the program performance standards described in subsection (a); and (4) align activities and services provided through funding under this section with the Head Start Child Outcomes Framework. (e) Standards Prior to awarding grants under this section, the Secretary shall establish standards to ensure that the responsibility and expectations of the Early Head Start Agency and the partner child care providers are clearly defined. (f) Designation renewal A partner child care provider that receives assistance through a grant provided under this section shall be exempt, for a period of 18 months, from the designation renewal requirements under section 641(c). (g) Survey of Early Head Start Agencies and Report to Congress Within one year of the effective date of this section, the Secretary shall conduct a survey of Early Head Start agencies to determine the extent of barriers to entering into Early Learning Quality Partnership agreements on Early Head Start agencies and on child care providers, and submit this information, with suggested steps to overcome such barriers, in a report to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, including a detailed description of the degree to which Early Head Start agencies are utilizing the funds provided. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $1,430,376,000 for fiscal year 2014; and (2) such sums as may be necessary for each of fiscal years 2015 through 2023. . III CHILD CARE 301. State plan (a) Coordination; minimum eligibility; supplement not supplant Section 658E(c)(2) of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (I) Coordination with other federal block grants Certify that the State will develop and implement a process, not later than 3 years after the date of enactment of the Strong Start for America’s Children Act of 2013 , to ensure that the funding such State receives under the program of block grants for social services provided under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ) and the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ) that is used for child care services is subject to the requirements and limitations of this subchapter. (J) Minimum eligibility Demonstrate that each child that receives assistance in accordance with this subchapter in the State will receive such assistance for not less than 12 months (regardless of a change in family income for the child’s family, if family income does not exceed 85 percent of the State median income for a family of the same size) before the State redetermines the eligibility of the child under this subchapter. (K) Supplementing and not supplanting child care funds Provide an assurance that funds received by the State to carry out this subchapter shall be used to supplement and not supplant other Federal, State, and local public funds for child care services and activities. . (b) Activities To improve the quality of child care Section 658G of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858e ) is amended— (1) by striking A State and inserting (a) In General .—A State ; and (2) by adding at the end the following: (b) Formula grants (1) In general For fiscal years for which the amount appropriated to carry out this subchapter exceeds $2,400,000,000, the Secretary may reserve not less than $100,000,000 for formula grants to States, Indian tribes, and tribal organizations to improve the quality of child care programs and services. Such funds may be used to— (A) support training, education, and other professional development activities for child care staff, which may include coaching, mentoring, and other on-site training and technical assistance; (B) provide technical assistance to help providers become licensed and comply with applicable licensing and regulatory requirements; (C) provide incentives for the child care workforce linked to increased credential or degree completion or the activities described in subparagraph (A); (D) help programs meet applicable health and safety standards; and (E) provide technical assistance to help providers implement nutrition, physical activity, or obesity prevention programs. (2) Coordination A State, Indian tribe, or tribal organization that receives a grant under this section shall coordinate with a State Advisory Council on Early Childhood Education and Care in coordinating activities carried out under this subsection with other quality-related activities directed toward child care programs. (3) Priority to high poverty areas A State, Indian tribe, or tribal organization that receives a grant under this section shall provide assurances that such grant funds will be prioritized— (A) to areas with significant concentrations of poverty and unemployment and that lack access to high-quality child care, including high-quality early childhood education programs; or (B) for otherwise underserved populations, such as children with disabilities (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )), homeless children, and children who are dual language learners (as such term is defined in section 112 of the Strong Start for America’s Children Act of 2013 ). . (c) Demonstration and pilot projects Section 658I of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858g ) is amended by adding at the end the following: (c) Demonstration and pilot projects The Secretary may, through grants or contracts, carry out demonstration and pilot projects that are consistent with the purposes of this subchapter and are designed to develop and implement strategies and practices useful in supporting the needs of low-income families in-need of, or receiving, child care services. Such projects shall— (1) include the provision of direct services to individuals; (2) be subject to measures of performance based on indicators developed and prescribed by the Secretary in consultation with— (A) individuals and organizations currently administering programs that receive support under this subchapter; (B) individuals of other relevant Federal agencies and departments; and (C) individuals in relevant academic disciplines; and (3) include an evaluation component. . 302. Authorization of appropriations Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ) is amended to read as follows: 658B. Authorization of Appropriations There are authorized to be appropriated to carry out this subchapter— (1) $2,478,313,000 for fiscal year 2014; and (2) such sums as may be necessary for each of fiscal years 2015 through 2023. . IV MATERNAL, INFANT, AND EARLY CHILDHOOD HOME VISITING PROGRAM 401. Sense of the House of Representatives It is the sense of the House of Representatives that— (1) from the prenatal period to the first day of kindergarten, children’s development rapidly progresses at a pace exceeding that of any subsequent stage of life; (2) as reported by the National Academy of Sciences in 2001, striking disparities exist in what children know and can do that are evident well before they enter kindergarten; these differences are strongly associated with social and economic circumstances, and they are predictive of subsequent academic performance; (3) research has consistently demonstrated that investments in high-quality programs that serve infants and toddlers better positions those children for success in elementary, secondary, and postsecondary education as well as helping children develop the critical physical, emotional, social, and cognitive skills that they will need for the rest of their lives; (4) in 2011, there were 11,000,000 infants and toddlers living in the United States and 49 percent of these children came from low-income families living with incomes at or below 200 percent of the Federal poverty guidelines; (5) the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program was authorized by Congress to facilitate collaboration and partnership at the Federal, State, and community levels to improve health and development outcomes for at-risk children, including those from low-income families, through evidence-based home visiting programs; (6) MIECHV is an evidence-based policy initiative and its authorizing legislation requires that at least 75 percent of funds dedicated to the program must support programs to implement evidence-based home visiting models, which includes the home-based model of Early Head Start; and (7) Congress should continue to provide resources to MIECHV to support the work of States to help at-risk families voluntarily receive home visits from nurses and social workers to— (A) promote maternal, infant, and child health; (B) improve school readiness and achievement; (C) prevent potential child abuse or neglect and injuries; (D) support family economic self-sufficiency; (E) reduce crime or domestic violence; and (F) improve coordination or referrals for community resources and supports. | https://www.govinfo.gov/content/pkg/BILLS-113hr3461ih/xml/BILLS-113hr3461ih.xml |
113-hr-3462 | I 113th CONGRESS 1st Session H. R. 3462 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Cassidy (for himself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Education and the Workforce and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans.
1. Short title This Act may be cited as the Self-Insurance Protection Act . 2. Certain medical stop-loss insurance obtained by certain plan sponsors of group health plans not included under the definition of health insurance coverage (a) PHSA Section 2791(b)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–91(b)(1) ) is amended by adding at the end the following new sentence: Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor. . (b) ERISA Section 733(b)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(b)(1) ) is amended by adding at the end the following new sentence: Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor. . (c) IRC Section 9832(b)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3462ih/xml/BILLS-113hr3462ih.xml |
113-hr-3463 | I 113th CONGRESS 1st Session H. R. 3463 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Chaffetz (for himself, Mrs. Miller of Michigan , Mr. Farenthold , Mr. O’Rourke , Mr. Barber , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to ensure proper manpower on the United States border and to provide for reforms to rates of pay for Border Patrol agents.
1. Short title This Act may be cited as the Border Patrol Pay Reform Act of 2013 . 2. Border patrol rate of pay (a) Purpose The purposes of this section are— (1) to strengthen the U.S. Customs and Border Protection and to ensure that Border Patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of the employing agency; and (2) to ensure that U.S. Customs and Border Protection has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need. (b) Rates of pay Subchapter V of chapter 55 of title 5, United States Code, is amended by inserting after section 5549 the following: 5550. Border patrol rate of pay (a) Definitions In this section— (1) the term available to work , as used with respect to a Border Patrol agent, means that such agent is generally and reasonably accessible by U.S. Customs and Border Protection to perform unscheduled duty based on the needs of U.S. Customs and Border Protection; (2) the term Border Patrol agent means an individual who is performing functions included under position classification series 1896 (Border Patrol Enforcement) of the Office of Personnel Management, or any successor thereto, including, in the case of an individual performing the aforementioned functions, while such individual is performing covered border patrol activities; (3) the term covered border patrol activities , as used with respect to a Border Patrol agent, means— (A) detecting and preventing illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States; (B) arresting individuals suspected of conduct described in subparagraph (A); (C) attending training authorized by U.S. Customs and Border Protection; (D) being on approved annual, sick, or administrative leave; (E) being on ordered travel status; (F) being on official time, within the meaning of section 7131; (G) being on excused absence with pay for relocation purposes; (H) being on light duty due to injury or disability; (I) performing administrative duties or mission critical work assignments while maintaining law enforcement authority; (J) caring for the canine assigned to the Border Patrol agent, which may not exceed 1 hour per day; or (K) engaging in an activity similar to an activity described in any of the preceding subparagraphs while temporarily away from the regular duty assignment of the Border Patrol agent; (4) the term level 1 border patrol rate of pay , as used with respect to a Border Patrol agent, means the rate equal to 1.25 times the hourly rate of basic pay otherwise applicable to such agent; (5) the term level 2 border patrol rate of pay , as used with respect to a Border Patrol agent, means the rate equal to 1.125 times the hourly rate of basic pay otherwise applicable to such agent; and (6) the term work period means a 14-day biweekly pay period. (b) Receipt of border patrol rate of pay (1) Voluntary election (A) In general Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a Border Patrol agent shall make an election as to whether such agent shall, for such year— (i) be assigned to the level 1 border patrol rate of pay; (ii) be assigned to the level 2 border patrol rate of pay; or (iii) decline both the level 1 and the level 2 border patrol rates of pay. (B) Procedures The Director of the Office of Personnel Management shall establish procedures for an election under subparagraph (A). (C) Information regarding election Not later than 60 days before the first day of each year beginning after the date of the enactment of this section, U.S. Customs and Border Protection shall provide each Border Patrol agent with information regarding each type of election available under subparagraph (A) and how to make such an election. (D) Failure to elect A Border Patrol agent who fails to make a timely election under subparagraph (A) shall be deemed to have made an election under clause (i) thereof. (E) Sense of Congress It is the sense of Congress that U.S. Customs and Border Protection should take such action as is necessary to ensure that not more than 10 percent of the Border Patrol agents stationed at a location decline to be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay. (2) Level 1 border patrol rate of pay For a Border Patrol agent who has in effect an election under paragraph (1)(A)(i)— (A) the Border Patrol agent shall be scheduled to work for 5 days per week— (i) 8 hours of regular time per day; and (ii) 2 additional hours of scheduled overtime on each day such agent is scheduled to work under clause (i); (B) for the hours of regular time work described in subparagraph (A)(i), the Border Patrol agent shall receive pay at the level 1 border patrol rate of pay; (C) for the hours of regularly scheduled overtime work described in subparagraph (A)(ii), the Border Patrol agent shall not receive— (i) additional compensation under this section or any other provision of law; or (ii) compensatory time off; (D) any hours during which the Border Patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph (A); (E) the Border Patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(a)(7); and (F) the Border Patrol agent shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of the length of the shift. (3) Level 2 border patrol rate of pay For a Border Patrol agent who has in effect an election under paragraph (1)(A)(ii)— (A) the Border Patrol agent shall be scheduled to work for 5 days per week— (i) 8 hours of regular time per day; and (ii) 1 additional hour of scheduled overtime during on each day such agent is scheduled to work under clause (i); (B) for the hours of regular time work described in subparagraph (A)(i), the Border Patrol agent shall receive pay at the level 2 border patrol rate of pay; (C) for the hours of regularly scheduled overtime work described in subparagraph (A)(ii), the Border Patrol agent shall not receive— (i) additional compensation under this section or any other provision of law; or (ii) compensatory time off; (D) any hours during which the Border Patrol agent is available to work during a work period shall be included in the hours of regular time or regularly scheduled overtime scheduled under subparagraph (A); (E) the Border Patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(a)(7); and (F) the Border Patrol agent shall be charged leave in increments of 8 hours for 1 shift of leave, regardless of the length of the shift. (4) Basic border patrol rate of pay For a Border Patrol agent who has in effect an election under paragraph (1)(A)(iii)— (A) the Border Patrol agent shall be scheduled to work 8 hours of regular time per day, 5 days per week; (B) any hours during which the Border Patrol agent is available to work during a work period shall be included in the hours of regular time scheduled under subparagraph (A); and (C) the Border Patrol agent shall receive compensatory time off or pay at the overtime hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(a)(7). (c) Eligibility for other premium pay A Border Patrol agent— (1) shall receive premium pay for night work in accordance with subsections (a) and (b) of section 5545 and Sunday and holiday pay in accordance with section 5546, without regard to the election of the Border Patrol agent under subsection (b)(1)(A), except that section 5546(d) shall not apply and eligibility for pay for, and the rate of pay for, any overtime work shall be determined in accordance with this section and section 5542(a)(7); and (2) shall not be eligible for any other form of premium pay under this title, except as provided in section 5542(a)(7). (d) Treatment as basic pay Any pay received at the level 1 border patrol rate of pay or the level 2 border patrol rate of pay or pay described in subsection (b)(3)(B) shall be treated as part of basic pay for— (1) purposes of sections 5595(c), 8114(e), 8331(3), and 8704(c); (2) any other purpose that the Office of Personnel Management may by regulation prescribe; and (3) any other purpose expressly provided for by law. (e) Authority To require overtime work Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection to require a Border Patrol agent to perform hours of overtime work in accordance with the needs of U.S. Customs and Border Protection, including if needed in the event of a local or national emergency. . (c) Overtime work Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: (7) (A) In this paragraph, the term Border Patrol agent has the meaning given such term in section 5550. (B) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a Border Patrol agent who has in effect an election to be assigned to the level 1 border patrol rate of pay under section 5550(b)(1)(A)(i)— (i) except as provided in subparagraph (E), hours of work in excess of 100 hours during a 14-day biweekly pay period shall be overtime work; and (ii) the Border Patrol agent— (I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and (II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). (C) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a Border Patrol agent who has in effect an election to be eligible for the level 2 border patrol rate of pay under section 5550(b)(1)(A)(ii)— (i) except as provided in subparagraph (E), hours of work in excess of 90 hours during a 14-day biweekly pay period shall be overtime work; and (ii) the Border Patrol agent— (I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and (II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). (D) Notwithstanding the matter preceding paragraph (1) or paragraphs (1) and (2), for a Border Patrol agent who has in effect an election under section 5550(b)(1)(A)(iii)— (i) except as provided in subparagraph (E), hours of work in excess of 80 hours during a 14-day biweekly pay period shall be overtime work; and (ii) the Border Patrol agent— (I) shall receive pay at the overtime hourly rate of pay (as determined in accordance with paragraphs (1) and (2)) for hours of overtime work that are officially ordered or approved in advance of the work assignment; and (II) shall receive compensatory time off for any hours of overtime work that are not hours of overtime work described in subclause (I). (E) (i) Except as provided in clause (ii), during a 14-day biweekly pay period, a Border Patrol agent shall not perform and may not receive compensatory time off for more than 8 hours of overtime work. (ii) U.S. Customs and Border Protection may, as it determines appropriate, waive the limitation under clause (i) for hours of overtime work, but such waiver must be approved in advance of any work being performed that would be subject to compensatory time under subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II). (F) A Border Patrol agent— (i) may not earn more than 240 hours of compensatory time off during a year; and (ii) shall use any hours of compensatory time off not later than 1 year after the date on which the compensatory time off is accrued. . (d) Technical and conforming amendments (1) Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) ) is amended— (A) in paragraph (16), by striking or after the semicolon; (B) in paragraph (17), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (18) any employee who is a Border Patrol agent, as defined in section 5550(a) of title 5, United States Code. . (2) The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5549 the following: 5550. Border patrol rate of pay. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3463ih/xml/BILLS-113hr3463ih.xml |
113-hr-3464 | I 113th CONGRESS 1st Session H. R. 3464 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. LoBiondo (for himself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act with respect to discharges incidental to the normal operation of certain vessels.
1. Short title This Act may be cited as the Commercial Vessel Discharges Reform Act of 2013 . 2. Discharges incidental to the normal operation of a covered vessel (a) Discharges incidental to the normal operation of a covered vessel (1) No permit required Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Discharges incidental to the normal operation of a covered vessel No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for a discharge incidental to the normal operation of a covered vessel (as defined in section 312(p)). . (2) Best management practices for covered vessels Section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (p) Best management practices for covered vessels (1) Definitions In this subsection, the following definitions apply: (A) Covered vessel The term covered vessel means every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service (as defined under section 2101 of title 46, United States Code), and— (i) is less than 79 feet in length; or (ii) is a fishing vessel (as defined in section 2101 of title 46, United States Code), regardless of length of the vessel. (B) Discharge incidental to the normal operation of a covered vessel (i) In general The term discharge incidental to the normal operation of a covered vessel means— (I) a discharge into navigable waters from a covered vessel of— (aa) (AA) graywater (except graywater referred to in section 312(a)(6)), bilge water, cooling water, oil water separator effluent, anti-fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or (BB) any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a covered vessel; (bb) weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or (cc) any effluent from a properly functioning marine engine; or (II) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, and repair of a system, equipment, or an engine described in item (aa)(BB) or (cc) of subclause (I) whenever the covered vessel is waterborne. (ii) Exclusion The term discharge incidental to the normal operation of a covered vessel does not include— (I) a discharge into navigable waters from a covered vessel of— (aa) ballast water; (bb) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; (cc) oil or a hazardous substance within the meaning of section 311; or (dd) sewage within the meaning of section 312; (II) an emission of an air pollutant resulting from the operation onboard a covered vessel of a vessel propulsion system, motor driven equipment, or incinerator; or (III) a discharge into navigable waters from a covered vessel when the covered vessel is operating in a capacity other than as a means of transportation on water. (2) Determination of discharges subject to best management practices (A) Determination (i) In general The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, shall determine the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate the adverse impacts of such discharges on the waters of the United States. (ii) Promulgation The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code. (B) Considerations In making a determination under subparagraph (A), the Administrator shall consider— (i) the nature of the discharge; (ii) the environmental effects of the discharge, including characteristics of the receiving waters; (iii) the effectiveness of the best management practice in reducing adverse impacts of the discharge on water quality; (iv) the practicability of developing and using a best management practice; (v) the effect that the use of a best management practice would have on the operation, operational capability, or safety of the vessel; (vi) applicable Federal and State law; (vii) applicable international standards; and (viii) the economic costs of the use of the best management practice. (C) Timing The Administrator shall— (i) make initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and (ii) every 5 years thereafter— (I) review the determinations; and (II) if necessary, revise the determinations based on any new information available to the Administrator. (3) Regulations for the use of best management practices (A) In general The Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, shall promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable to develop under paragraph (2). (B) Regulations (i) In general The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator makes determinations pursuant to paragraph (2). (ii) Considerations In promulgating regulations under this paragraph, the Secretary may— (I) distinguish among classes, types, and sizes of vessels; (II) distinguish between new and existing vessels; and (III) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. (4) Effect of other laws This subsection shall not affect the application of section 311 to a covered vessel. (5) Prohibition relating to covered vessels After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (3), the owner or operator of a covered vessel shall neither operate in, nor discharge any discharge incidental to the normal operation of the vessel into, navigable waters, if the owner or operator of the vessel is not using any applicable best management practice meeting standards established under this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3464ih/xml/BILLS-113hr3464ih.xml |
113-hr-3465 | I 113th CONGRESS 1st Session H. R. 3465 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Sensenbrenner (for himself, Mr. Coble , Mr. Chabot , Mr. Danny K. Davis of Illinois , Mr. Conyers , Mr. Scott of Virginia , Mr. Bachus , Ms. Fudge , Mr. Johnson of Georgia , Mr. Stockman , Mr. Joyce , Mr. Cummings , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reauthorize the Second Chance Act of 2007.
1. Short title This Act may be cited as the Second Chance Reauthorization Act of 2013 . 2. Improvements to existing programs (a) Reauthorization of adult and juvenile offender State and local demonstration projects Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) by striking subsection (a) and inserting the following: (a) Grant authorization The Attorney General shall make grants to States, local governments, territories, or Indian tribes, or any combination thereof (in this section referred to as an eligible entity ), in partnership with interested persons (including Federal corrections and supervision agencies), services providers, and nonprofit organizations for the purpose of strategic planning and implementation of adult and juvenile offender reentry projects. ; (2) in subsection (b)— (A) in paragraph (3), by inserting or reentry courts, after community, ; (B) in paragraph (6), by striking and at the end; (C) in paragraph (7), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (8) promoting employment opportunities consistent with the Transitional Jobs strategy (as defined in section 4 of the Second Chance Act of 2007 ( 42 U.S.C. 17502 )). ; (3) by striking subsections (d), (e), and (f) and inserting the following: (d) Combined grant application; priority consideration (1) In general The Attorney General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f). (2) Priority consideration The Attorney General shall give priority consideration to grant applications under subsections (e) and (f) that include a commitment by the applicant to partner with a local evaluator to identify and analyze data that will— (A) enable the grantee to target the intended offender population; and (B) serve as a baseline for purposes of the evaluation. (e) Planning grants (1) In general Except as provided in paragraph (3), the Attorney General may make a grant to an eligible entity of not more than $75,000 to develop a strategic, collaborative plan for an adult or juvenile offender reentry demonstration project as described in subsection (h) that includes— (A) a budget and a budget justification; (B) a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public health; (C) the activities proposed; (D) a schedule for completion of the activities described in subparagraph (C); and (E) a description of the personnel necessary to complete the activities described in subparagraph (C). (2) Maximum total grants and geographic diversity (A) Maximum amount The Attorney General may not make planning grants and implementation grants to 1 eligible entity in a total amount that is more than a $1,000,000. (B) Geographic diversity The Attorney General shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations, including rural and tribal communities. (3) Period of grant A planning grant made under this subsection shall be for a period of not longer than 1 year, beginning on the first day of the month in which the planning grant is made. (f) Implementation grants (1) Applications An eligible entity desiring an implementation grant under this subsection shall submit to the Attorney General an application that— (A) contains a reentry strategic plan as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans of the applicant to fund the program after Federal funding is discontinued; (B) identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry strategy of the applicant, and certifies the involvement of such agencies and organizations; (C) describes the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this subsection, and specifically explains how such measurements will provide valid measures of the impact of that program; and (D) describes how the project could be broadly replicated if demonstrated to be effective. (2) Requirements The Attorney General may make a grant to an applicant under this subsection only if the application— (A) reflects explicit support of the chief executive officer, or their designee, of the State, unit of local government, territory, or Indian tribe applying for a grant under this subsection; (B) provides extensive discussion of the role of Federal corrections, State corrections departments, community corrections agencies, juvenile justice systems, and tribal or local jail systems in ensuring successful reentry of offenders into their communities; (C) provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, substance abuse, victims services, and employment services, and with local law enforcement agencies; (D) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community; (E) includes the use of a State, local, territorial, or tribal task force, described in subsection (i), to carry out the activities funded under the grant; (F) provides a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h); and (G) demonstrates that the applicant participated in the planning grant process or engaged in comparable planning for the reentry project. (3) Priority considerations The Attorney General shall give priority to grant applications under this subsection that best— (A) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and juvenile facilities; (B) include— (i) input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application; (ii) consultation with crime victims and offenders who are released from prisons, jails, and juvenile facilities; (iii) coordination with families of offenders; (iv) input, where appropriate, from the juvenile justice coordinating council of the region; (v) input, where appropriate, from the reentry coordinating council of the region; and (vi) other interested persons, as appropriate; (C) demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous reentry, including— (i) planning for prerelease transitional housing and community release that begins upon admission for juveniles and jail inmates, and, as appropriate, for prison inmates, depending on the length of the sentence; (ii) establishing prerelease planning procedures to ensure that the eligibility of an offender for Federal, tribal, or State benefits upon release is established prior to release, subject to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services, including assistance identifying and securing suitable housing; and (iii) delivery of continuous and appropriate mental health services, drug treatment, medical care, job training and placement, educational services, vocational services, and any other service or support needed for reentry; (D) review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law); (E) provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs; (F) target moderate and high-risk offenders for reentry programs through validated assessment tools; and (G) target offenders with histories of homelessness, substance abuse, or mental illness, including a prerelease assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination with mental health, substance abuse, and homelessness services systems to achieve stable and permanent housing outcomes with appropriate support service. (4) Amount The amount of a grant made under this subsection may not be more than $925,000. (5) Period of grant A grant made under this subsection shall be effective for a 2-year period— (A) beginning on the date on which the planning grant awarded under subsection (e) concludes; or (B) in the case of an implementation grant awarded to an eligible entity that did not receive a planning grant, beginning on the date on which the implementation grant is awarded. ; (4) in subsection (h)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by striking paragraph (1) and inserting the following: (1) In general As a condition of receiving financial assistance under subsection (f), each application shall develop a comprehensive reentry strategic plan that— (A) contains a plan to assess inmate reentry needs and measurable annual and 3-year performance outcomes; (B) uses, to the maximum extent possible, randomly assigned and controlled studies, or rigorous quasi-experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant under subsection (f); and (C) includes as a goal of the plan to reduce the rate of recidivism for offenders released from prison, jail or a juvenile facility with funds made available under subsection (f). (2) Local evaluator A partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a feasible and meaningful target goal for recidivism reduction during the 3-year period beginning on the date of implementation of the program. ; (5) in subsection (i)(1)— (A) in the matter preceding subparagraph (A), by striking under this section and inserting under subsection (f) ; and (B) in subparagraph (B), by striking subsection (e)(4) and inserting subsection (f)(2)(D) ; (6) in subsection (j)— (A) in paragraph (1), by inserting for an implementation grant under subsection (f) after applicant ; (B) in paragraph (2)— (i) in subparagraph (E), by inserting , where appropriate after support ; and (ii) by striking subparagraphs (F), (G), and (H), and inserting the following: (F) increased number of staff trained to administer reentry services; (G) increased proportion of individuals served by the program among those eligible to receive services; (H) increased number of individuals receiving risk screening needs assessment, and case planning services; (I) increased enrollment in, and completion of treatment services, including substance abuse and mental health services among those assessed as needing such services; (J) increased enrollment in and degrees earned from educational programs, including high school, GED, vocational training, and college education; (K) increased number of individuals obtaining and retaining employment; (L) increased number of individuals obtaining and maintaining housing; (M) increased self-reports of successful community living, including stability of living situation and positive family relationships; (N) reduction in drug and alcohol use; and (O) reduction in recidivism rates for individuals receiving reentry services after release, as compared to either baseline recidivism rates in the jurisdiction of the grantee or recidivism rates of the control or comparison group. ; (C) in paragraph (3), by striking facilities. and inserting facilities, including a cost-benefit analysis to determine the cost effectiveness of the reentry program. ; (D) in paragraph (4), by striking this section and inserting subsection (f) ; and (E) in paragraph (5), by striking this section and inserting subsection (f) ; (7) in subsection (k)(1), by striking this section each place the term appears and inserting subsection (f) ; (8) in subsection (l)— (A) in paragraph (2), by inserting beginning on the date on which the most recent implementation grant is made to the grantee under subsection (f) after 2-year period ; and (B) in paragraph (4), by striking over a 2-year period and inserting during the 2-year period described in paragraph (2) ; (9) in subsection (o)(1), by striking appropriated and all that follows and inserting the following: appropriated $35,000,000 for each of fiscal years 2014 through 2018. ; and (10) by adding at the end the following: (p) Definition In this section, the term reentry court means a program that— (1) monitors juvenile and adult eligible offenders reentering the community; (2) provides continual judicial supervision; (3) provides juvenile and adult eligible offenders reentering the community with coordinated and comprehensive reentry services and programs, such as— (A) drug and alcohol testing and assessment for treatment; (B) assessment for substance abuse from a substance abuse professional who is approved by the State or Indian tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; (C) substance abuse treatment from a provider that is approved by the State or Indian tribe, and licensed, if necessary, to provide medical and other health services; (D) health (including mental health) services and assessment; (E) aftercare and case management services that— (i) facilitate access to clinical care and related health services; and (ii) coordinate with such clinical care and related health services; and (F) any other services needed for reentry; (4) convenes community impact panels, victim impact panels, or victim impact educational classes; (5) provides and coordinates the delivery of community services to juvenile and adult eligible offenders, including— (A) housing assistance; (B) education; (C) job training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (6) establishes and implements graduated sanctions and incentives. . (b) Grants for family-Based substance abuse treatment Part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s et seq. ) is amended— (1) in section 2921 ( 42 U.S.C. 3797s ), in the matter preceding paragraph (1), by inserting nonprofit organizations, before and Indian ; (2) in section 2923 ( 42 U.S.C. 3797s–2 ), by adding at the end the following: (c) Priority considerations The Attorney General shall give priority consideration to grant applications for grants under section 2921 that are submitted by a nonprofit organization that demonstrates a relationship with State and local criminal justice agencies, including— (1) within the judiciary and prosecutorial agencies; or (2) with the local corrections agencies, which shall be documented by a written agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations. ; and (3) by striking section 2926(a) ( 42 U.S.C. 3797s–5(a) ), and inserting the following: (a) In general There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2014 through 2018. . (c) Grant program To evaluate and improve educational methods at prisons, jails, and juvenile facilities Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended— (1) by redesignating part KK ( 42 U.S.C. 3797ee et seq. ) as part LL; (2) by redesignating the second part designated as part JJ, as added by the Second Chance Act of 2007 ( Public Law 110–199 ; 122 Stat. 677), relating to grants to evaluate and improve educational methods, as part KK; (3) by redesignating the second section designated as section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd–1), as added by the Second Chance Act of 2007 ( Public Law 110–199 ; 122 Stat. 677), relating to grants to evaluate and improve educational methods, as sections 3005 and 3006, respectively; (4) in section 3005, as so redesignated— (A) in subsection (a)— (i) in paragraph (2), by striking and at the end; (ii) in paragraph (3), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (4) implement methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities consistent with the best practices identified in subsection (c). ; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b), the following: (c) Best practices Not later than 180 days after the date of enactment of the Second Chance Reauthorization Act of 2013 , the Attorney General shall identify and publish best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities. The best practices shall consider the evaluations performed and recommendations made under grants made under subsection (a) before the date of enactment of the Second Chance Reauthorization Act of 2013 . ; and (5) in section 3006, as so redesignated, by striking to carry and all that follows through 2010 and inserting for each of fiscal years 2014, 2015, 2016, 2017, and 2018 for grants for purposes described in section 3005(a)(4) . (d) Careers training demonstration grants Section 115 of the Second Chance Act of 2007 ( 42 U.S.C. 17511 ) is amended— (1) in subsection (a)— (A) by striking and Indian and inserting nonprofit organizations, and Indian ; and (B) by striking technology career training to prisoners and inserting career training, including subsidized employment, when part of a training program, to prisoners and reentering youth and adults ; (2) in subsection (b)— (A) by striking technology careers training ; (B) by striking technology-based ; and (C) by inserting , as well as upon transition and reentry into the community after facility ; (3) by striking subsections (c) and (e); (4) by inserting after subsection (b) the following: (c) Priority consideration Priority consideration shall be given to any application under this section that— (1) provides assessment of local demand for employees in the geographic areas to which offenders are likely to return; (2) conducts individualized reentry career planning upon the start of incarceration or post-release employment planning for each offender served under the grant; (3) demonstrates connections to employers within the local community; or (4) tracks and monitors employment outcomes. ; and (5) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018. . (e) Offender reentry substance abuse and criminal justice collaboration program Section 201(f)(1) of the Second Chance Act of 2007 ( 42 U.S.C. 17521(f)(1) ) is amended to read as follows: (1) In general There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. . (f) Community-Based mentoring and transitional service grants to nonprofit organizations (1) In general Section 211 of the Second Chance Act of 2007 ( 42 U.S.C. 17531 ) is amended— (A) in the header, by striking Mentoring grants to nonprofit organizations and inserting Community-based mentoring and transitional service grants to nonprofit organizations ; (B) in subsection (a), by striking mentoring and other ; (C) in subsection (b), by striking paragraph (2) and inserting the following: (2) transitional services to assist in the reintegration of offenders into the community, including— (A) educational, literacy, and vocational, services and the Transitional Jobs strategy; (B) substance abuse treatment and services; (C) coordinated supervision and comprehensive services for offenders, including housing and mental and physical health care; (D) family services; and (E) validated assessment tools to assess the risk factors of returning inmates; and ; and (D) in subsection (f), by striking this section and all that follows and inserting the following: this section $15,000,000 for fiscal years 2014 through 2018. . (2) Table of contents amendment The table of contents in section 2 of the Second Chance Act of 2007 ( 42 U.S.C. 17501 note) is amended by striking the item relating to section 211 and inserting the following: Sec. 211. Community-based mentoring and transitional service grants. . (g) Definitions (1) In general Section 4 of the Second Chance Act of 2007 ( 42 U.S.C. 17502 ) is amended to read as follows: 4. Definitions In this Act— (1) the term exoneree means an individual who— (A) has been convicted of a Federal, tribal, or State offense that is punishable by a term of imprisonment of more than 1 year; (B) has served a term of imprisonment for not less than 6 months in a Federal, tribal, or State prison or correctional facility as a result of the conviction described in subparagraph (A); and (C) has been determined to be factually innocent of the offense described in subparagraph (A); (2) the term Indian tribe has the meaning given in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791 ); (3) the term offender includes an exoneree; and (4) the term Transitional Jobs strategy means an employment strategy for youth and adults who are chronically unemployed or those that have barriers to employment that— (A) is conducted by State, tribal, and local governments, State, tribal, and local workforce boards, and nonprofit organizations; (B) provides time-limited employment using individual placements, team placements, and social enterprise placements, without displacing existing employees; (C) pays wages in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State or local minimum wage law, which are subsidized, in whole or in part, by public funds; (D) combines time-limited employment with activities that promote skill development, remove barriers to employment, and lead to unsubsidized employment such as a thorough orientation and individual assessment, job readiness and life skills training, case management and supportive services, adult education and training, child support-related services, job retention support and incentives, and other similar activities; (E) places participants into unsubsidized employment; and (F) provides job retention, re-employment services, and continuing and vocational education to ensure continuing participation in unsubsidized employment and identification of opportunities for advancement. . (2) Table of contents amendment The table of contents in section 2 of the Second Chance Act of 2007 ( 42 U.S.C. 17501 note) is amended by striking the item relating to section 4 and inserting the following: Sec. 4. Definitions. . (h) Extension of the length of section 2976 grants Section 6(1) of the Second Chance Act of 2007 ( 42 U.S.C. 17504(1) ) is amended by inserting or under section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) after and 212 . 3. Audit and accountability of grantees (a) Definition In this section, the term unresolved audit finding means an audit report finding or recommendation that a grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 1-year period beginning on the date of an initial notification of the finding or recommendation. (b) Audit requirement Beginning in fiscal year 2013, and every 3 years thereafter, the Inspector General of the Department of Justice shall conduct an audit of not less than 5 percent of all grantees that are awarded funding under— (1) section 2976(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w(b) ); (2) part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797q et seq. ), as amended by this Act; (3) part DD of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s et seq. ); (4) part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797dd et seq. ); or (5) section 115, 201, or 211 of the Second Chance Act of 2007 ( 42 U.S.C. 17511 , 17521, and 17531). (c) Mandatory exclusion A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under the grant programs described in paragraphs (1) through (5) of subsection (b) in the fiscal year following the fiscal year to which the finding relates. (d) Priority of grant awards The Attorney General, in awarding grants under the programs described in paragraphs (1) through (5) of subsection (b) shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding. 4. Federal reentry improvements (a) Responsible reintegration of offenders Section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ) is repealed. (b) Federal prisoner reentry initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (g)— (A) in paragraph (3), by striking carried out during fiscal years 2009 and 2010 and inserting carried out during fiscal years 2014 through 2018 ; and (B) in paragraph (5)(A)— (i) in clause (i), by striking 65 years and inserting 60 years ; and (ii) in clause (ii), by striking or 75 percent and inserting or 2/3 ; (2) by striking subsection (h); (3) by redesignating subsection (i) as subsection (h); and (4) in subsection (h), as so redesignated, by striking 2009 and 2010 and inserting 2014 through 2018 . (c) Enhancing reporting requirements pertaining to community corrections Section 3624(c) of title 18, United States Code, is amended— (1) in paragraph (5), in the second sentence, by inserting , and number of prisoners not being placed in community corrections facilities for each reason set forth before , and any other information ; and (2) in paragraph (6), by striking the Second Chance Act of 2007 and inserting the Second Chance Reauthorization Act of 2013 . (d) Termination of study on effectiveness of depot naltrexone for heroin addiction Section 244 of the Second Chance Act of 2007 ( 42 U.S.C. 17554 ) is repealed. (e) Authorization of appropriations for research Section 245 of the Second Chance Act of 2007 ( 42 U.S.C. 17555 ) is amended— (1) by striking 243, and 244 and inserting and 243 ; and (2) by striking $10,000,000 for each of the fiscal years 2009 and 2010 and inserting $5,000,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018 . (f) Federal prisoner recidivism reduction programming enhancement (1) In general Section 3621 of title 18, United States Code, is amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: (g) Partnerships To expand access to reentry programs proven To reduce recidivism (1) Definition The term demonstrated to reduce recidivism means that the Director of Bureau of Prisons has determined that appropriate research has been conducted and has validated the effectiveness of the type of program on recidivism. (2) Eligibility for recidivism reduction partnership A faith-based or community-based nonprofit organization that provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-based facility operated by the Bureau of Prisons. (3) Recidivism reduction partnerships The Director of the Bureau of Prisons shall develop policies to require wardens of prisons and community-based facilities to enter into recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, on a volunteer basis, programs described in paragraph (2). (4) Reporting requirement The Director of the Bureau of Prisons shall submit to Congress an annual report on the last day of each fiscal year that— (A) details, for each prison and community-based facility for the fiscal year just ended— (i) the number of recidivism reduction partnerships under this section that were in effect; (ii) the number of volunteers that provided recidivism reduction programming; and (iii) the number of recidivism reduction programming hours provided; and (B) explains any disparities between facilities in the numbers reported under subparagraph (A). . (2) Effective date The amendments made by paragraph (1) shall take effect 180 days after the date of enactment of this Act. (g) Repeals (1) Section 2978 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w–2 ) is repealed. (2) Part CC of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797q et seq. ) is repealed. 5. Task Force on Federal programs and activities relating to reentry of offenders (a) Task Force Required The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, States, tribal, and local governments, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community (referred to in this section as the Task Force ). (b) Duties The Task Force shall— (1) identify such programs and activities that may be resulting in overlap or duplication of services, the scope of such overlap or duplication, and the relationship of such overlap and duplication to public safety, public health, and effectiveness and efficiency; (2) identify methods to improve collaboration and coordination of such programs and activities; (3) identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency; (4) develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders; (5) develop methods for increasing regular communication among agencies that would increase interagency program effectiveness; (6) identify areas of research that can be coordinated across agencies with an emphasis on applying evidence-based practices to support, treatment, and intervention programs for reentering offenders; (7) identify funding areas that should be coordinated across agencies and any gaps in funding; and (8) in collaboration with the National Adult and Juvenile Offender Reentry Resources Center, identify successful programs currently operating and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, nonprofit organizations, and others. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Task Force shall submit a report, including recommendations, to Congress on barriers to reentry. (2) Contents The report required under paragraph (1) shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including— (A) admissions and evictions from Federal housing programs; (B) child support obligations and procedures; (C) Social Security benefits, veterans benefits, food stamps, and other forms of Federal public assistance; (D) Medicaid Program and Medicare Program procedures, requirements, regulations, and guidelines; (E) education programs, financial assistance, and full civic participation; (F) Temporary Assistance for Needy Families program funding criteria and other welfare benefits; (G) employment and training; (H) reentry procedures, case planning, and transitions of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections; (I) laws, regulations, rules, and practices that may require a parolee to return to the same county that they were living in before their arrest and therefore prevent offenders from changing their setting upon release; and (J) trying to establish pre-release planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are referred to appropriate nonprofit organizations. (d) Updated reports On an annual basis, the Task Force shall submit to Congress an updated report on the activities of the Task Force, including specific recommendations on issues described in subsections (b) and (c). | https://www.govinfo.gov/content/pkg/BILLS-113hr3465ih/xml/BILLS-113hr3465ih.xml |
113-hr-3466 | I 113th CONGRESS 1st Session H. R. 3466 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Jones (for himself, Mr. Price of North Carolina , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to apply the prohibition against the conversion of contributions to personal use to contributions accepted by political committees.
1. Short title This Act may be cited as the No Political Funds for Personal Use Act . 2. Application of prohibition against conversion of contributions to personal use to contributions accepted by political committees (a) Prohibiting Conversion to Personal Use Section 313(b) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a(b) ) is amended— (1) in paragraph (1), by inserting or a receipt of any other political committee after subsection (a) ; (2) in paragraph (2), by striking contribution or donation and inserting contribution, donation, or receipt ; and (3) in paragraph (2), by striking the candidate’s election campaign or individual’s duties as a holder of Federal office, and inserting the following: the candidate’s election campaign, the individual’s duties as a holder of Federal office, or the political committee’s political activities (as the case may be), . (b) Effective Date The amendments made by this section shall apply with respect to contributions or donations accepted on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3466ih/xml/BILLS-113hr3466ih.xml |
113-hr-3467 | I 113th CONGRESS 1st Session H. R. 3467 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Ms. Slaughter (for herself, Mr. Jones , Ms. DeLauro , Mr. DeFazio , Mr. Tonko , Mr. Michaud , Mr. Conyers , Ms. Kaptur , Mr. McGovern , Mr. Tierney , Mr. Johnson of Georgia , Mr. Higgins , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements.
1. Short title This Act may be cited as the Reciprocal Market Access Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) One of the fundamental tenets of the World Trade Organization (WTO) is reciprocal market access. This principle is underscored in the Marrakesh Agreement Establishing the World Trade Organization which called for entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations . (2) The American people have a right to expect that the promises that trade negotiators and policy makers offer in terms of the market access opportunities that will be available to United States businesses and their employees if trade agreements are reached, will, in fact, be realized. A results-oriented approach must form the basis of future trade negotiations that includes verification procedures to ensure that the promised market access is achieved and that reciprocal trade benefits result. (3) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (4) The United States market is widely recognized as one of the most open markets in the world. Average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (5) Often the only leverage the United States has to obtain the reduction or elimination of nontariff barriers imposed by foreign countries is to negotiate the amount of tariffs the United States imposes on imports from those foreign countries. (6) Under the current negotiating process, negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained, meaning that tradeoffs are tariff-for-tariff and nontariff-for-nontariff. As a result, a tariff can be reduced or eliminated without securing elimination of the real barrier or barriers that deny United States businesses access to a foreign market. (b) Purpose The purpose of this Act is to require that United States trade negotiations achieve measurable results for United States businesses by ensuring that trade agreements result in expanded market access for United States exports and not solely the elimination of tariffs on goods imported into the United States. 3. Limitation on authority to reduce or eliminate rates of duty pursuant to certain trade agreements (a) Limitation Notwithstanding any other provision of law, on or after the date of the enactment of this Act, the President may not agree to a modification of an existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country until the President transmits to Congress a certification described in subsection (b). (b) Certification A certification referred to in subsection (a) is a certification by the President that— (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of the government of a foreign country described in subsection (a) with respect to United States exports of any product identified by United States domestic producers as having the same physical characteristics and uses as the product for which a modification of an existing duty is sought by the President as described in subsection (a); and (2) a violation of any provision of the trade agreement described in subsection (a) relating to the matters described in paragraph (1) is immediately enforceable in accordance with the provisions of section 4. 4. Enforcement provisions (a) Withdrawal of tariff concessions If the President does agree to a modification described in section 3(a), and the Interagency Trade Enforcement Center determines pursuant to subsection (c) that— (1) a tariff or nontariff barrier or policy or practice of the government of a foreign country described in section 3(a) has not been reduced or eliminated, or (2) a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered, the United States Trade Representative shall withdraw the modification until such time as the President transmits to Congress a certification described in section 3(b)(1). (b) Investigation (1) In general The Interagency Trade Enforcement Center, in coordination with the Department of Labor, shall initiate an investigation if an interested party files a petition with the Interagency Trade Enforcement Center which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined For purposes of paragraph (1), the term interested party means— (A) a manufacturer, producer, or wholesaler in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; or (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by ITEC Not later than 45 days after the date on which a petition is filed under subsection (b), the Interagency Trade Enforcement Center shall— (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination. (d) Definition In this section, the term Interagency Trade Enforcement Center means the Interagency Trade Enforcement Center established under section 2 of Executive Order 13601 (77 Fed. Reg. 12981; February 28, 2012). 5. Market access assessment by United States International Trade Commission (a) In general With respect to any proposed trade agreement in which the President seeks a modification of an existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country, the United States International Trade Commission shall initiate an investigation and report as to the possible market access opportunities of the modification or elimination of foreign tariff and nontariff measures for United States industries producing and exporting similar products. In preparing its report, the International Trade Commission shall identify the tariff and nontariff measures for such products and the expected opportunities for United States exports. (b) Consultation In preparing its report under subsection (a), the United States International Trade Commission shall, as appropriate, seek to obtain relevant information from domestic producers of similar products, industry associations, government representatives, and other interested organizations. (c) Report (1) In general Not later than 240 days after the President notifies Congress of his intent to enter into negotiations for a proposed trade agreement described in subsection (a), or not later than 45 days after the President notifies Congress of his intent to enter into a trade agreement, whichever occurs first, the United States International Trade Commission shall submit to the United States Trade Representative, the Secretary of Commerce, and Congress the report required under subsection (a). (2) Form Such report shall be submitted in unclassified form, but may contain a classified annex, if necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr3467ih/xml/BILLS-113hr3467ih.xml |
113-hr-3468 | I 113th CONGRESS 1st Session H. R. 3468 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Royce (for himself, Mr. Perlmutter , Mr. Gary G. Miller of California , and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Credit Union Act to extend insurance coverage to amounts held in a member account on behalf of another person, and for other purposes.
1. Short title This Act may be cited as the Credit Union Share Insurance Fund Parity Act . 2. Insurance of amounts held on behalf of others Section 207(k)(1) of the Federal Credit Union Act ( 12 U.S.C. 1787(k)(1) ) is amended— (1) in subparagraph (A), by inserting after deposits in the name of the member the following: or held in the member’s account on behalf of another person ; and (2) in subparagraph (C), by striking the period and inserting the following: , or where a member holds funds for the use of a nonmember. Coverage for an account established by a member shall be consistent with that of the Federal Deposit Insurance Corporation regardless of the membership status of the owner of the funds that are deposited in an account established by a credit union member. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3468ih/xml/BILLS-113hr3468ih.xml |
113-hr-3469 | I 113th CONGRESS 1st Session H. R. 3469 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Issa (for himself, Ms. Duckworth , Mr. Brady of Pennsylvania , Ms. Brownley of California , Mr. Cárdenas , Mr. Cicilline , Ms. Clarke , Mr. Crowley , Mr. Danny K. Davis of Illinois , Mr. Enyart , Mr. Al Green of Texas , Mr. Grijalva , Mr. Gutiérrez , Ms. Hanabusa , Mr. Nolan , Mrs. Napolitano , Mr. Murphy of Florida , Ms. Meng , Mr. Matheson , Mr. Lowenthal , Mr. Lewis , Mr. Langevin , Mr. Kildee , Ms. Kelly of Illinois , Ms. Jackson Lee , Mr. Horsford , Mr. Honda , Ms. Norton , Mr. Peterson , Mr. Rangel , Ms. Schakowsky , Mr. Schiff , Ms. Shea-Porter , Ms. Sinema , Ms. Slaughter , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Ms. Tsongas , Mr. Shuster , Mr. Smith of Washington , Mr. Rigell , Mr. LaMalfa , Mr. Grimm , Mr. Crawford , Mr. Cook , Mr. Cole , Mr. Bishop of Utah , Mr. Bentivolio , Mrs. Noem , Mr. Calvert , Mr. Rodney Davis of Illinois , Mr. Richmond , Ms. Waters , Ms. Bordallo , Mr. Courtney , Mrs. Walorski , and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , 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 and 38, United States Code, to clarify the veteran status of an individual based on the attendance of the individual at a preparatory school of a service academy, and for other purposes.
1. Short title This Act may be cited as the Support Earned Recognition for Veterans Act or the SERV Act . 2. Clarification of veteran status (a) Clarification of definition of military service Section 101 of title 38, United States Code, is amended— (1) in paragraph (21)(D), by inserting after Naval Academy the following: (but, except for purposes of chapter 17 of this title in accordance with section 107(e)(2), does not include any service performed by a student at a preparatory school of a service academy who is not otherwise a member of the Armed Forces) ; (2) in paragraph (22), by inserting before the period at the end the following: or, except for purposes of chapter 17 of this title in accordance with section 107(e)(2), duty performed by a student at a preparatory school of a service academy who is not otherwise a member of the Armed Forces ; and (3) in paragraph (23), by adding after the period at the end the following: Except for purposes of chapter 17 of this title in accordance with section 107(e)(2), such term does not include duty performed by a student at a preparatory school of a service academy who is not otherwise a member of the Armed Forces. . (b) Service deemed not To be active service Section 107 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) (1) Except as provided by paragraph (2), duty performed by a student at a preparatory school of a service academy who is not otherwise a member of the Armed Forces shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary, regardless of whether the student was injured or disabled as a result of such duty. (2) Chapter 17 of this title shall apply to an individual described in paragraph (1) with respect to furnishing hospital care and medical services solely for an injury or disability incurred by the individual as a result of military training related to future active duty service performed as a student during the course of required training at a preparatory school of a service academy. An individual who receives such care and services under this paragraph may not be treated as a veteran for the purposes of any other provision of law solely by reason of receiving such care and services under this paragraph. . (c) Small business concerns Section 8127(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: (3) The term veteran , in accordance with sections 101 and 107 of this title, does not include an individual whose veteran status is based solely on the attendance of the individual as a student at a preparatory school of a service academy, regardless of whether the individual was injured or disabled as a result of duty performed as such a student. . (d) Preference eligible Section 2108 of title 5, United States Code, is amended— (1) in paragraph (4)(B), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (6) an individual whose veteran status is based solely on the attendance of the individual as a student at a preparatory school of a service academy, regardless of whether the individual was injured or disabled as a result of duty performed as such a student, may not be treated as a veteran , disabled veteran , or preference eligible . . | https://www.govinfo.gov/content/pkg/BILLS-113hr3469ih/xml/BILLS-113hr3469ih.xml |
113-hr-3470 | I 113th CONGRESS 1st Session H. R. 3470 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Royce (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for the transfer of naval vessels to certain foreign countries, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Naval Vessel Transfer and Arms Export Control Amendments Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Title I—Transfer of naval vessels to certain foreign recipients Sec. 101. Transfer of naval vessels to certain foreign recipients. Title II—Arms Export Control Act amendments Sec. 201. Increase in congressional notification thresholds. Sec. 202. Licensing of certain commerce-controlled items. Sec. 203. Amendments relating to removal of items from the United States Munitions List. Sec. 204. Amendment to definition of security assistance under the Foreign Assistance Act of 1961. Sec. 205. Amendments to definitions of defense article and defense service under the Arms Export Control Act. Sec. 206. Revision of statutory references to former NATO support organizations and related NATO agreements. Sec. 207. Technical amendments. I Transfer of naval vessels to certain foreign recipients 101. Transfer of naval vessels to certain foreign recipients (a) Transfers by grant The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j ), as follows: (1) Mexico To the Government of Mexico, the OLIVER HAZARD PERRY class guided missile frigates USS CURTS (FFG–38) and USS MCCLUSKY (FFG–41). (2) Thailand To the Government of Thailand, the OLIVER HAZARD PERRY class guided missile frigates USS RENTZ (FFG–46) and USS VANDEGRIFT (FFG–48). (b) Transfer by sale The President is authorized to transfer the OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG–50), USS GARY (FFG–51), USS CARR (FFG–52), and USS ELROD (FFG–55) to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act ( 22 U.S.C. 3309(a) )) on a sale basis under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ). (c) Alternative transfer authority Notwithstanding the authority provided in subsections (a) and (b) to transfer specific vessels to specific countries, the President is authorized, subject to the same conditions that would apply for such country under this Act, to transfer any vessel named in this Act to any country named in this Act such that the total number of vessels transferred to such country does not exceed the total number of vessels authorized for transfer to such country by this Act. (d) Grants not counted in annual total of transferred excess defense articles The value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (a) or (c) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j ). (e) Costs of transfers Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(e) ). (f) Repair and refurbishment in united states shipyards To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. (g) Expiration of authority The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. II Arms Export Control Act amendments 201. Increase in congressional notification thresholds (a) Foreign military sales (1) In general Section 36(b)(1) of the Arms Export Control Act ( 22 U.S.C. 2776(b)(1) ) is amended— (A) in the matter preceding subparagraph (A)— (i) by striking $50,000,000 and inserting $100,000,000 ; (ii) by striking $200,000,000 and inserting $300,000,000 ; and (iii) by striking $14,000,000 and inserting $25,000,000 ; and (B) in the matter following subparagraph (P)— (i) by inserting of any defense articles or defense services under this Act for $200,000,000 or more, any design and construction services for $300,000,000 or more, or any major defense equipment for $75,000,000 or more, after The letter of offer shall not be issued, with respect to a proposed sale ; and (ii) by inserting of any defense articles or services under this Act for $100,000,000 or more, any design and construction services for $200,000,000 or more, or any major defense equipment for $50,000,000 or more, after or with respect to a proposed sale . (2) Technical and conforming amendments Section 36(b) of the Arms Export Control Act ( 22 U.S.C. 2776(b) ) is amended— (A) in paragraph (1), by striking Subject to paragraph (6), in and inserting In ; (B) in paragraph (5)(C), by striking Subject to paragraph (6), if and inserting If ; and (C) by striking paragraph (6). (b) Commercial sales Section 36(c) of the Arms Export Control Act ( 22 U.S.C. 2776(c) ) is amended— (1) in paragraph (1)— (A) by striking Subject to paragraph (5), in and inserting In ; (B) by striking $14,000,000 and inserting $25,000,000 ; and (C) by striking $50,000,000 and inserting $100,000,000 ; (2) in paragraph (2)— (A) in subparagraph (A), by inserting after for an export the following: of any major defense equipment sold under a contract in the amount of $75,000,000 or more or of defense articles or defense services sold under a contract in the amount of $200,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more) ; and (B) in subparagraph (C), by inserting after license the following: for an export of any major defense equipment sold under a contract in the amount of $50,000,000 or more or of defense articles or defense services sold under a contract in the amount of $100,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more) ; (3) by striking paragraph (5); and (4) by redesignating paragraph (6) as paragraph (5). 202. Licensing of certain commerce-controlled items Section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: (k) Licensing of certain commerce-Controlled items (1) In general A license or other approval from the Department of State granted in accordance with this section may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List. (2) Other requirements The following requirements shall apply with respect to a license or other approval to authorize the export of items subject to the Export Administration Regulations under paragraph (1): (A) Separate approval from the Department of Commerce shall not be required for such items if such items are approved for export under a Department of State license or other approval. (B) Such items subject to the Export Administration Regulations that are exported pursuant to a Department of State license or other approval would remain under the jurisdiction of the Department of Commerce with respect to any subsequent transactions. (C) The inclusion of the term subject to the EAR or any similar term on a Department of State license or approval shall not affect the jurisdiction with respect to such items. (3) Definition In this subsection, the term Export Administration Regulations means— (A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) any successor regulations. . 203. Amendments relating to removal of items from the United States Munitions List (a) Requirements for removal of major defense equipment and significant military equipment from the united states munitions list Section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) is amended by adding at the end the following: (5) (A) Except as provided in subparagraph (B), the President shall take such actions as may be necessary to ensure that any major defense equipment or significant military equipment that is removed from the United States Munitions List and transferred to the Commerce Control List for purposes of commercial export is not subsequently modified so as to transform such equipment into a defense article. (B) The President may authorize the transformation of major defense equipment or significant military equipment that is removed from the United States Munitions List and transferred to the Commerce Control List for purposes of commercial export into a defense article if the President— (i) determines that such transformation is appropriate and in the national interests of the United States; and (ii) provides notice of such transformation to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate consistent with the notification requirements of section 36(b)(5)(A) of this Act. (C) In this paragraph— (i) the term Commerce Control List means— (I) items transferred from the United States Munitions List to the Commerce Control List and designated as 600 series items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 Fed. Reg. 41958); or (II) any successor regulations; and (ii) the term defense article means an item designated by the President pursuant to subsection (a)(1). . (b) Notification and reporting requirements for major defense equipment and significant military equipment removed from the united states munitions list Section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ), as amended by this section, is further amended by adding at the end the following: (6) The President shall ensure that any item that is major defense equipment or significant military equipment and is removed from the United States Munitions List shall continue to be subject to the notification and reporting requirements of the following provisions of law: (A) Section 516(f) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(f) ). (B) Section 655 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2415 ). (C) Section 3(d)(3)(A) of this Act. (D) Section 25 of this Act. (E) Sections 36(b), (c), and (d) of this Act. . 204. Amendment to definition of security assistance under the Foreign Assistance Act of 1961 Section 502B(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(d) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2)(C) to read as follows: (C) any license in effect with respect to the export to or for the armed forces, police, intelligence, or other internal security forces of a foreign country of— (i) defense articles or defense services under section 38 of the Armed Export Control Act; or (ii) 600 series items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 Fed. Reg. 41958), or any successor regulations; ; and (3) by adding at the end the following new paragraphs: (3) the term Commerce Control List means— (A) items transferred from the United States Munitions List to the Commerce Control List and designated as ‘600 series’ items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 Fed. Reg. 41958); or (B) any successor regulations; and (4) the term Export Administration Regulations means— (A) the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (B) any successor regulations. . 205. Amendments to definitions of defense article and defense service under the Arms Export Control Act Section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ) is amended— (1) in the matter preceding subparagraph (A) of paragraph (3), by striking includes and inserting means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States ; and (2) in paragraph (4), by striking includes and inserting means, with respect to a sale or transfer by the United States under the authority of this Act or any other foreign assistance or sales program of the United States, . 206. Revision of statutory references to former NATO support organizations and related NATO agreements Section 21(e)(3) of the Arms Export Control Act ( 22 U.S.C. 2761(e)(3) ) is amended— (1) in subparagraphs (A) and (C)(i), by striking Maintenance and Supply Agency of the North Atlantic Treaty Organization and inserting North Atlantic Treaty Organization (NATO) Support Organization and its executive agencies ; and (2) in subparagraph (C)(i)(II), by striking a specific weapon system and inserting activities . 207. Technical amendments The Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) is amended— (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), by striking the Speaker of the House of Representatives and each place it appears and inserting the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and ; (2) in section 21(i)(1) by inserting after the Speaker of the House of Representatives the following , the Committees on Foreign Affairs and Armed Services of the House of Representatives, ; (3) in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B), by striking International Relations each place it appears and inserting Foreign Affairs ; (4) in sections 27(f) and 62(a), by inserting after the Speaker of the House of Representatives, each place it appears the following: the Committee on Foreign Affairs of the House of Representatives, ; and (5) in section 73(e)(2), by striking the Committee on National Security and the Committee on International Relations of the House of Representatives and inserting the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives . | https://www.govinfo.gov/content/pkg/BILLS-113hr3470ih/xml/BILLS-113hr3470ih.xml |
113-hr-3471 | I 113th CONGRESS 1st Session H. R. 3471 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Ms. Chu (for herself, Ms. Fudge , Ms. Frankel of Florida , Ms. Brownley of California , Ms. Titus , Mrs. Negrete McLeod , Ms. Bass , Mrs. Beatty , Mr. Bera of California , Mr. Blumenauer , Ms. Brown of Florida , Mrs. Christensen , Mr. Cicilline , Mr. Clay , Mr. Danny K. Davis of Illinois , Ms. DeLauro , Ms. DelBene , Mr. Ellison , Mr. Farr , Mr. Grijalva , Mr. Gutiérrez , Ms. Hahn , Mr. Holt , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Mrs. Kirkpatrick , Ms. Lee of California , Mr. Lewis , Mr. Lowenthal , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Ms. Moore , Mr. Moran , Ms. Norton , Mr. Rangel , Ms. Linda T. Sánchez of California , Ms. Schakowsky , Ms. Slaughter , Ms. Speier , Mr. Takano , Mr. Welch , Ms. Castor of Florida , Ms. Michelle Lujan Grisham of New Mexico , Ms. Tsongas , Mr. Braley of Iowa , Mr. Smith of Washington , Ms. Kuster , Mr. Kildee , Mr. Loebsack , Ms. Esty , Mr. Sherman , Mr. Payne , Ms. Meng , Mr. Pocan , Mr. Huffman , Ms. Waters , Ms. Kelly of Illinois , Ms. Edwards , and Mr. Keating ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To protect a woman’s right to determine whether and when to bear a child or end a pregnancy by limiting restrictions on the provision of abortion services.
1. Short title This Act may be cited as the Women's Health Protection Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Access to safe, legal abortion services is essential to women’s health and central to women’s ability to participate equally in the economic and social life of the United States. (2) Access to safe, legal abortion services has been hindered in the United States in various ways, including blockades of health care facilities and associated violence; restrictions on insurance coverage; restrictions on minors’ ability to obtain services; and requirements and restrictions that single out abortion providers and those seeking their services, and which do not further women’s health or the safety of abortion, but harm women by reducing the availability of services. (3) In the early 1990s, protests and blockades at health care facilities where abortions were performed, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act ( Public Law 103–259 ) to address that situation and ensure that women could physically access abortion services. (4) Since 2010, there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women’s health and their ability to access safe abortion services by interfering with health care professionals’ ability to provide such services. Congressional action is now necessary to put an end to these restrictions. In addition, there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women, such as bans on abortions prior to viability. (5) Legal abortion is one of the safest medical procedures in the United States. That safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures. (6) Many State and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures. Though described by their proponents as health and safety regulations, many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women’s health. Also, these restrictions interfere with women’s personal and private medical decisions, make access to abortion more difficult and costly, and even make it impossible for some women to obtain those services. (7) These restrictions harm women’s health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services, which reduce unintended pregnancies and thus abortions, and screenings for cervical cancer and sexually transmitted infections. These harms fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas. (8) The cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman’s ability to exercise her constitutional rights is dependent on the State in which she lives. Federal legislation putting a stop to harmful restrictions throughout the United States is necessary to ensure that women in all States have access to safe abortion services, an essential constitutional right repeatedly affirmed by the United States Supreme Court. (9) Congress has the authority to protect women’s ability to access abortion services pursuant to its powers under the Commerce Clause and its powers under section 5 of the Fourteenth Amendment to the Constitution to enforce the provisions of section 1 of the Fourteenth Amendment. (b) Purpose It is the purpose of this Act to protect women’s health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services. It is not the purpose of this Act to address all threats to access to abortion (for example, this Act does not apply to clinic violence, restrictions on insurance coverage of abortion, or requirements for parental consent or notification before a minor may obtain an abortion) which Congress should address through separate legislation as appropriate. 3. Definitions In this Act: (1) Abortion The term abortion means any medical treatment, including the prescription of medication, intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth, to remove an ectopic pregnancy, or to remove a dead fetus. (2) Abortion provider The term abortion provider means a health care professional who performs abortions. (3) Government The term government includes a branch, department, agency, instrumentality, or individual acting under color of law of the United States, a State, or a subdivision of a State. (4) Health care professional The term health care professional means a licensed medical professional (including physicians, certified nurse-midwives, nurse practitioners, and physician assistants) who is competent to perform abortions based on clinical training. (5) Pregnancy The term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State The term State includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (7) Viability the term viability means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care professional, based on the particular facts of the case before her or him, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. 4. Prohibited measures and actions (a) General prohibitions The following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, they do not significantly advance women’s health or the safety of abortion services, and they make abortion services more difficult to access: (1) A requirement that a medical professional perform specific tests or follow specific medical procedures in connection with the provision of an abortion, unless generally required for the provision of medically comparable procedures. (2) A limitation on an abortion provider’s ability to delegate tasks, other than a limitation generally applicable to providers of medically comparable procedures. (3) A limitation on an abortion provider’s ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than a limitation generally applicable to the medical profession. (4) A limitation on an abortion provider’s ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (5) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (6) A requirement that, prior to obtaining an abortion, a woman make one or more medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (7) A requirement or limitation that prohibits or restricts medical training for abortion procedures, other than a requirement or limitation generally applicable to medical training for medically comparable procedures. (b) Other prohibited measures or actions (1) In general A measure or action that restricts the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection (a) shall be unlawful if such measure or action singles out abortion services or make abortions services more difficult to access and does not significantly advance women’s health or the safety of abortion services. (2) Prima facie case To make a prima facie showing that a measure or action is unlawful under paragraph (1) a plaintiff shall demonstrate that the measure or action involved— (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women’s access to abortion services based on one or more of the factors described in paragraph (3). (3) Factors Factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph (2)(B) include the following: (A) Whether the measure or action interferes with an abortion provider’s ability to provide care and render services in accordance with her or his good-faith medical judgment. (B) Whether the measure or action is reasonably likely to delay some women in accessing abortion services. (C) Whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (D) Whether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required. (E) Whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the State. (F) Whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act. (G) The cumulative impact of the measure or action combined with other new or existing requirements or restrictions. (4) Defense A measure or action shall be unlawful under this subsection upon making a prima facie case (as provided for under paragraph (2)), unless the defendant establishes, by clear and convincing evidence, that— (A) the measure or action significantly advances the safety of abortion services or the health of women; and (B) the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action. (c) Other prohibitions The following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government: (1) A prohibition or ban on abortion prior to fetal viability. (2) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the pregnant woman’s life or health. (3) A restriction that limits a pregnant woman’s ability to obtain an immediate abortion when a health care professional believes, based on her or his good-faith medical judgment, that delay would pose a risk to the woman’s health. (4) A measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability. (d) Limitation The provisions of this Act shall not apply to laws regulating physical access to clinic entrances, requirements for parental consent or notification before a minor may obtain an abortion, insurance coverage of abortion, or the procedure described in section 1531(b)(1) of title 18, United States Code. (e) Effective date This Act shall apply to government restrictions on the provision of abortion services, whether statutory or otherwise, whether they are enacted or imposed prior to or after the date of enactment of this Act. 5. Liberal construction (a) Liberal construction In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of construction Nothing in this Act shall be construed to authorize any government to interfere with a woman’s ability to terminate her pregnancy, to diminish or in any way negatively affect a woman’s constitutional right to terminate her pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. 6. Enforcement (a) Attorney General The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this Act. (b) Private right of action (1) In general Any individual or entity aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this Act. (2) Facility or professional A health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility’s or professional’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs In any action under this section, the court shall award the costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing plaintiff. (e) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. 7. Preemption No State or subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act. 8. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-113hr3471ih/xml/BILLS-113hr3471ih.xml |
113-hr-3472 | I 113th CONGRESS 1st Session H. R. 3472 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Collins of New York (for himself, Mr. Reed , Mr. Owens , and Mr. Hanna ) 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 13127 Broadway Street in Alden, New York, as the Sergeant Brett E. Gornewicz Memorial Post Office .
1. Sergeant Brett E. Gornewicz Memorial Post Office (a) Designation The facility of the United States Postal Service located at 13127 Broadway Street in Alden, New York, shall be known and designated as the Sergeant Brett E. Gornewicz Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant Brett E. Gornewicz Memorial Post Office . | https://www.govinfo.gov/content/pkg/BILLS-113hr3472ih/xml/BILLS-113hr3472ih.xml |
113-hr-3473 | I 113th CONGRESS 1st Session H. R. 3473 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mrs. Davis of California (for herself, Ms. Schwartz , Mr. Vargas , Mr. Carson of Indiana , and Mr. Connolly ) 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 permanently extend the qualifying therapeutic discovery project credit, and for other purposes.
1. Short title This Act may be cited as the Qualifying Therapeutic Discovery Project Tax Credit Extension Act of 2013 . 2. Permanent extension of qualifying therapeutic discovery project credit (a) In general Subsection (b) of section 48D of the Internal Revenue Code of 1986 is amended by striking paragraph (5). (b) Allocation limitation (1) In general Subparagraph (B) of section 48D(d)(1) of such Code is amended by striking $1,000,000,000 for the 2-year period beginning with 2009. and inserting the following: $1,000,000,000— (i) for the 2-year period beginning with 2009, and (ii) for each 2-year period beginning after 2013. . (2) Inflation adjustment Subsection (d) of section 48D of such Code is amended by adding at the end the following new paragraph: (5) Inflation adjustment In the case of any allocations for any 2-year period beginning after 2015, the $1,000,000,000 amount contained in paragraph (1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the first calendar year in such 2-year period, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the next lowest multiple of $10,000,000. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3473ih/xml/BILLS-113hr3473ih.xml |
113-hr-3474 | I 113th CONGRESS 1st Session H. R. 3474 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Rodney 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 allow employers to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of the employer mandate under the Patient Protection and Affordable Care Act.
1. Short title This Act may be cited as the Hire More Heroes Act of 2013 . 2. Employees with health coverage under TRICARE or the Veterans Administration may be exempted from employer mandate under Patient Protection and Affordable Care Act (a) In general Section 4980H(c)(2) of the Internal Revenue Code is amended by adding at the end the following: (F) Exemption for health coverage under TRICARE or the Veterans Administration Solely for purposes of determining whether an employer is an applicable large employer under this paragraph for any month, an employer may elect not to take into account for a month as an employee any individual who, for such month, has medical coverage under— (i) chapter 55 of title 10, United States Code, including coverage under the TRICARE program, or (ii) under a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs, in coordination with the Secretary of Health and Human Services and the Secretary. . (b) Effective date The amendment made by subsection (a) shall apply to months beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3474ih/xml/BILLS-113hr3474ih.xml |
113-hr-3475 | I 113th CONGRESS 1st Session H. R. 3475 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Garamendi (for himself and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 46, United States Code, to provide protections for cruise vessel passengers, and for other purposes.
1. Short title This Act may be cited as the Cruise Vessel Consumer Confidence Act of 2013 . 2. Cruise vessel passenger protections (a) In general Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: 807 Cruise vessel passenger protections Sec. 80701. Unfair or deceptive practices and unfair methods of competition. 80702. Reimbursement for delays. 80703. Customer service plans. 80704. Passenger complaints. 80705. Report. 80706. Authorization of fees. 80707. Definitions. 80701. Unfair or deceptive practices and unfair methods of competition (a) In general The Federal Maritime Commission may investigate an action by an owner of a cruise vessel relating to the sale of a ticket for passenger travel on a cruise vessel to determine if such action is— (1) an unfair or deceptive practice; or (2) an unfair method of competition. (b) Origination of investigations The Commission may conduct an investigation under subsection (a) on the initiative of the Commission or upon receiving a complaint submitted to the Commission. (c) Enforcement (1) In general If the Commission determines that an action is an unfair or deceptive practice or an unfair method of competition under this section, the Commission, after notice and an opportunity for a hearing— (A) shall order the owner of a cruise vessel carrying out such action to cease such action; and (B) if such owner violates the order under subparagraph (A), may impose on such owner a civil penalty of not more than $25,000. (2) Continuing violations For purposes of paragraph (1)(B), each day of a continuing violation shall be treated as a separate violation. (d) Disclosure requirements (1) In general It shall be an unfair or deceptive practice for purposes of subsection (a) for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel to fail to disclose, in writing, prior to such offer— (A) the name of the cruise vessel on which the travel will take place; (B) the casualty history of the cruise vessel, including an identification of all man overboard instances; (C) a list of all complaints of crimes committed on any voyage of the cruise vessel that embarked or disembarked passengers in the United States, including all incidents reported to the Federal Bureau of Investigation without regard to investigative status, which shall indicate, for each complaint— (i) whether a crew member was involved; (ii) whether a passenger was involved; and (iii) whether a minor was involved; (D) the number of gastric illness outbreaks on the cruise vessel for which the Centers for Disease Control and Prevention required— (i) reporting of an outbreak to the Centers; or (ii) quarantining more than 10 passengers; (E) the number and length of delays of the cruise vessel due to mechanical failures; (F) the country under the laws of which the cruise vessel is documented; (G) where criminal and civil investigations and proceedings will be held for incidents that occur outside of United States waters; (H) a statement of whether the ticket price includes all applicable taxes and fees, including taxes and fees relating to ports of call; (I) an estimate of all applicable taxes and fees, including taxes and fees relating to ports of call; (J) any other material condition of the travel determined appropriate for disclosure by the Commission; and (K) instructions to passengers on how to file complaints with the Commission regarding the cruise vessel and any violations of this chapter. (2) Internet offers In the case of an offer to sell tickets for passenger travel on a cruise vessel through an Internet Web site, disclosure of the information required under paragraph (1) shall be— (A) provided on the first display of the Web site that follows a search of a requested itinerary; and (B) in a format that is easily visible to a viewer. (e) Electronic tickets It shall be an unfair or deceptive practice for purposes of subsection (a) for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel through an Internet Web site to require that the ticket purchaser provide a printed version of that ticket for such travel if the purchaser is able to provide identification determined appropriate by the Commission at the time of such travel. 80702. Reimbursement for delays (a) In general The Federal Maritime Commission shall establish a process to ensure that, in any case in which the initial departure or the final disembarking of a cruise vessel for a cruise is delayed for a period of more than 24 hours, a passenger with a ticket for the vessel subject to such delay is reimbursed by an owner of the vessel in an amount that— (1) if the delay is more than 24 hours but less than 48 hours, is equal to the lesser of— (A) half the price of the ticket of the passenger; or (B) $500; or (2) if the delay is 48 hours or more, is equal to the price of the ticket of the passenger. (b) Exceptions The Commission shall ensure that the process under subsection (a) establishes appropriate exceptions for delays that are the result of an unforeseeable event and are not related to a mechanical failure, including— (1) inclement weather; (2) political unrest; (3) piracy; or (4) an action necessary to preserve the safety of passengers. (c) Enforcement If the Commission determines that an owner of a cruise vessel failed to reimburse a passenger as required under this section, the Commission, after notice and an opportunity for a hearing, may impose on such person a civil penalty of not more than $25,000. 80703. Customer service plans (a) In general An owner of a cruise vessel shall submit to the Federal Maritime Commission a plan with respect to customer service that includes processes for— (1) appropriately notifying passengers of delays and cancellations; (2) ensuring transparent cancellation policies; (3) issuing prompt ticket refunds after cancellations; (4) properly accommodating passengers with disabilities or special needs; (5) ensuring responsiveness to passenger complaints; (6) notifying passengers in a timely manner of changes to planned itineraries or ports of call; and (7) meeting the essential needs of passengers during lengthy delays, including by providing access to— (A) adequate food and potable water; (B) adequate restroom facilities; (C) electrical power; (D) real-time updates with respect to the delay; (E) cabin ventilation and comfortable cabin temperatures; and (F) necessary medical treatment. (b) Ticket contracts (1) Incorporation An owner of a cruise vessel shall incorporate the plan submitted under subsection (a) into the ticket contract of that owner. (2) Availability on Internet An owner of a cruise vessel shall make the ticket contract of that owner, including the plan submitted under subsection (a), available on the Web site of that owner in an easily accessible form. (c) Review The Commission shall review each plan submitted under subsection (a) to determine if such plan is complete and may require modifications of that plan for completeness as the Commission determines necessary. (d) Timing (1) Initial submission of plans An owner of a cruise vessel shall submit a plan under subsection (a) with respect to the vessel— (A) if the vessel is owned or operated by the owner on the date of enactment of this section, not later than 120 days after such date of enactment; and (B) if ownership or operation of the vessel is acquired by the owner after the date of enactment of this section, not later than 120 days after the date of such acquisition. (2) Review of plans The Commission shall determine the completeness of each plan submitted to the Commission under subsection (a) not later than 120 days after receiving such plan. (e) Updates The Commission may periodically review plans submitted under subsection (a) for completeness and require updates of such plans as the Commission determines necessary. (f) Guidance Not later than 90 days after the date of enactment of this section, the Commission shall issue guidance with respect to the plans required under this section, which shall include information regarding— (1) plan elements and the requirements for each of those elements; and (2) filing of the plans, including contact information. (g) Enforcement (1) In general The Commission may impose, after notice and an opportunity for a hearing, on any owner of a cruise vessel who violates this section and any owner of a cruise vessel determined to be operating in violation of a plan submitted under this section, a civil penalty of not more than $25,000. (2) Continuing violations For purposes of paragraph (1), each day of a continuing violation shall be treated as a separate violation. 80704. Passenger complaints (a) In general The Federal Maritime Commission shall establish a process for cruise vessel passengers to report to the Commission complaints relating to subjects addressed under this chapter, which shall include a telephone number, an email address, and other appropriate electronic means for complaint submission. (b) Notice The Commission shall notify the public and require cruise vessel owners to notify passengers of the process established under subsection (a). 80705. Report Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Federal Maritime Commission shall submit to Congress a report on the implementation of this chapter by the Commission, including any penalties imposed under this chapter. 80706. Authorization of fees (a) In general The Federal Maritime Commission may establish, adjust, and collect fees in cruise vessel ticket prices to fund the implementation of this chapter. (b) Relationship to costs The Federal Maritime Commission shall ensure that fees under subsection (a) are reasonably related to the costs incurred by the Commission in implementing this chapter. (c) Limitations on judicial review The following shall not be subject to judicial review: (1) The establishment or adjustment of a fee by the Commission under this section. (2) The validity of a determination by the Commission for purposes of this section of the costs to implement this chapter and the processes and procedures applied by the Commission in reaching such determination. (3) The allocation of costs by the Commission to services it provides pursuant to this chapter and the processes and procedures applied by the Commission in establishing such allocation. (d) Costs defined In this section, the term costs includes operation and maintenance costs, leasing costs, and overhead expenses associated with services provided by the Federal Maritime Commission under this chapter and the facilities and equipment used in providing such services. 80707. Definitions In this chapter, the following definitions apply: (1) Cruise vessel The term cruise vessel means a passenger vessel (as defined in section 2101(22)) that— (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; and (C) is used for voyages that embark or disembark passengers in the United States. (2) Mechanical failure The term mechanical failure means, with respect to a cruise vessel, the failure of any machine or mechanical system of that vessel to function within the parameters that the manufacturer or engineer of that machine or system has specified is normal. (3) Owner The term owner means, with respect to a cruise vessel, the owner, charterer, managing operator, master, or other individual in charge of the vessel. . (b) Clerical amendment The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following: 807. Cruise Vessel Passenger Protections 80701 . (c) Rule of construction Nothing in this section, including any amendment made in this section, may be construed to eliminate or replace authority provided to a department or agency under other Federal or State law. | https://www.govinfo.gov/content/pkg/BILLS-113hr3475ih/xml/BILLS-113hr3475ih.xml |
113-hr-3476 | I 113th CONGRESS 1st Session H. R. 3476 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Israel 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 and modify the American Opportunity Tax Credit, and for other purposes.
1. Short title This Act may be cited as the Middle Class College Tuition Tax Credit Expansion Act . 2. Extension and modification of American Opportunity Tax Credit (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 who is an eligible student for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b) with respect to such individual. (b) Amount of credit (1) Student enrolled at least 1/2 time In the case of an eligible student who is carrying at least 1/2 the normal full-time workload for the course of study the student is pursuing, the amount determined under this subsection with respect to such individual is the sum of— (A) 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, plus (B) 50 percent of such expenses so paid as exceeds $2,500 but does not exceed $7,500. (2) Other students In the case of an eligible student not described in paragraph (1), the amount determined under this subsection with respect to such individual is 50 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 $10,000. (c) Dollar limitations (1) Limitation based on modified adjusted gross income (A) In general The amount which would (but for this paragraph) 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). (B) 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— (i) the excess of— (I) the taxpayer's modified adjusted gross income for such taxable year, over (II) $160,000 (twice such amount in the case of a joint return), bears to (ii) $20,000 ($40,000 in the case of a joint return). (C) Modified adjusted gross income For purposes of this paragraph, 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) Inflation adjustment In the case of any taxable year beginning after 2014, the $160,000 amount in subparagraph (B)(i)(II) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000. (2) Limitation based on amount of tax The credit allowed under this section shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this subpart (other than this subsection and sections 23, 25D, and 30D) and section 27 for the taxable year. (d) Other limitations and special rules For purposes of this section: (1) Lifetime dollar limitation 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 $25,000, determined without regard to whether— (A) such credits are claimed on the return of tax filed by the individual or by another taxpayer, or (B) such expenses are treated as paid by the individual or by another taxpayer. (2) Reporting No credit shall be allowed under this section to a taxpayer with respect to the qualified tuition and related expenses of an eligible student unless the taxpayer includes the name and taxpayer identification number of such eligible student on the return of tax for the taxable year. (3) 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 (b) 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 the Middle Class College Tuition Tax Credit Expansion Act ) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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. (e) 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. (f) Definitions For purposes of this section: (1) Eligible student The term eligible student means, with respect to any taxable year, an individual who— (A) is enrolled for at least one academic period which begins during such taxable year at an eligible educational institution, and (B) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965, as in effect on the date of the enactment of the Middle Class College Tuition Tax Credit Expansion Act . (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. (D) Computer technology and equipment Such term includes expenses for the purchase of computer technology or equipment (as defined in section 170(e)(6)(F)(i)), or Internet access and related services, only to the extent the purchase of such technology, equipment, or services is specifically required by the individual's academic course of instruction or degree program. (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 the date of the enactment of the Middle Class College Tuition Tax Credit Expansion Act , and (B) which is eligible to participate in a program under title IV of such Act. (g) Portion of credit refundable Fifty percent of the credit allowed under this section (determined after application of subsections (c)(1) and (d) and without regard to this subsection and subsection (c)(2), as the case may be) 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. (h) 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. . (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 the Internal Revenue Code of 1986 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(d)(3) . (2) Paragraph (2) of section 221(d) of such Code is amended— (A) by striking 25A(g)(2) in subparagraph (B) and inserting 25A(d)(3) , and (B) by striking 25A(f)(2) and inserting 25A(f)(3) . (3) Paragraph (3) of section 221(d) of such Code is amended by striking 25A(b)(3) and inserting 25A(f)(1) (but only with respect to a student who is carrying at least 1/2 the normal full-time workload for the course of study the student is pursuing) . (4) 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(d)(3) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American Opportunity Credit . (5) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking 25A(b)(3) and inserting 25A(f)(1) (but only with respect to a student who is carrying at least 1/2 the normal full-time workload for the course of study the student is pursuing) . (6) 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(d)(3) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American Opportunity Credit . (7) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking 25A(g)(2) and inserting 25A(d)(3) . (8) Section 1400O of such Code is amended— (A) by striking 25A(f)(2) and inserting 25A(f)(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). (9) Subsection (e) of section 6050S of such Code is amended by striking subsection (g)(2) and inserting subsection (d)(3) . (10) Subparagraph (A) of section 6211(b)(4) of such Code is amended by striking subsection (i)(6) and inserting subsection (g) . (11) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking 25A(g)(1) and inserting 25A(d)(2) . (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 (as in effect on the date of the enactment of the Middle Class College Tuition Tax Credit Expansion Act ). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3476ih/xml/BILLS-113hr3476ih.xml |
113-hr-3477 | I 113th CONGRESS 1st Session H. R. 3477 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To authorize the Secretary of Veterans Affairs to provide support to university law school programs that are designed to provide legal assistance to veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans Legal Support Act of 2013 . 2. Department of Veterans Affairs support for university legal clinics that assist veterans (a) Support authorized The Secretary of Veterans Affairs may provide support to one or more university law school programs that are designed to provide legal assistance to veterans. (b) Eligible programs Programs of university law schools which may receive support under subsection (a) may include programs that assist veterans with— (1) filing and appealing claims for benefits under laws administered by the Secretary; and (2) such other civil, criminal, and family legal matters as the Secretary considers appropriate. (c) Financial support (1) In general The support provided a program under subsection (a) may include financial support of the program. (2) Limitation on amount The total amount of financial support provided under subsection (a) in any fiscal year may not exceed $1,000,000. (3) Funding Amounts for financial support under subsection (a) shall be derived from amounts appropriated or otherwise made available to the Medical Services account of the Department of Veterans Affairs. | https://www.govinfo.gov/content/pkg/BILLS-113hr3477ih/xml/BILLS-113hr3477ih.xml |
113-hr-3478 | I 113th CONGRESS 1st Session H. R. 3478 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Salmon (for himself, Mr. Franks of Arizona , Mr. Gosar , Mr. Massie , Mr. DesJarlais , Mr. Schweikert , Mr. Bentivolio , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions.
1. Short title This Act may be cited as the Knife Owners’ Protection Act of 2013 . 2. Interstate transportation of knives (a) In general Notwithstanding any provision of any law or any rule or regulation of the United States, or of a State or any political subdivision of a State, any person who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife or knives shall be entitled to transport a knife or knives from any place where such person may lawfully possess, carry or transport such a knife or knives to any other place where such person may lawfully possess, carry or transport such a knife or knives if— (1) in the case of transportation by motor vehicle, the knife or knives are not directly accessible from the passenger compartment of such transporting vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife or knives shall be contained in a locked container, glove compartment, or console; or (2) in the case of transportation by other means (including any conveyance over land, on or through water, or through the air), the knife or knives are contained in a locked container. (b) Emergency knives Any knife or tool designed for enabling escape in an emergency incorporating a blunt tipped safety blade, a guarded blade, or both, for cutting safety belts may be carried in the passenger compartment and need not be secured in a locked container, glove compartment, or console. This subsection shall not apply to the transport of any such knife or tool in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (c) No arrest or detention A person who is transporting a knife or knives in compliance with this section may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision of a State related to the possession, transportation, or carrying of knives, unless there is probable cause to believe that the person is not in compliance with at least one of the requirements of subsection (a). (d) Claim or defense A person may assert this section as a claim or defense in any action or proceeding, civil or criminal. When a person asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision shall bear the burden of proving, beyond a reasonable doubt, that the person was not in compliance with subsection (a). (e) Right of action Any person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any person to the deprivation of the rights, privileges, or immunities set forth in this section, shall be liable to the person so deprived in an action at law, suit in equity, or other proper proceeding for redress. When a person asserts this section as a claim or defense, the court shall award the prevailing party (including any party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation), other than a State or any political subdivision of a State or its employees or representatives, a reasonable attorneys’ fee. (f) Definition As used in this section, the term transport includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and all other activity related to the person’s overall journey. The term shall not include any transportation of a knife or knives with the intent to commit any offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, such journey. Within any form of temporary lodging, a knife or knives may be accessible. (g) Rule of construction Nothing in this section shall be construed in any way to limit any right to possess, carry, or transport a knife or knives under applicable State law. | https://www.govinfo.gov/content/pkg/BILLS-113hr3478ih/xml/BILLS-113hr3478ih.xml |
113-hr-3479 | I 113th CONGRESS 1st Session H. R. 3479 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Mr. Thornberry (for himself, Mr. Sessions , Mr. Nugent , Mr. Huelskamp , Mr. Farenthold , and Mr. Bentivolio ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide a taxpayer bill of rights for small businesses.
1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Taxpayer Bill of Rights 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. Modification of standards for awarding of costs and certain fees. Sec. 3. Civil damages allowed for reckless or intentional disregard of Internal Revenue laws. Sec. 4. Modifications relating to certain offenses by officers and employees in connection with revenue laws. Sec. 5. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information. Sec. 6. Interest abatement reviews. Sec. 7. Ban on ex parte discussions. Sec. 8. Alternative dispute resolution procedures. Sec. 9. Extension of time for contesting IRS levy. Sec. 10. Waiver of installment agreement fee. Sec. 11. Suspension of running of period for filing petition of spousal relief and collection cases. Sec. 12. Venue for appeal of spousal relief and collection cases. Sec. 13. Increase in monetary penalties for certain unauthorized disclosures of information. Sec. 14. De novo tax court review of claims for equitable innocent spouse relief. Sec. 15. Ban on raising new issues on appeal. 2. Modification of standards for awarding of costs and certain fees (a) Small businesses eligible without regard to net worth Subparagraph (D) of section 7430(c)(4) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting and , and by adding at the end the following new clause: (iii) in the case of an eligible small business, the net worth limitation in clause (ii) of such section shall not apply. . (b) Eligible small business Paragraph (4) of section 7430(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Eligible small business For purposes of subparagraph (D)(iii), the term eligible small business means, with respect to any proceeding commenced in a taxable year— (i) a corporation the stock of which is not publicly traded, (ii) a partnership, or (iii) a sole proprietorship, if the average annual gross receipts of such corporation, partnership, or sole proprietorship for the 3-taxable-year period preceding such taxable year does not exceed $50,000,000. For purposes of applying the test under the preceding sentence, rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. . (c) Effective date The amendments made by this section shall apply to proceedings commenced after the date of the enactment of this Act. 3. Civil damages allowed for reckless or intentional disregard of Internal Revenue laws (a) Increase in amount of damages Section 7433(b) of the Internal Revenue Code of 1986 is amended by striking $1,000,000 ($100,000, in the case of negligence) and inserting $3,000,000 ($300,000, in the case of negligence) . (b) Extension of time To bring action Section 7433(d)(3) of the Internal Revenue Code of 1986 is amended by striking 2 years and inserting 5 years . (c) Effective date The amendments made by this section shall apply to actions of employees of the Internal Revenue Service after the date of the enactment of this Act. 4. Modifications relating to certain offenses by officers and employees in connection with revenue laws (a) Increase in penalty Section 7214 of the Internal Revenue Code of 1986 is amended— (1) by striking $10,000 in subsection (a) and inserting $25,000 , and (2) by striking $5,000 in subsection (b) and inserting $10,000 . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 5. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information (a) Increase in amount of damages Subparagraph (A) of section 7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking $1,000 and inserting $10,000 . (b) Effective date The amendment made by this section shall apply to inspections and disclosure occurring on and after the date of the enactment of this Act. 6. Interest abatement reviews (a) Filing period for interest abatement cases (1) In general Subsection (h) of section 6404 of the Internal Revenue Code of 1986 is amended— (A) by striking Review of denial in the heading and inserting Judicial review , and (B) by striking ‘if such action is brought’ and all that follows in paragraph (1) and inserting if such action is brought— (A) at any time after the earlier of— (i) the date of the mailing of the Secretary's final determination not to abate such interest, or (ii) the date which is 180 days after the date of the filing with the Secretary (in such form as the Secretary may prescribe) of a claim for abatement under this section, and (B) not later than the date which is 180 days after the date described in subparagraph (A)(i). . (2) Effective date The amendments made by this subsection shall apply to claims for abatement of interest filed with the Secretary after the date of the enactment of this Act. (b) Small tax case election for interest abatement cases (1) In general Subsection (f) of section 7463 of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of paragraph (1), (B) by striking the period at the end of paragraph (2) and inserting , and , and (C) by adding at the end the following new paragraph: (3) a petition to the Tax court under section 6404(h) in which the amount of interest abatement sought does not exceed $50,000. . (2) Effective date The amendments made by this subsection shall apply to— (A) cases pending as of the day after the date of the enactment of this Act, and (B) cases commenced after such date of enactment. 7. Ban on ex parte discussions (a) In general Notwithstanding section 1001(a)(4) of the Internal Revenue Service Restructuring and Reform Act of 1998, the Internal Revenue Service shall prohibit any ex parte communications between officers in the Internal Revenue Service Office of Appeals and other Internal Revenue Service employees with respect to any matter pending before such officers. (b) Termination of employment for misconduct Subject to subsection (c), the Commissioner of Internal Revenue shall terminate the employment of any employee of the Internal Revenue Service if there is a final administrative or judicial determination that such employee committed any act or omission prohibited under subsection (a) in the performance of the employee’s official duties. Such termination shall be a removal for cause on charges of misconduct. (c) Determination of commissioner (1) In general The Commissioner of Internal Revenue may take a personnel action other than termination for an act prohibited under subsection (a). (2) Discretion The exercise of authority under paragraph (1) shall be at the sole discretion of the Commissioner of Internal Revenue and may not be delegated to any other officer. The Commissioner of Internal Revenue, in his sole discretion, may establish a procedure which will be used to determine whether an individual should be referred to the Commissioner of Internal Revenue for a determination by the Commissioner under paragraph (1). (3) No appeal Any determination of the Commissioner of Internal Revenue under this subsection may not be appealed in any administrative or judicial proceeding. (d) TIGTA reporting of termination or mitigation Section 7803(d)(1)(E) of the Internal Revenue Code of 1986 is amended by inserting or section 7 of the Small Business Taxpayer Bill of Rights Act of 2013 after 1998 . 8. Alternative dispute resolution procedures (a) In general Section 7123 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (c) Availability of dispute resolutions (1) In general The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide that a taxpayer may request mediation or arbitration in any case unless the Secretary has specifically excluded the type of issue involved in such case or the class of cases to which such case belongs as not appropriate for resolution under such subsection. The Secretary shall make any determination that excludes a type of issue or a class of cases public within 5 working days and provide an explanation for each determination. (2) Independent mediators (A) In general The procedures prescribed under subsection (b)(1) shall provide the taxpayer an opportunity to elect to have the mediation conducted by an independent, neutral individual not employed by the Office of Appeals. (B) Cost and selection (i) In general Any taxpayer making an election under subparagraph (A) shall be required— (I) to share the costs of such independent mediator equally with the Office of Appeals, and (II) to limit the selection of the mediator to a roster of recognized national or local neutral mediators. (ii) Exception Clause (i)(I) shall not apply to any taxpayer who is an individual or who was a small business in the preceding calendar year if such taxpayer had an adjusted gross income that did not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, in the taxable year preceding the request. (iii) Small business For purposes of clause (ii), the term small business has the meaning given such term under section 41(b)(3)(D)(iii). (3) Availability of process The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide the opportunity to elect mediation or arbitration at the time when the case is first filed with the Office of Appeals and at any time before deliberations in the appeal commence. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 9. Extension of time for contesting IRS levy (a) Extension of time for return of property subject to levy Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is amended by striking 9 months and inserting 3 years . (b) Period of limitation on suits Subsection (c) of section 6532 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1) by striking 9 months” and inserting ‘‘3 years , and (2) in paragraph (2) by striking 9-month and inserting 3-year . (c) Effective date The amendments made by this section shall apply to— (1) levies made after the date of the enactment of this Act, and (2) levies made on or before such date if the 9-month period has not expired under section 6343(b) of the Internal Revenue Code of 1986 (without regard to this section) as of such date. 10. Waiver of installment agreement fee (a) In general Section 6159 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Waiver of installment agreement fee The Secretary shall waive the fees imposed on installment agreements under this section for any taxpayer with an adjusted gross income that does not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, and who has agreed to make payments under the installment agreement by electronic payment through a debit instrument. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 11. Suspension of running of period for filing petition of spousal relief and collection cases (a) Petitions for spousal relief (1) In general Subsection (e) of section 6015 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Suspension of running of period for filing petition in title 11 cases In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1)(A) with respect to a final determination of relief under this section, the running of the period prescribed by such paragraph for filing such a petition with respect to such final determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter. . (2) Effective date The amendment made by this subsection shall apply to petitions filed under section 6015(e) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (b) Collection proceedings (1) In general Subsection (d) of section 6330 of the Internal Revenue Code of 1986 is amended— (A) by striking appeal such determination to the Tax Court in paragraph (1) and inserting petition the Tax Court for review of such determination , (B) by striking Judicial review of determination in the heading of paragraph (1) and inserting Petition for review by Tax Court , (C) by redesignating paragraph (2) as paragraph (3), and (D) by inserting after paragraph (1) the following new paragraph: (2) Suspension of running of period for filing petition in title 11 cases In the case of a person who is prohibited by reason of a case under title 11, United States Code, from filing a petition under paragraph (1) with respect to a determination under this section, the running of the period prescribed by such subsection for filing such a petition with respect to such determination shall be suspended for the period during which the person is so prohibited from filing such a petition, and for 30 days thereafter. . (2) Conforming amendment Subsection (c) of section 6320 of such Code is amended by striking (2)(B) and inserting (3)(B) . (3) Effective date The amendments made by this subsection shall apply to petitions filed under section 6330 of the Internal Revenue Code of 1986 after the date of the enactment of this Act. 12. Venue for appeal of spousal relief and collection cases (a) In general Paragraph (1) of section 7482(b) of the Internal Revenue Code of 1986 is amended— (1) by striking or at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F) and inserting a comma, and (3) by inserting after subparagraph (F) the following new subparagraphs: (G) in the case of a petition under section 6015(e), the legal residence of the petitioner, or (H) in the case of a petition under section 6320 or 6330— (i) the legal residence of the petitioner if the petitioner is an individual, and (ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual. . (b) Effective date The amendments made by this section shall apply to petitions filed after the date of enactment of this Act. 13. Increase in monetary penalties for certain unauthorized disclosures of information (a) In general Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking $5,000 and inserting $10,000 . (b) Effective date The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. 14. De novo tax court review of claims for equitable innocent spouse relief (a) In general Subparagraph (A) of section 6015(e)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: Any review of a determination by the Secretary with respect to a claim for equitable relief under subsection (f) shall be reviewed de novo by the Tax Court. . (b) Effective date The amendment made by this section shall apply to petitions filed or pending before the Tax Court on and after the date of the enactment of this Act. 15. Ban on raising new issues on appeal (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7529. Prohibition on Internal Revenue Service raising new issues in an internal appeal (a) In general In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. (b) Certain issues deemed outside of scope of determination For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: (1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. (2) Any deficiency in tax which was not included in the initial determination. (3) Any theory or justification for a tax deficiency which was not considered in the initial determination. (c) No inference with respect to issues raised by taxpayers Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination. . (b) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Prohibition on Internal Revenue Service raising new issues in an internal appeal. . (c) Effective date The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Office of Appeals on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3479ih/xml/BILLS-113hr3479ih.xml |
113-hr-3480 | I 113th CONGRESS 1st Session H. R. 3480 IN THE HOUSE OF REPRESENTATIVES November 13, 2013 Ms. Tsongas introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit entities from using Federal funds to contribute to political campaigns or participate in lobbying activities.
1. Short title This Act may be cited as the No Taxpayer Money for Corporate Campaigns Act of 2013 . 2. Prohibition on the use of Federal funds for campaign and lobbying activities (a) Prohibition With respect to Federal funds received by an entity, other than a natural person, it shall be unlawful for such entity to— (1) use such funds to advocate the election or defeat of a political candidate; (2) use such funds for voter registration activities or get-out-the-vote activities; (3) use such funds to engage in any lobbying activity; or (4) donate such funds to any entity that advocates for the election or defeat of a political candidate or engages in lobbying activities. (b) Exception for activities authorized by law Subsection (a) does not apply to the use of funds by an entity for an activity specifically authorized by Federal law, rule, or regulation. | https://www.govinfo.gov/content/pkg/BILLS-113hr3480ih/xml/BILLS-113hr3480ih.xml |
113-hr-3481 | I 113th CONGRESS 1st Session H. R. 3481 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Barton (for himself, Mr. Rush , Mr. Cassidy , Mr. Farenthold , Mr. Cohen , Ms. DeLauro , Mr. Ellison , Ms. Norton , Ms. Schakowsky , Mr. Tierney , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Children’s Online Privacy Protection Act of 1998 to extend, enhance, and revise the provisions relating to collection, use, and disclosure of personal information of children, to establish certain other protections for personal information of children and minors, and for other purposes.
1. Short title This Act may be cited as the Do Not Track Kids Act of 2013 . 2. Findings Congress finds the following: (1) Since the enactment of the Children’s Online Privacy Protection Act of 1998, the World Wide Web has changed dramatically, with the creation of tens of millions of websites, the proliferation of entirely new media platforms, and the emergence of a diverse ecosystem of services, devices, and applications that enable users to connect wirelessly within an online environment without being tethered to a desktop computer. (2) The explosive growth of the Internet ecosystem has unleashed a wide array of opportunities to learn, communicate, participate in civic life, access entertainment, and engage in commerce. (3) In addition to these significant benefits, the Internet also presents challenges, particularly with respect to the efforts of entities to track the online activities of children and minors and to collect, use, and disclose personal information about them, including their geolocation, for commercial purposes. (4) Children and teens are visiting numerous companies’ websites, and marketers are using multimedia games, online quizzes, and mobile phone and tablet applications to create ties to children and teens. (5) According to a study by the Wall Street Journal in 2010, websites directed to children and teens were more likely to use cookies and other tracking tools than sites directed to a general audience. (6) This study examined 50 popular websites for children and teens in the United States and found that these 50 sites placed 4,123 cookies, beacons, and other tracking tools on the test computer used for the study. (7) This is 30 percent greater than the number of such tracking tools that were placed on the test computer in a similar study of the 50 overall most popular websites in the United States, which are generally directed to adults. (8) Children and teens lack the cognitive ability to distinguish advertising from program content and to understand that the purpose of advertising is to persuade them, making them unable to activate the defenses on which adults rely. (9) Children and teens are less able than adults to understand the potential long-term consequences of having their information available to third parties, including advertisers, and other individuals. (10) According to Common Sense Media and the Center for Digital Democracy, 90 percent of teens have used some form of social media, 75 percent have a social networking site, and 51 percent check their social networking site at least once a day. (11) Ninety-one percent of parents and 91 percent of adults believe it is not okay for advertisers to collect information about a child’s location from that child’s mobile phone. (12) Ninety-four percent of parents and 91 percent of adults agree that advertisers should receive the parent’s permission before putting tracking software on a child’s computer. (13) Ninety-six percent of parents and 94 percent of adults expressed disapproval when asked if it is okay for a website to ask children for personal information about their friends . (14) Eighty-eight percent of parents would support a law that requires search engines and social networking sites to get users’ permission before using their personal information. (15) A Commonsense Media/Zogby poll found that 94 percent of parents and 94 percent of adults believe individuals should have the ability to request the deletion, after a specific period of time, of all of their personal information held by an online search engine, social networking site, or marketing company. (16) According to a Pew/Berkman Center poll, 69 percent of parents of teens who engage in online activity are concerned about how such activity might affect their children’s future academic or employment opportunities. (17) Eighty-one percent of parents of teens who engage in online activity say they are concerned about how much information advertisers can learn about their children’s online activity. 3. Online collection, use, and disclosure of personal information of children (a) Definitions Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator The term operator — (A) means any person who, for commercial purposes, in interstate or foreign commerce, operates or provides a website on the Internet, online service, online application, or mobile application, and who— (i) collects or maintains, either directly or through a service provider, personal information from or about the users of such website, service, or application; (ii) allows another person to collect personal information directly from users of such website, service, or application (in which case the operator is deemed to have collected the information); or (iii) allows users of such website, service, or application to publicly disclose personal information (in which case the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information for any purpose, except where such information is provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator and does not disclose or use that information for any other purpose; and ; and (B) in subparagraph (B), by striking website or online service and inserting website, online service, online application, or mobile application ; (3) in paragraph (8)— (A) by amending subparagraph (G) to read as follows: (G) information concerning a child or the parents of that child (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child and combines with an identifier described in subparagraphs (A) through (G). ; (B) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (C) by inserting after subparagraph (E) the following new subparagraph: (F) information (including an Internet protocol address) that permits the identification of an individual, the computer of an individual, or any other device used by an individual to access the Internet or an online service, online application, or mobile application; ; (4) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (5) by adding at the end the following new paragraph: (12) Online, online service, online application, mobile application, directed to children The terms online , online service , online application , mobile application , and directed to children shall have the meanings given them by the Commission by regulation. Not later than 1 year after the date of the enactment of the Do Not Track Kids Act of 2013 , the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that define such terms broadly enough so that they are not limited to current technology, consistent with the principles articulated by the Commission regarding the definition of the term Internet in its statement of basis and purpose on the final rule under this title promulgated on November 3, 1999 (64 Fed. Reg. 59891). The definition of the term online service in such regulations shall include broadband Internet access service (as defined in the Report and Order of the Federal Communications Commission relating to the matter of preserving the open Internet and broadband industry practices (FCC 10–201, adopted by the Commission on December 21, 2010)). . (b) Online collection, use, and disclosure of personal information of children Section 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service ; and (ii) by striking subsection (b)(1)(B)(iii) and inserting subsection (b)(1)(C)(iii) ; and (3) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) In general Not later than 1 year after the date of the enactment of the Do Not Track Kids Act of 2013 , the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to require an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child— (A) to provide clear and conspicuous notice in clear and plain language of the types of personal information the operator collects, how the operator uses such information, whether the operator discloses such information, and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children except in accordance with the regulations promulgated under this paragraph; (B) to obtain verifiable parental consent for the collection, use, or disclosure of personal information of a child; (C) to provide to a parent whose child has provided personal information to the operator, upon request by and proper identification of the parent— (i) a description of the specific types of personal information collected from the child by the operator; (ii) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child; and (iii) a means that is reasonable under the circumstances for the parent to obtain any personal information collected from the child, if such information is available to the operator at the time the parent makes the request; (D) not to condition participation in a game, or use of a website, service, or application, by a child on the provision by the child of more personal information than is reasonably required to participate in the game or use the website, service, or application; and (E) to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking paragraph (1)(A)(ii) and inserting paragraph (1)(B) ; and (ii) in subparagraph (A), by inserting or to contact a different child after to recontact the child ; (C) by amending paragraph (3) to read as follows: (3) Continuation of service The regulations shall prohibit an operator from discontinuing service provided to a child on the basis of refusal by the parent of the child, under the regulations prescribed under paragraph (1)(C)(ii), to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child, to the extent that the operator is capable of providing such service without such information. ; and (D) by adding at the end the following: (4) Rule for treatment of users of websites, services, and applications directed to children An operator of a website, online service, online application, or mobile application that is directed to children shall treat all users of such website, service, or application as children for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. . (c) Administration and applicability of Act Section 1306 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows and inserting the following: by the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this title shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )). (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) are inconsistent with this title, this title controls. . 4. Targeted marketing to children or minors (a) Acts prohibited It is unlawful for— (1) an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to use, disclose to third parties, or compile personal information for targeted marketing purposes without verifiable parental consent; or (2) an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to use, disclose to third parties, or compile personal information for targeted marketing purposes without the consent of the minor. (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section. 5. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to collect personal information from a minor unless such operator has adopted and complies with a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles described in subsection (b). (b) Fair Information Practices Principles The Fair Information Practices Principles described in this subsection are the following: (1) Collection limitation principle Except as provided in paragraph (3), personal information should be collected from a minor only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the minor with the operator, including collection necessary to fulfill a transaction or provide a service requested by the minor; or (B) required or specifically authorized by law. (2) Data quality principle The personal information of a minor should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle The purposes for which personal information is collected should be specified to the minor not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the minor; (B) support for the internal operations of the website, service, or application, as described in section 312.2 of title 16, Code of Federal Regulations; (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the minor; and (ii) to which the minor has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle The personal information of a minor should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the minor or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). The operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of such personal information. (5) Security safeguards principle The personal information of a minor should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Openness principle (A) In general The operator should maintain a general policy of openness about developments, practices, and policies with respect to the personal information of a minor. The operator should provide each minor using the website, online service, online application, or mobile application of the operator with a clear and prominent means to do the following: (i) Identify and contact the operator. At minimum, the operator should disclose, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence of the operator and an email address and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an email address and telephone number for the operator. (ii) Determine whether the operator possesses any personal information of the minor, the nature of any such information, and the purposes for which the information was collected and is being retained. (iii) Obtain any personal information of the minor that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the minor. (iv) Challenge the accuracy of personal information of the minor that is in the possession of the operator. (v) If the minor establishes the inaccuracy of personal information in a challenge under clause (iv), have such information erased, corrected, completed, or otherwise amended. (B) Limitation Nothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle The operator should— (A) obtain consent from a minor before using or disclosing the personal information of the minor for any purpose other than those described in subparagraphs (A) through (C) of paragraph (3); and (B) obtain affirmative express consent from a minor before using or disclosing previously collected personal information of the minor for purposes that constitute a material change in practice from the original purposes specified to the minor under paragraph (3). (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in subsection (b). 6. Online collection of geolocation information of children and minors (a) Acts prohibited (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that geolocation information being collected is from a child or minor, to collect geolocation information from a child or minor in a manner that violates the regulations prescribed under subsection (b). (2) Disclosure to parent or minor protected Notwithstanding paragraph (1), neither an operator nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of geolocation information under subparagraph (C)(ii)(III) or (D)(ii)(III) of subsection (b)(1). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that require an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that geolocation information being collected is from a child or minor— (A) to provide clear and conspicuous notice in clear and plain language of any geolocation information the operator collects, how the operator uses such information, and whether the operator discloses such information; (B) to establish procedures or mechanisms to ensure that geolocation information is not collected from children or minors except in accordance with regulations promulgated under this paragraph; (C) in the case of collection of geolocation information from a child— (i) prior to collecting such information, to obtain verifiable parental consent; and (ii) after collecting such information, to provide to the parent of the child, upon request by and proper identification of the parent— (I) a description of the geolocation information collected from the child by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the child; and (III) a means that is reasonable under the circumstances for the parent to obtain any geolocation information collected from the child, if such information is available to the operator at the time the parent makes the request; and (D) in the case of collection of geolocation information from a minor— (i) prior to collecting such information, to obtain affirmative express consent from such minor; and (ii) after collecting such information, to provide to the minor, upon request— (I) a description of the geolocation information collected from the minor by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the minor; and (III) a means that is reasonable under the circumstances for the minor to obtain any geolocation information collected from the minor, if such information is available to the operator at the time the minor makes the request. (2) When consent not required The regulations promulgated under paragraph (1) shall provide that verifiable parental consent under subparagraph (C)(i) of such paragraph or affirmative express consent under subparagraph (D)(i) of such paragraph is not required when the collection of the geolocation information of a child or minor is necessary, to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. (3) Continuation of service The regulations promulgated under paragraph (1) shall prohibit an operator from discontinuing service provided to— (A) a child on the basis of refusal by the parent of the child, under subparagraph (C)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the child by the operator, to the extent that the operator is capable of providing such service without such information; or (B) a minor on the basis of refusal by the minor, under subparagraph (D)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the minor by the operator, to the extent that the operator is capable of providing such service without such information. (c) Inconsistent State law No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this section that is inconsistent with the treatment of those activities or actions under this section. 7. Removal of content (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application to make publicly available through the website, service, or application content or information that contains or displays personal information of children or minors in a manner that violates the regulations prescribed under subsection (b). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that require an operator— (A) to the extent technologically feasible, to implement mechanisms that permit a user of the website, service, or application of the operator to erase or otherwise eliminate content or information submitted to the website, service, or application by such user that is publicly available through the website, service, or application and contains or displays personal information of children or minors; and (B) to take appropriate steps to make users aware of such mechanisms and to provide notice to users that such mechanisms do not necessarily provide comprehensive removal of the content or information submitted by such users. (2) Exception The regulations promulgated under paragraph (1) may not require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, service, or application of the operator by any person other than the user who is attempting to erase or otherwise eliminate such content or information, including content or information submitted by such user that was republished or resubmitted by another person. (3) Limitation Nothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. 8. Enforcement and applicability (a) Enforcement by the Commission (1) In general Except as otherwise provided, this Act and the regulations prescribed under this Act shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (2) Unfair or deceptive acts or practices Subject to subsection (b), a violation of this Act or a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (3) Actions by the Commission Subject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this Act or a regulation prescribed under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any person who violates this Act or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (b) Enforcement by certain other agencies Notwithstanding subsection (a), compliance with the requirements imposed under this Act shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, with respect to an insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )). (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) by the National Credit Union Administration Board, with respect to any Federal credit union. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ) (except as provided in section 406 of such Act ( 7 U.S.C. 226 ; 227)) by the Secretary of Agriculture, with respect to any activities subject to such Act. (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Enforcement by State attorneys general (1) In General (A) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation prescribed under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with this Act or such regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other relief as the court may consider to be appropriate. (B) Notice (i) In general Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I) written notice of that action; and (II) a copy of the complaint for that action. (ii) Exemption (I) In general Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph, if the attorney general determines that it is not feasible to provide the notice described in that clause before the filing of the action. (II) Notification In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (2) Intervention (A) In general On receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention If the Commission intervenes in an action under paragraph (1), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (3) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Actions by the Commission In any case in which an action is instituted by or on behalf of the Commission for violation of this Act or a regulation prescribed under this Act, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. (5) Venue; Service of Process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (d) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this Act shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )). (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) are inconsistent with this Act, this Act controls. 9. Rule for treatment of users of websites, services, and applications directed to children or minors An operator of a website, online service, online application, or mobile application that is directed to children or minors shall treat all users of such website, service, or application as children or minors (as the case may be) for purposes of this Act, except as permitted by the Commission by a regulation promulgated under this Act. 10. Definitions (a) In general In this Act: (1) Minor The term minor means an individual over the age of 12 and under the age of 16. (2) Targeted marketing The term targeted marketing means advertising or other efforts to market a product or service that are directed to a specific individual or device— (A) based on the personal information of the individual or a unique identifier of the device; and (B) as a result of use by the individual, or access by the device, of a website, online service, online application, or mobile application. (b) Terms defined by Commission In this Act, the terms directed to minors and geolocation information shall have the meanings given such terms by the Commission by regulation. Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that define such terms broadly enough so that they are not limited to current technology, consistent with the principles articulated by the Commission regarding the definition of the term Internet in its statement of basis and purpose on the final rule under the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) promulgated on November 3, 1999 (64 Fed. Reg. 59891). (c) Other definitions The definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ), as amended by section 3(a), shall apply in this Act, except to the extent the Commission provides otherwise by regulations issued under section 553 of title 5, United States Code. 11. Effective dates (a) In general Except as provided in subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Authority To promulgate regulations The following shall take effect on the date of the enactment of this Act: (1) The amendments made by subsections (a)(5) and (b)(3)(A) of section 3. (2) Sections 4(b), 5(c), 6(b), and 7(b). (3) Subsections (b) and (c) of section 10. (c) Digital Marketing Bill of Rights for Teens Section 5, except for subsection (c) of such section, shall take effect on the date that is 180 days after the promulgation of regulations under such subsection. | https://www.govinfo.gov/content/pkg/BILLS-113hr3481ih/xml/BILLS-113hr3481ih.xml |
113-hr-3482 | I 113th CONGRESS 1st Session H. R. 3482 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Garrett (for himself, Mrs. Carolyn B. Maloney of New York , Mr. King of New York , Mr. Luetkemeyer , Mr. Himes , Mrs. Bachmann , Mr. Westmoreland , Mr. Al Green of Texas , Mr. Hurt , Mr. Fincher , Mrs. McCarthy of New York , Mr. Mulvaney , Mr. Ross , Mrs. Wagner , Mr. Murphy of Florida , Mr. Cassidy , Mr. Sessions , Ms. Ros-Lehtinen , Mr. Deutch , Mr. McCaul , Mr. Harper , Mr. Culberson , Mr. Duncan of Tennessee , Mr. Boustany , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Investor Protection Act of 1970 to confirm that a customer’s net equity claim is based on the customer’s last statement and that certain recoveries are prohibited, to change how trustees are appointed, and for other purposes.
1. Short title This Act may be cited as the Restoring Main Street Investor Protection and Confidence Act . 2. Securities Investor Protection Act of 1970 amendments (a) Net equity based on last statement Section 16(11) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78lll(11) ) is amended to read as follows: (11) Net equity (A) In general The term net equity means the dollar amount of the account or accounts of a customer, to be determined by— (i) calculating the sum which would have been owed by the debtor to such customer if the debtor had liquidated, by sale or purchase on the filing date— (I) all securities positions of such customer (other than customer name securities reclaimed by such customer); and (II) all positions in futures contracts and options on futures contracts held in a portfolio margining account carried as a securities account pursuant to a portfolio margining program approved by the Commission, including all property collateralizing such positions, to the extent that such property is not otherwise included herein; minus (ii) any indebtedness of such customer to the debtor on the filing date; plus (iii) any payment by such customer of such indebtedness to the debtor which is made with the approval of the trustee and within such period as the trustee may determine (but in no event more than sixty days after the publication of notice under section 8(a)). (B) Treatment of certain commodity futures contracts A claim for a commodity futures contract received, acquired, or held in a portfolio margining account pursuant to a portfolio margining program approved by the Commission or a claim for a security futures contract, shall be deemed to be a claim with respect to such contract as of the filing date, and such claim shall be treated as a claim for cash. (C) Treatment of accounts held by a customer in separate capacities In determining net equity under this paragraph, accounts held by a customer in separate capacities shall be deemed to be accounts of separate customers. (D) Reliance on final customer statement (i) In general In determining net equity under this paragraph, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on— (I) the information contained in the last statement issued by the debtor to the customer before the filing date; and (II) any additional written confirmations of the customer’s positions, options, contracts, or indebtedness received after such last statement but before the filing date. (ii) Exception when debtor’s records indicate higher value Notwithstanding clause (i), if the books and records of the debtor indicate that the net value of a customer’s positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the net value of the customer as calculated under clause (i) using the customer’s last statement, then the determination of the net equity of the customer under this paragraph shall be done using the books and records of the debtor instead of the customer’s last statement. (iii) Fraud exception The provisions of this subparagraph shall not apply to any customer that— (I) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor which reasonably indicated a fraud adversely affecting a substantial number of customers; or (II) was a person that— (aa) was, or was required to be, registered— (AA) as a broker or dealer under the Securities Exchange Act of 1934; or (BB) as an investment adviser under the Investment Advisers Act of 1940, or that would have been required to register as an investment adviser under the Investment Advisers Act of 1940 but for section 203(m) of such Act; (bb) knew, or, due to the activities of such person causing such person to be described under item (aa), should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and (cc) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity. . (b) Allocation of customer property to customers Section 8(c) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–2(c) ) is amended— (1) in paragraph (1), by amending subparagraph (B) to read as follows: (B) second, to customers of such debtor, as described under paragraph (4); ; and (2) by adding at the end the following: (4) Allocation of customer property to customers (A) In general Allocations of customer property to customers under paragraph (1)(B) shall be made such that customers share in customer property based on a methodology— (i) based on the net equity of a customer, as determined using the last statement issued by the debtor to the customer before the filing date; (ii) determined by the trustee, in consultation with the Commission; and (iii) approved by the court. (B) Alternate methodology If the trustee determines that allocating customer property in accordance with subparagraph (A) would be unfair and inequitable to a substantial segment of customers and would not fully serve the remedial purposes of this Act, allocations of customer property to customers under paragraph (1)(B) shall be made such that customers share in customer property based on a fair and reasonable methodology, with special consideration for the typical, non-professional investor, that— (i) if the trustee determines that it is necessary in order to reach a fair and reasonable result, is determined without regard to section 16(11)(D); (ii) is determined by the trustee, in consultation with the Commission; and (iii) is approved by the court. (C) Public notice and comment Before approving a proposed methodology under subparagraph (A)(ii) or subparagraph (B)(ii), the court shall— (i) notify customers and other interested parties that the court is considering the proposed methodology; and (ii) provide the customers and interested parties an opportunity to provide comments on the proposed methodology. . (c) Prohibition on certain recoveries (1) In general Section 8 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–2 ) is amended by adding at the end the following new subsection: (g) Prohibition on certain recoveries Notwithstanding any other provision of this Act, a trustee may not recover any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, such customer— (1) knew the debtor was involved in fraudulent activity with respect to any customer of the debtor which reasonably indicated a fraud adversely affecting a substantial number of customers; or (2) was a person that— (A) was, or was required to be, registered— (i) as a broker or dealer under the Securities Exchange Act of 1934; or (ii) as an investment adviser under the Investment Advisers Act of 1940, or that would have been required to register as an investment adviser under the Investment Advisers Act of 1940 but for section 203(m) of such Act; (B) knew, or, due to the activities of such person causing such person to be described under subparagraph (A), should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and (C) did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity. . (2) Construction Nothing in this Act, or the amendments made by this Act, shall be construed as prohibiting a trustee appointed under the Securities Investor Protection Act of 1970 from recovering property transferred by a debtor to a person who is not a customer of the debtor. (d) Appointment of trustees (1) In general Section 5(b)(3) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78eee(b)(3) ) is amended to read as follows: (3) Appointment of trustee and attorney (A) In general If the court issues a protective decree under paragraph (1), such court shall forthwith appoint, as trustee for the liquidation of the business of the debtor and as attorney for the trustee, such persons as the court determines best fit to serve as trustee and as attorney from among the persons selected by the Commission pursuant to subparagraph (B). The persons appointed as trustee and as attorney for the trustee may be associated with the same firm. (B) Commission Candidates The Commission shall maintain a list of candidates for the position of trustee and attorney for the trustee for a debtor in a liquidation proceedings, and shall periodically update the list, as appropriate. With respect to a debtor and upon the court issuing a protective decree under paragraph (1), the Commission shall forthwith provide the court with such list. (C) Disinterest requirement No person may be appointed to serve as trustee or attorney for the trustee if such person is not disinterested within the meaning of paragraph (6), except that for any specified purpose other than to represent a trustee in conducting a liquidation proceeding, the trustee may, with the approval of SIPC and the court, employ an attorney who is not disinterested. (D) Qualification A trustee appointed under this paragraph shall qualify by filing a bond in the manner prescribed by section 322 of title 11, United States Code, except that neither SIPC nor any employee of SIPC shall be required to file a bond when appointed as trustee. (E) Prohibition on trustee serving in multiple liquidations A trustee may not be appointed under this paragraph if the trustee is currently serving as trustee for the liquidation of the business of another debtor under this Act. . (2) Compensation for trustee and attorney Section 5(b)(5) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78eee(b)(5) ) is amended— (A) in subparagraph (A), by adding at the end the following: The court shall publicly disclose all such allowances that are granted. ; (B) by amending subparagraph (C) to read as follows: (C) Awarding of allowances Whenever an application for allowances is filed pursuant to subparagraph (B), the court shall determine the amount of allowances, giving due consideration to the nature, extent, and value of the services rendered. ; and (C) by adding at the end the following: (F) SIPC disclosures SIPC shall issue quarterly public reports on— (i) all payments made by SIPC to the trustee; (ii) all other costs in connection with the liquidation proceeding, including legal and accounting costs; and (iii) all additional expenses incurred by SIPC, and the nature of such expenses. . (3) Effective date The amendment made this subsection shall take effect with respect to trustees and attorneys appointed after the date of the enactment of this Act. (e) Definition of customer status Section 16(2)(B) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78lll(2)(B) ) is amended— (1) in clause (ii), by striking “; and” and inserting a semicolon; (2) in clause (iii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new clauses: (iv) any person that had cash or securities that were converted or otherwise misappropriated by the debtor (or any person who controls, is controlled by, or is under common control with the debtor, if such person was operating through the debtor), irrespective of whether the debtor held or otherwise had custody, possession, or control of such cash or securities; and (v) any other person that the Commission, in its discretion and without any need for court approval, deems a customer of the debtor. . (f) Determination of need of protection Section 5 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78eee ) is amended— (1) in subsection (a)(3)— (A) by amending the heading for such paragraph by inserting the Commission or before sipc ; (B) in the first subparagraph (A)— (i) by inserting The Commission or before SIPC may ; and (ii) by inserting the Commission or before SIPC determines ; and (C) by redesignating the second subparagraph (A) and the first subparagraph (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; and (2) in subsection (b)(1), by striking application by SIPC and inserting application by the Commission or SIPC . (g) Timing of SIPC advances; Result of delay Section 9 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–3 ) is amended by adding at the end the following: (f) Timing of SIPC advances; Result of delay (1) In general SIPC advances made to satisfy customer claims pursuant to subsection (a) shall be made before the end of the 3-month period beginning on the date that is the end of the 6-month period described under section 8(a)(3), plus the amount of any extension granted under such paragraph. (2) Result of delay If SIPC fails to make advances to the trustee in the period specified in paragraph (1), then for purposes of calculating a customer’s net equity under this Act, interest shall accrue beginning on the date that is the end of the 3-month period specified in paragraph (1). (3) Court determination If the trustee determines that enough information has been provided to SIPC to make an advance pursuant to subsection (a), the trustee may petition the court to have the court direct SIPC to make such advance. . (h) Timing of payments to customers Section 8(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78fff–2(b) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (2) the following: (3) upon petition by a customer, order the trustee to carry out the obligations of the trustee under this subsection with respect to such customer; and (4) if the court determines that the trustee has improperly delayed carrying out the obligations of the trustee under this subsection, impose financial sanctions on the trustee. . (i) Commission authority To require SIPC action Section 11(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg(b) ) is amended to read as follows: (b) Commission authority To require SIPC action In the event of the refusal of SIPC to commit its funds or otherwise to act for the protection of customers of any member of SIPC, the Commission may require SIPC to discharge its obligations under this Act without court approval. . (j) Limitation on SEC loans to SIPC Section 4(g) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ddd(g) ) is amended by inserting after this Act the following: and the Commission, in consultation with the Secretary of the Treasury, determines that SIPC is unable to borrow in the public debt markets at reasonable terms (both as to yield and maturity) . (k) Inspection of SIPC members by SEC and self-Regulatory organizations (1) In general The Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. ) is amended— (A) in section 11, by adding at the end the following: (e) Inspection of SIPC members by SEC The Commission shall carry out periodic inspections of SIPC members to ensure that the information such members provide to customers, including information contained in account statements and transaction confirmations, is accurate. ; and (B) in section 13(c)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (ii) by striking The self-regulatory organization and inserting the following: (1) In general The self-regulatory organization ; and (iii) by adding at the end the following: (2) Inspection of information provided to customers Under such regulations as the Commission may prescribe, the self-regulatory organization of which a member of SIPC is a member or in which it is a participant shall inspect or examine such member to— (A) assess the financial stability of such member; and (B) ensure that the information such member provides to customers, including information contained in account statements and transaction confirmations, is accurate. . (2) Report Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the implementation of the amendments made by this subsection. 3. Effective date Except as provided under section 2(d)(3), the amendments made by section 2 shall take effect with respect to a liquidation proceeding under the Securities Investor Protection Act of 1970 that— (1) was in progress on the date of the enactment of this Act; or (2) is initiated after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3482ih/xml/BILLS-113hr3482ih.xml |
113-hr-3483 | I 113th CONGRESS 1st Session H. R. 3483 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Polis introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide exceptions from the firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law.
1. Short title This Act may be cited as the Protecting Individual Liberties and States' Rights Act . 2. Exceptions from firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law (a) Prohibitions applicable to felons and persons subject to a felony indictment Section 921(a)(20) of title 18, United States Code, is amended in the 1st sentence— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting , or ; and (3) by adding at the end the following: (C) any offense pertaining to marijuana that occurs in a State if the conduct constituting the offense is lawful under the law of the State. . (b) Prohibitions applicable to unlawful users of, or persons addicted to, a controlled substance (1) Sale or other disposition Section 922(d) of such title is amended by adding at the end the following: Paragraph (3) of the 1st sentence of this subsection shall not apply with respect to a sale or other disposition to a person who is in a State if the controlled substance involved is marijuana, the possession of marijuana is lawful under the law of the State, and the person is a resident of the State. . (2) Receipt, etc Section 922(g) of such title is amended by adding at the end the following: Paragraph (3) of the preceding sentence shall not apply with respect to conduct of a person in a State if the controlled substance involved is marijuana, the possession of marijuana is lawful under the law of the State, and the person is a resident of the State. . (c) Marijuana defined Section 921(a) of such title is amended by adding at the end the following: (36) The term marijuana has the meaning given the term marihuana in section 102(16) of the Controlled Substances Act. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3483ih/xml/BILLS-113hr3483ih.xml |
113-hr-3484 | I 113th CONGRESS 1st Session H. R. 3484 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Johnson of Georgia (for himself, Mr. Moran , Mr. Ellison , Mr. Carson of Indiana , Mr. Lewis , Mr. David Scott of Georgia , Mr. Grayson , Ms. Jackson Lee , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit certain individuals from possessing a firearm in an airport, and for other purposes.
1. Short title This Act may be cited as the Airport Security Act of 2013 . 2. Prohibition of possession of firearms at airports (a) Program To prohibit possession Section 44903 of title 49, United States Code, is amended by adding at the end the following new subsection: (n) Program To prohibit possession of firearms at airports (1) Establishment The Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish and carry out a program to prohibit, except as provided in paragraph (3), any individual from possessing a firearm at a covered airport, including any individual who enters the airport, or who exits public transportation at the airport, for the following purposes: (A) Air travel. (B) Meeting another individual. (C) Picking up cargo. (D) Employment at the airport. (2) Requirements for airport operators In carrying out the program established under paragraph (1), the Assistant Secretary shall require each airport operator to— (A) conspicuously display notices summarizing the program— (i) at each entrance to the airport; and (ii) in such form, and containing such information, as the Assistant Secretary shall by regulation prescribe; and (B) require law enforcement personnel to— (i) monitor the airport to prevent violations of paragraph (1); and (ii) escort any individual described in paragraph (3)(B)(ii) who is discovered by such personnel to be in possession of a firearm referred to in paragraph (3)(B)(i), to ensure that such individual continues to be excepted from paragraph (1) by reason of paragraph (3)(B). (3) Exceptions The following individuals shall not be prohibited by paragraph (1) from possessing a firearm under such paragraph: (A) Individuals authorized to carry a firearm An individual who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to carry a firearm at the covered airport. (B) Travelers An individual who possesses a firearm, if— (i) the firearm is unloaded, carried in a hard-sided container that is locked, and the key or combination to the lock is in the exclusive possession of the individual; and (ii) the individual— (I) is carrying a ticket in the name of the individual for a flight that is scheduled for departure from the covered airport within 24 hours or that has arrived at the airport within the preceding 24 hours; or (II) communicates the intention to obtain a ticket for departure referred to in subclause (I) at the covered airport and obtains and carries such ticket or does not obtain such ticket for a compelling reason. (C) Individuals shipping firearms An individual who possesses a firearm in a capacity relating to the shipment of the firearm in air commerce and who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to possess the firearm at the covered airport in such capacity. (D) Law enforcement officers An on-duty law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Federal Government, who is authorized to carry a firearm. (E) Certain individuals on public transportation An individual passing through an airport on public transportation. (F) Additional authorized individuals An individual who is otherwise authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to possess a firearm at a covered airport. (4) Issuance of regulations Not later than one year after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue regulations to carry out this subsection. (5) Definitions In this subsection: (A) Airport The term airport means an airport and any appurtenant building or area that is related to the operation of the airport, including a building or area on the site of the airport designed to— (i) receive passengers or cargo before or after a flight; or (ii) facilitate arrival at or departure from the airport, including— (I) a road or section of road used primarily for arrival at or departure from the airport; (II) an airport parking area; and (III) a public transportation stop. (B) Airport operator The term airport operator means the operator of a covered airport. (C) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Homeland Security (Transportation Security Administration). (D) Covered airport The term covered airport means an airport that in the preceding fiscal year received an amount allocated or apportioned under chapter 471. (E) Firearm The term firearm has the meaning given the term in section 921(a)(3) of title 18. (F) Public transportation The term public transportation means a conveyance that provides regular and continuing general or special transportation to the public. . (b) Criminal penalty for possession (1) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: 932. Possession of firearms at airports (a) In general Except as provided in subsection (b), an individual who knowingly possesses a firearm at a covered airport shall be fined under this title, imprisoned not more than 10 years, or both. (b) Exceptions Subsection (a) shall not apply to an individual described in section 44903(n)(3) of title 49. (c) Definition of covered airport In this section, the term covered airport has the meaning given the term in section 44903(n)(5)(D) of title 49. . (2) Effective date The amendment made by paragraph (1) shall take effect on the date that is 30 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) has issued regulations pursuant to section 44903(n)(4) of title 49, United States Code (as added by subsection (a)). (3) Conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: 932. Possession of firearms at airports. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3484ih/xml/BILLS-113hr3484ih.xml |
113-hr-3485 | I 113th CONGRESS 1st Session H. R. 3485 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Price of Georgia (for himself, Mrs. Bachmann , Mr. Bishop of Utah , Mrs. Blackburn , Mr. Bucshon , Mr. Cassidy , Mr. Chabot , Mr. Cole , Mr. Crawford , Mr. Crenshaw , Mr. Duncan of South Carolina , Mr. Fleming , Mr. Flores , Mr. Franks of Arizona , Mr. Gingrey of Georgia , Mr. Harper , Mr. Hudson , Mr. Huelskamp , Ms. Jenkins , Mr. Sam Johnson of Texas , Mr. Kingston , Mr. King of Iowa , Mr. LaMalfa , Mr. Marchant , Mr. Mulvaney , Mr. Olson , Mr. Pittenger , Mr. Pitts , Mr. Radel , Mr. Ribble , Mr. Ross , Mr. Salmon , Mr. Sessions , Mr. Westmoreland , Mr. Wilson of South Carolina , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization.
1. Short title This Act may be cited as the Employee Rights Act . 2. Amendments to the National Labor Relations Act (a) Unfair labor practices Section 8(b)(1) of the National Labor Relations Act ( 29 U.S.C. 158(b)(1) ) is amended by inserting interfere with before restrain . (b) Representatives and elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— (1) in subsection (a)— (A) by striking designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board, ; and (B) by inserting before the period the following: : Provided further, That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term majority shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election ; and (2) in subsection (e), by adding at the end the following: (3) Whenever any certified or voluntarily recognized bargaining unit existing on or after the date of enactment of the Employee Rights Act experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit on such date and (A) the unit represented employees are covered by a negotiated and agreed-upon collective agreement in effect between a labor organization representative and an employer, the Board shall conduct a secret paper ballot election among the represented employees in the bargaining unit between the 120th day and 110th day prior to the collective agreement’s expiration or prior to the conclusion of three years, whichever occurs earlier, or (B) there is no negotiated collective agreement then in effect between a labor organization and an employer, the Board shall conduct a secret paper ballot election among the represented employees in the bargaining unit within 30 days. Thereafter, a secret ballot election shall again be conducted under the same conditions and procedures whenever the recognized bargaining unit experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit then in existence at the time of the preceding secret paper ballot election. The election shall be conducted without regard to the pendency of any unfair labor practice charge against the employer or the labor organization representative and the Board shall rule on any objections to the election pursuant to its established timeframes for resolving such matters. If a majority of the votes cast in a valid election reject the continuing representation by the labor organization, the Board shall withdraw the labor organization’s certification, the labor organization shall cease representation of employees in the bargaining unit, and any obligations to or on behalf of the labor organization in a collectively bargained contract then in effect shall terminate. . (c) Fair representation in elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— (1) in subsection (b), by inserting prior to an election after in each case ; and (2) in subsection (c)— (A) in the flush matter following paragraph (1)(B)— (i) by inserting of 14 days in advance after appropriate hearing upon due notice ; (ii) by inserting , and a review of post-hearing appeals, after the record of such hearing ; and (iii) by adding at the end the following: The employer shall provide the Board a list consisting only of employee names and home addresses of all eligible voters within 7 days following the Board’s determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters. Any employee may elect to be excluded from such list by notifying the employer in writing. ; and (B) by adding at the end the following: (6) (A) No election shall take place after the filing of any petition unless and until— (i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (ii) the issues are resolved by a Regional Director, subject to appeal and review, or by the Board. (B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until the Board has ruled on— (i) each pre-election issue not resolved before the election; and (ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election. . (d) Penalties Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is amended by inserting after the second sentence following the second proviso, the following: Any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, shall be liable for wages lost and union dues or fees collected unlawfully, if any, and an additional amount as liquidated damages. Any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition. . 3. Amendments to the Labor-Management Reporting and Disclosure Act of 1959 (a) Definition Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402(k) ) is amended by striking ballot, voting machine, or otherwise, but and inserting paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and . (b) Rights of members Section 101(a)(1) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a)(1) ) is amended by adding at the end the following Every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. . (c) Right not To subsidize union nonrepresentational activities Title I of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411 et seq. ) is amended by adding at the end the following: 106. Right not to subsidize union nonrepresentational activities No employee’s union dues, fees, or assessments or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly related to the labor organization’s collective bargaining or contract administration functions on behalf of the represented unit employee unless the employee member, or nonmember required to make such payments as a condition of employment, authorizes such expenditure in writing, after a notice period of not less than 35 days. An initial authorization provided by an employee under the preceding sentence shall expire not later than 1 year after the date on which such authorization is signed by the employee. There shall be no automatic renewal of an authorization under this section. . (d) Limitations Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a) ) is amended by adding at the end the following: (6) Limitation No strike shall commence without the consent of a majority of all represented unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization involved. In any case in which the employer involved has made an offer for a collective bargaining agreement, the represented unit employees involved shall be provided the opportunity for a secret ballot vote on such offer prior to any vote relating to the commencement of a strike. The cost of any such election shall be borne by the labor organization. . (e) Reporting by labor organizations Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431(c) ) is amended— (1) by inserting and the independently verified annual audit report of the labor organization’s financial condition and operations after required to be contained in such report ; (2) by inserting and represented unit nonmembers after members ; (3) by inserting and represented unit nonmember after any member ; (4) by striking and after any books, records, ; and (5) by inserting , and independently verified annual audit report of the labor organization’s financial condition and operations before necessary to verify such report. . (f) Acts of violence Section 610 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 530 ) is amended— (1) by striking It shall and inserting (a) It shall ; and (2) by adding at the end the following: (b) It shall be unlawful for any person, through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any person for the purpose of obtaining from any person any right to represent employees or any compensation or other term or condition of employment. Any person who willfully violates this subsection shall be fined not more than $100,000 or imprisoned for not more than 10 years, or both. (c) The lawfulness of a labor organization’s objectives shall not remove or exempt from the definition of extortion conduct by the labor organization or its agents that otherwise constitutes extortion as defined by section 1951(b)(2) of title 18, United States Code, from the definition of extortion. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3485ih/xml/BILLS-113hr3485ih.xml |
113-hr-3486 | I 113th CONGRESS 1st Session H. R. 3486 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Graves of Georgia (for himself, Mr. Duncan of South Carolina , Mr. Woodall , Mr. DeSantis , Mr. Huizenga of Michigan , Mr. Weber of Texas , Mr. Amash , Mr. Rokita , Mr. Westmoreland , Mr. Stutzman , Mr. Gohmert , Mr. Franks of Arizona , Mr. Jones , Mr. Hensarling , Mr. Mulvaney , Mr. Schweikert , Mr. Long , Mr. Broun of Georgia , Mr. Gingrey of Georgia , Mr. Brady of Texas , and Mr. Huelskamp ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Ways and Means and the Budget , 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 empower States with authority for most taxing and spending for highway programs and mass transit programs, and for other purposes.
1. Short title This Act may be cited as the Transportation Empowerment Act . 2. Findings and purposes (a) Findings Congress finds that— (1) the objective of the Federal highway program has been to facilitate the construction of a modern freeway system that promotes efficient interstate commerce by connecting all States; (2) that objective has been attained, and the Interstate System connecting all States is near completion; (3) each State has the responsibility of providing an efficient transportation network for the residents of the State; (4) each State has the means to build and operate a network of transportation systems, including highways, that best serves the needs of the State; (5) each State is best capable of determining the needs of the State and acting on those needs; (6) the Federal role in highway transportation has, over time, usurped the role of the States by taxing motor fuels used in the States and then distributing the proceeds to the States based on the Federal Government’s perceptions of what is best for the States; (7) the Federal Government has used the Federal motor fuels tax revenues to force all States to take actions that are not necessarily appropriate for individual States; (8) the Federal distribution, review, and enforcement process wastes billions of dollars on unproductive activities; (9) Federal mandates that apply uniformly to all 50 States, regardless of the different circumstances of the States, cause the States to waste billions of hard-earned tax dollars on projects, programs, and activities that the States would not otherwise undertake; and (10) Congress has expressed a strong interest in reducing the role of the Federal Government by allowing each State to manage its own affairs. (b) Purposes The purposes of this Act are— (1) to return to the individual States maximum discretionary authority and fiscal responsibility for all elements of the national surface transportation systems that are not within the direct purview of the Federal Government; (2) to preserve Federal responsibility for the Dwight D. Eisenhower National System of Interstate and Defense Highways; (3) to preserve the responsibility of the Department of Transportation for— (A) design, construction, and preservation of transportation facilities on Federal public land; (B) national programs of transportation research and development and transportation safety; and (C) emergency assistance to the States in response to natural disasters; (4) to eliminate to the maximum extent practicable Federal obstacles to the ability of each State to apply innovative solutions to the financing, design, construction, operation, and preservation of Federal and State transportation facilities; and (5) with respect to transportation activities carried out by States, local governments, and the private sector, to encourage— (A) competition among States, local governments, and the private sector; and (B) innovation, energy efficiency, private sector participation, and productivity. 3. Funding limitation Notwithstanding any other provision of law, if the Secretary of Transportation determines for any of fiscal years 2015 through 2019 that the aggregate amount required to carry out transportation programs and projects under this Act and amendments made by this Act exceeds the estimated aggregate amount in the Highway Trust Fund available for those programs and projects for the fiscal year, each amount made available for such a program or project shall be reduced by the pro rata percentage required to reduce the aggregate amount required to carry out those programs and projects to an amount equal to that available for those programs and projects in the Highway Trust Fund for the fiscal year. 4. Funding for core highway programs (a) In general (1) Authorization of appropriations The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Federal-aid highway program For the national highway performance program under section 119 of title 23, United States Code, the surface transportation program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, and to carry out section 134 of that title— (i) $37,592,576,000 for fiscal year 2015; (ii) $19,720,696,000 for fiscal year 2016; (iii) $13,147,130,000 for fiscal year 2017; (iv) $10,271,196,000 for fiscal year 2018; and (v) $7,600,685,000 for fiscal year 2019. (B) Emergency relief For emergency relief under section 125 of that title, $100,000,000 for each of fiscal years 2015 through 2019. (C) Federal lands programs (i) Federal lands transportation program For the Federal lands transportation program under section 203 of that title, $300,000,000 for each of fiscal years 2015 through 2019, of which $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service. (ii) Federal lands access program For the Federal lands access program under section 204 of that title, $250,000,000 for each of fiscal years 2015 through 2019. (D) Administrative expenses Section 104(a)(1) of title 23, United States Code, is amended to read as follows: (1) In general There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $437,600,000 for fiscal year 2015; (B) $229,565,000 for fiscal year 2016; (C) $153,043,000 for fiscal year 2017; (D) $119,565,000 for fiscal year 2018; and (E) $88,478,000 for fiscal year 2019. . (2) Transferability of funds Section 104 of title 23, United States Code, is amended by striking subsection (f) and inserting the following: (f) Transferability of funds (1) In general To the extent that a State determines that funds made available under this title to the State for a purpose are in excess of the needs of the State for that purpose, the State may transfer the excess funds to, and use the excess funds for, any surface transportation (including mass transit and rail) purpose in the State. (2) Enforcement If the Secretary determines that a State has transferred funds under paragraph (1) to a purpose that is not a surface transportation purpose as described in paragraph (1), the amount of the improperly transferred funds shall be deducted from any amount the State would otherwise receive from the Highway Trust Fund for the fiscal year that begins after the date of the determination. . (3) Federal-aid system (A) In general Section 103(a) of title 23, United States Code, is amended by striking the National Highway System, which includes . (B) Conforming amendments Chapter 1 of title 23, United States Code, is amended— (i) in section 103 by striking the section designation and heading and inserting the following: 103. Federal-aid system ; and (ii) in the analysis by striking the item relating to section 103 and inserting the following: 103. Federal-aid system. . (4) Calculation of State amounts Section 104(c) of title 23, United States Code, is amended— (A) in paragraph (2)— (i) in the paragraph heading by striking For fiscal year 2014 and inserting Thereafter ; and (ii) in subparagraph (A) by striking fiscal year 2014 and inserting a fiscal year . (5) National bridge and tunnel inventory and inspection standards (A) In general Section 144 of title 23, United States Code, is amended— (i) in subsection (e)(1) by inserting on the Federal-aid system after any bridge ; and (ii) in subsection (f)(1) by inserting on the Federal-aid system after construct any bridge . (B) Repeal of historic bridges provisions Section 144(g) of title 23, United States Code, is repealed. (6) Repeal of transportation alternatives program The following provisions are repealed: (A) Section 213 of title 23, United States Code. (B) The item relating to section 213 in the analysis for chapter 1 of title 23, United States Code. (7) National defense highways Section 311 of title 23, United States Code, is amended— (A) in the first sentence, by striking under subsection (a) of section 104 of this title and inserting to carry out this section ; and (B) by striking the second sentence. (8) Federalization and defederalization of projects Notwithstanding any other provision of law, beginning on October 1, 2014— (A) a highway construction or improvement project shall not be considered to be a Federal highway construction or improvement project unless and until a State expends Federal funds for the construction portion of the project; (B) a highway construction or improvement project shall not be considered to be a Federal highway construction or improvement project solely by reason of the expenditure of Federal funds by a State before the construction phase of the project to pay expenses relating to the project, including for any environmental document or design work required for the project; and (C) (i) a State may, after having used Federal funds to pay all or a portion of the costs of a highway construction or improvement project, reimburse the Federal Government in an amount equal to the amount of Federal funds so expended; and (ii) after completion of a reimbursement described in clause (i), a highway construction or improvement project described in that clause shall no longer be considered to be a Federal highway construction or improvement project. (9) Reporting requirements No reporting requirement, other than a reporting requirement in effect as of the date of enactment of this Act, shall apply on or after October 1, 2014, to the use of Federal funds for highway projects by a public-private partnership. (b) Expenditures from Highway Trust Fund (1) Expenditures for core programs Section 9503(c) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1)— (i) by striking October 1, 2014 and inserting October 1, 2020 ; and (ii) by striking MAP–21 and inserting Transportation Empowerment Act ; (B) in paragraphs (3)(A)(i), (4)(A), and (5), by striking October 1, 2016 each place it appears and inserting October 1, 2022 ; and (C) in paragraph (2), by striking July 1, 2017 and inserting July 1, 2023 . (2) Amounts available for core program expenditures Section 9503 of such Code is amended by adding at the end the following: (g) Core programs financing rate For purposes of this section— (1) In general Except as provided in paragraph (2)— (A) in the case of gasoline and special motor fuels the tax rate of which is the rate specified in section 4081(a)(2)(A)(i), the core programs financing rate is— (i) after September 30, 2014, and before October 1, 2015, 18.3 cents per gallon, (ii) after September 30, 2015, and before October 1, 2016, 9.6 cents per gallon, (iii) after September 30, 2016, and before October 1, 2017, 6.4 cents per gallon, (iv) after September 30, 2017, and before October 1, 2018, 5.0 cents per gallon, and (v) after September 30, 2018, 3.7 cents per gallon, and (B) in the case of kerosene, diesel fuel, and special motor fuels the tax rate of which is the rate specified in section 4081(a)(2)(A)(iii), the core programs financing rate is— (i) after September 30, 2014, and before October 1, 2015, 24.3 cents per gallon, (ii) after September 30, 2015, and before October 1, 2016, 12.7 cents per gallon, (iii) after September 30, 2016, and before October 1, 2017, 8.5 cents per gallon, (iv) after September 30, 2017, and before October 1, 2018, 6.6 cents per gallon, and (v) after September 30, 2018, 5.0 cents per gallon. (2) Application of rate In the case of fuels used as described in paragraph (3)(C), (4)(B), and (5) of subsection (c), the core programs financing rate is zero. . (c) Termination of Mass Transit Account Section 9503(e)(2) of the Internal Revenue Code of 1986 is amended— (1) by inserting and before October 1, 2014 after March 31, 1983 , and (2) by adding at the end the following new paragraph: (6) Transfer to Highway Account On October 1, 2014, the Secretary shall transfer all amounts in the Mass Transit Account to the Highway Account. . (d) Effective date The amendments and repeals made by this section take effect on October 1, 2014. 5. Funding for highway research and development program (a) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out section 503(b) of title 23, United States Code, $115,000,000 for each of fiscal years 2015 through 2019. (b) Applicability of title 23, United States Code Funds authorized to be appropriated by subsection (a) shall— (1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and (2) remain available until expended and not be transferable. 6. Return of excess tax receipts to States (a) In general Section 9503(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (6) Return of excess tax receipts to States for surface transportation purposes (A) In general On the first day of each of fiscal years 2016, 2017, 2018, and 2019, the Secretary, in consultation with the Secretary of Transportation, shall— (i) determine the excess (if any) of— (I) the amounts appropriated in such fiscal year to the Highway Trust Fund under subsection (b) which are attributable to the taxes described in paragraphs (1) and (2) thereof (after the application of paragraph (4) thereof) over the sum of— (II) the amounts so appropriated which are equivalent to— (aa) such amounts attributable to the core programs financing rate for such year, plus (bb) the taxes described in paragraphs (3)(C), (4)(B), and (5) of subsection (c), and (ii) allocate the amount determined under clause (i) among the States (as defined in section 101(a) of title 23, United States Code) for surface transportation (including mass transit and rail) purposes so that— (I) the percentage of that amount allocated to each State, is equal to (II) the percentage of the amount determined under clause (i)(I) paid into the Highway Trust Fund in the latest fiscal year for which such data are available which is attributable to highway users in the State. (B) Enforcement If the Secretary determines that a State has used amounts under subparagraph (A) for a purpose which is not a surface transportation purpose as described in subparagraph (A), the improperly used amounts shall be deducted from any amount the State would otherwise receive from the Highway Trust Fund for the fiscal year which begins after the date of the determination. . (b) Effective date The amendment made by this section takes effect on October 1, 2014. 7. Reduction in taxes on gasoline, diesel fuel, kerosene, and special fuels funding Highway Trust Fund (a) Reduction in tax rate (1) In general Section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended— (A) in clause (i), by striking 18.3 cents and inserting 3.7 cents ; and (B) in clause (iii), by striking 24.3 cents and inserting 5.0 cents . (2) Conforming amendments (A) Section 4081(a)(2)(D) of such Code is amended— (i) by striking 19.7 cents and inserting 4.1 cents , and (ii) by striking 24.3 cents and inserting 5.0 cents . (B) Section 6427(b)(2)(A) of such Code is amended by striking 7.4 cents and inserting 1.5 cents . (b) Additional conforming amendments (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue Code of 1986 is amended by striking 7.3 cents per gallon (4.3 cents per gallon after September 30, 2016) and inserting 1.4 cents per gallon (zero after September 30, 2021) . (2) Section 4041(a)(2)(B)(ii) of such Code is amended by striking 24.3 cents and inserting 5.0 cents . (3) Section 4041(a)(3)(A) of such Code is amended by striking 18.3 cents and inserting 3.7 cents . (4) Section 4041(m)(1) of such Code is amended— (A) in subparagraph (A), by striking 2016 and inserting 2021, ; (B) in subparagraph (A)(i), by striking 9.15 cents and inserting 1.8 cents ; (C) in subparagraph (A)(ii), by striking 11.3 cents and inserting 2.3 cents ; and (D) by striking subparagraph (B) and inserting the following: (B) zero after September 30, 2021. . (5) Section 4081(d)(1) of such Code is amended by striking 4.3 cents per gallon after September 30, 2016 and inserting zero after September 30, 2021 . (6) Section 9503(b) of such Code is amended— (A) in paragraphs (1) and (2), by striking October 1, 2016 both places it appears and inserting October 1, 2021 ; (B) in the heading of paragraph (2), by striking October 1, 2016 and inserting October 1, 2021 ; (C) in paragraph (2), by striking after September 30, 2016, and before July 1, 2017 and inserting after September 30, 2021, and before July 1, 2022 ; and (D) in paragraph (6)(B), by striking October 1, 2014 and inserting October 1, 2019 . (c) Floor stock refunds (1) In general If— (A) before October 1, 2019, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any liquid; and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale; there shall be credited or refunded (without interest) to the person who paid such tax (in this subsection referred to as the taxpayer ) an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (2) Time for filing claims No credit or refund shall be allowed or made under this subsection unless— (A) claim therefor is filed with the Secretary of the Treasury before April 1, 2020; and (B) in any case where liquid is held by a dealer (other than the taxpayer) on October 1, 2019— (i) the dealer submits a request for refund or credit to the taxpayer before January 1, 2020; and (ii) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks No credit or refund shall be allowed under this subsection with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (4) Definitions For purposes of this subsection, the terms dealer and held by a dealer have the respective meanings given to such terms by section 6412 of such Code; except that the term dealer includes a producer. (5) Certain rules to apply Rules similar to the rules of subsections (b) and (c) of section 6412 and sections 6206 and 6675 of such Code shall apply for purposes of this subsection. (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to fuel removed after September 30, 2019. (2) Certain conforming amendments The amendments made by subsections (b)(4) and (b)(6) shall apply to fuel removed after September 30, 2016. 8. Report to Congress Not later than 180 days after the date of enactment of this Act, after consultation with the appropriate committees of Congress, the Secretary of Transportation shall submit a report to Congress describing such technical and conforming amendments to titles 23 and 49, United States Code, and such technical and conforming amendments to other laws, as are necessary to bring those titles and other laws into conformity with the policy embodied in this Act and the amendments made by this Act. 9. Effective date contingent on certification of deficit neutrality (a) Purpose The purpose of this section is to ensure that— (1) this Act will become effective only if the Director of the Office of Management and Budget certifies that this Act is deficit neutral; (2) discretionary spending limits are reduced to capture the savings realized in devolving transportation functions to the State level pursuant to this Act; and (3) the tax reduction made by this Act is not scored under pay-as-you-go and does not inadvertently trigger a sequestration. (b) Effective date contingency Notwithstanding any other provision of this Act, this Act and the amendments made by this Act shall take effect only if— (1) the Director of the Office of Management and Budget (referred to in this section as the Director ) submits the report as required in subsection (c); and (2) the report contains a certification by the Director that, based on the required estimates, the reduction in discretionary outlays resulting from the reduction in contract authority is at least as great as the reduction in revenues for each fiscal year through fiscal year 2019. (c) OMB estimates and report (1) Requirements Not later than 5 calendar days after the date of enactment of this Act, the Director shall— (A) estimate the net change in revenues resulting from this Act for each fiscal year through fiscal year 2019; (B) estimate the net change in discretionary outlays resulting from the reduction in contract authority under this Act for each fiscal year through fiscal year 2019; (C) determine, based on those estimates, whether the reduction in discretionary outlays is at least as great as the reduction in revenues for each fiscal year through fiscal year 2019; and (D) submit to Congress a report setting forth the estimates and determination. (2) Applicable assumptions and guidelines (A) Revenue estimates The revenue estimates required under paragraph (1)(A) shall be predicated on the same economic and technical assumptions and score keeping guidelines that would be used for estimates made pursuant to section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902(d) ). (B) Outlay estimates The outlay estimates required under paragraph (1)(B) shall be determined by comparing the level of discretionary outlays resulting from this Act with the corresponding level of discretionary outlays projected in the baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907 ). (d) Conforming adjustment to discretionary spending limits On compliance with the requirements specified in subsection (b), the Director shall adjust the adjusted discretionary spending limits for each fiscal year through fiscal year 2019 under section 601(a)(2) of the Congressional Budget Act of 1974 ( 2 U.S.C. 665(a)(2) ) by the estimated reductions in discretionary outlays under subsection (c)(1)(B). (e) Paygo interaction On compliance with the requirements specified in subsection (b), no changes in revenues estimated to result from the enactment of this Act shall be counted for the purposes of section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902(d) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3486ih/xml/BILLS-113hr3486ih.xml |
113-hr-3487 | I 113th CONGRESS 1st Session H. R. 3487 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Federal Election Campaign Act to extend through 2018 the authority of the Federal Election Commission to impose civil money penalties on the basis of a schedule of penalties established and published by the Commission, to expand such authority to certain other violations, and for other purposes.
1. Extension of administrative penalty authority of Federal Election Commission through 2018 Section 309(a)(4)(C)(iv) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(a)(4)(C)(iv) ) is amended by striking December 31, 2013 and inserting December 31, 2018 . 2. Expansion of administrative penalty authority of Federal Election Commission (a) Application to qualified disclosure requirements Section 309(a)(4)(C)(i) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(a)(4)(C)(i) ) is amended by striking any requirement of section 304(a) of the Act ( 2 U.S.C. 434(a) ) and inserting a qualified disclosure requirement . (b) Schedule of penalties for each violation Section 309(a)(4)(C)(i)(II) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(a)(4)(C)(i)(II) ) is amended by inserting , for violations of each qualified disclosure requirement, before under a schedule of penalties . (c) Definition of qualified disclosure requirement Section 309(a)(4)(C) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(a)(4)(C) ) is amended— (1) by redesignating clause (iv), as amended by section 1, as clause (v); and (2) by inserting after clause (iii) the following new clause: (iv) In this subparagraph, the term qualified disclosure requirement means any requirement of— (I) subsections (a), (c), (e), (f), (g), or (i) of section 304; or (II) section 305. . 3. Effective date The amendments made by this Act shall take effect on the earlier of— (1) December 31, 2013; or (2) the date of the enactment of this Act.
Passed the House of Representatives November 18, 2013. Karen L. Haas, Clerk. | https://www.govinfo.gov/content/pkg/BILLS-113hr3487eh/xml/BILLS-113hr3487eh.xml |
113-hr-3488 | I 113th CONGRESS 1st Session H. R. 3488 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Meehan (for himself, Mr. DeFazio , Mr. Bishop of Georgia , Mrs. Blackburn , Mr. Brady of Pennsylvania , Mrs. Brooks of Indiana , Mr. Broun of Georgia , Mr. Carson of Indiana , Mr. Cassidy , Mr. Chaffetz , Mr. Cole , Mr. Crowley , Mr. Rodney Davis of Illinois , Mr. Gerlach , Mr. Gibson , Mr. Gene Green of Texas , Mr. Grimm , Mrs. Hartzler , Mr. Higgins , Mr. Johnson of Ohio , Mr. Johnson of Georgia , Mr. Jones , Mr. Joyce , Mr. Keating , Mr. King of New York , Mr. Lance , Mr. LoBiondo , Ms. McCollum , Mr. McKinley , Ms. Meng , Mrs. Miller of Michigan , Mr. Nadler , Mrs. Napolitano , Mr. Pallone , Mr. Pascrell , Mr. Peters of Michigan , Mr. Rangel , Mr. Renacci , Mr. Rogers of Alabama , Mr. Scalise , Ms. Titus , Mr. Westmoreland , Ms. Wilson of Florida , Mr. Fitzpatrick , Mr. Southerland , Mr. Rahall , Mr. Bucshon , Mr. Larsen of Washington , Mr. George Miller of California , Mr. Huizenga of Michigan , Mr. Courtney , Mr. Sessions , Mr. Lewis , Ms. Eddie Bernice Johnson of Texas , Mr. Ruiz , Mr. Collins of New York , Mr. Stivers , Ms. Brown of Florida , Ms. DeLauro , Mr. Poe of Texas , Mr. Radel , and Mr. Graves of Georgia ) introduced the following bill; which was referred to the Committee on Homeland Security , 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 conditions under which the Secretary of Homeland Security may establish preclearance facilities, conduct preclearance operations, and provide customs services outside the United States, and for other purposes.
1. Authority to establish preclearance facilities, conduct preclearance operations, and provide customs services outside the United States (a) Authority (1) In general Notwithstanding any other provision of law and only in accordance with the provisions of subsection (b), the Secretary of Homeland Security (hereafter in this Act referred to as the Secretary ) may, on or after the date of the enactment of this Act, establish a preclearance facility, conduct preclearance operations, or provide customs services outside the United States to prevent terrorists, terrorist instruments, and other national security threats from gaining access to the United States. (2) Non-applicability The provisions of paragraph (1) shall not apply to any preclearance facility that was in operation, operations that were being conducted, or customs services that were being provided outside the United States prior to the date of the enactment of this Act. Any preclearance facility located, preclearance operations conducted, or customs services provided at Abu Dhabi International Airport, Al Maktoum International Airport, or Dubai International Airport in the United Arab Emirates, or Doha International Airport in Qatar, shall not be considered to have been in operation, conducted, or provided, as the case may be, prior to the date of the enactment of this Act for purposes of the preceding sentence, and no such facility, operations, or services may be established, conducted, or provided, as the case may be, at any of such airports on or after such date. (b) Notice and assessment (1) Notice (A) In general Not later than 180 days before entering into any agreement to establish a preclearance facility, conduct preclearance operations, or provide customs services outside the United States, the Secretary shall provide to the appropriate congressional committees a notice of intent to establish such facility, conduct such operations, or provide such services. Such notice shall include— (i) an assessment by the Secretary of the impacts on passengers traveling to the United States of establishing such facility, conducting such operations, or providing such services; (ii) an assessment by the Secretary of the economic impacts on United States air carriers of establishing such facility, conducting such operations, or providing such services, including the network effects, impact on global traffic flows, impacts on relevant alliance partnerships or joint ventures of such air carriers, and any associated job impacts on employees of such air carriers; (iii) an assessment by the Secretary of the security benefits and liabilities that will result from establishing such facility, conducting such operations, or providing such services; (iv) an assessment by the Secretary of the impact on customs staffing at United States airports that will result from establishing such facility, conducting such operations, or providing such services; and (v) such other factors as the Secretary determines to be relevant and necessary for the appropriate congressional committees to adequately review the necessity of establishing such facility, conducting such operations, or providing such services. (B) Consultation In making the assessments required under clauses (i), (ii), and (iii) of subparagraph (A), the Secretary shall consult with the Secretary of Transportation. (C) Copy of agreement The Secretary shall provide to the appropriate congressional committees, together with the notice of intent required under subparagraph (A), a copy of the agreement which is the subject of the notice of intent. (2) Assessment Any notice of intent provided under paragraph (1)(A), together with the agreement under paragraph (1)(C) which is the subject of the notice of intent, shall be provided concurrently to the Government Accountability Office. Not later than 60 days after receipt of such notice and agreement, the Comptroller General of the United States shall provide to the appropriate congressional committees an assessment of the impacts on employment by United States air carriers of the establishment of a preclearance facility, the conduct of preclearance operations, or the provision of customs services outside the United States as proposed under the notice and agreement. (3) Effective date After providing a notice of intent under paragraph (1)(A) with respect to an agreement to establish a preclearance facility, conduct preclearance operations, or provide customs services outside the United States, the Secretary may enter into the agreement only after the expiration of the applicable review period. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Transportation and Infrastructure of the House of Representatives; and (2) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, and the Committee on Commerce, Science, and Transportation of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-113hr3488ih/xml/BILLS-113hr3488ih.xml |
113-hr-3489 | I 113th CONGRESS 1st Session H. R. 3489 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Tiberi (for himself, Mr. Lipinski , Mr. Boustany , Mr. Schock , Mr. Brady of Texas , Ms. Jenkins , Mr. Sam Johnson of Texas , Mr. Reichert , Mr. Griffin of Arkansas , Mr. McIntyre , Mr. Turner , Mrs. Black , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 1341 of the Patient Protection and Affordable Care Act to repeal the funding mechanism for the transitional reinsurance program in the individual market, and for other purposes.
1. Findings; purpose (a) Findings Congress makes the following findings: (1) According to the most recent United States Census, employer-based health insurance is the largest source of health insurance coverage in the United States. Of those employed, 70 percent receive employment-based health insurance. Of unemployed Americans, 30 percent receive employer-sponsored health insurance. (2) Despite the large percentages of coverage, as health care costs climb, the percentage of Americans who receive health insurance through employers has fallen significantly over the last decade—from 70 percent nationwide in 2000 to 60 percent in 2011, according to a report by the Robert Wood Johnson Foundation. (3) According to recent surveys done by the National Business Group on Health and the Kaiser Family Foundation, most companies continue to provide health insurance for employees and wish to continue doing so into the future. (4) Employers who offer insurance will not contribute additional risk to the health insurance exchanges established in the Patient Protection and Affordable Care Act (in this Act referred to as PPACA ). (5) The transitional reinsurance program, established in section 1341 of PPACA, is intended to stabilize risk in the individual health insurance market during the first three years of the health insurance exchanges, as established by that Act. (6) PPACA also requires that the Treasury collect a fee for each employer-sponsored covered life in order to pay for the transitional reinsurance program. (7) This fee is a disincentive for employers to continue offering coverage to all employees, and does not give employers any benefits of the transitional reinsurance program. (b) Purpose It is the purpose of this Act to remove the current funding mechanism for the transitional reinsurance program. Employer-sponsored insurance should be supported so that Americans can sustain quality health coverage. 2. Changes in funding for transitional reinsurance program in the individual market (a) In general Section 1341(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 18061(b) ) is amended— (1) in paragraph (1), by striking under which— and all that follows and inserting the following: under which the applicable reinsurance entity uses amounts appropriated under paragraph (2)(B) to make reinsurance payments to health insurance issuers that cover high risk individuals in the individual market (excluding grandfathered health plans) for any plan year beginning in the 3-year period beginning January 1, 2014. ; (2) in paragraph (2)(B), by striking Payment amount and all that follows through the end of the first sentence and inserting the following: Authorization of appropriations; payment formula.— There are hereby authorized to be appropriated, based on the best estimates of the NAIC, $10,000,000,000 for plan years beginning in 2014, $6,000,000,000 for plan years beginning in 2015, and $4,000,000,000 for plan years beginning in 2016 to make reinsurance payments to health insurance issuers described in paragraph (1) that insure high-risk individuals consistent with paragraph (3). ; and (3) by striking paragraphs (3) and (4) and inserting the following: (3) Extension of fund availability and treatment of unexpended amounts (A) Extension of fund availability The amounts appropriated for a plan year under paragraph (2)(B) shall be allocated among States and used in any of the plan years referred to in such paragraph based on the reinsurance needs of the States and periods involved, as determined by the Secretary. (B) Treatment of unexpended amounts Amounts appropriated under paragraph (2)(B) that remain unexpended as of December 31, 2016, and that are otherwise allocated to a State may be used to make payments under any reinsurance program of the State in the individual market in effect in the 2-year period beginning on January 1, 2017. . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of section 1341 of Public Law 111–148 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3489ih/xml/BILLS-113hr3489ih.xml |
113-hr-3490 | I 113th CONGRESS 1st Session H. R. 3490 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Graves of Missouri (for himself and Mr. Clay ) 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 and expand the deduction for certain expenses of elementary and secondary school teachers.
1. Short title This Act may be cited as the Teacher Tax Deduction Enhancement Act of 2013 . 2. Deduction for certain expenses of preschool, elementary and secondary school teachers (a) In general Section 62(a)(2)(D) of the Internal Revenue Code of 1986 is amended to read as follows: (D) Certain expenses of preschool, elementary and secondary school teachers In the case of taxable years beginning before 2020, the deductions allowed by section 162 which consist of expenses, not in excess of the applicable amount, paid or incurred by an eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. . (b) Definitions Section 62(d) of the Internal Revenue Code of 1986 is amended to read as follows: (d) Definitions relating to preschool, elementary and secondary school teachers For purposes of subsection (a)(2)(D) and this subsection— (1) Applicable amount The term applicable amount means— (A) $500 in the case of a full-time educator, and (B) $250 in any other case. (2) Eligible educator The term eligible educator means, with respect to any taxable year, an individual who is— (A) a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 450 hours during a school year which ends during such taxable year, or (B) a teacher, instructor, counselor, or aid in a preschool program for at least 450 hours during the taxable year. (3) Full-time educator The term full-time educator means, with respect to any taxable year, an individual who for such taxable year satisfies the requirements of subparagraph (A) or (B) of paragraph (2) applied by substituting 900 hours for 450 hours therein. (4) School The term school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. (5) Preschool program The term preschool program means any program for providing preschool which— (A) receives funds for carrying out preschool programs pursuant to— (i) part A of title I of the Elementary and Secondary Education Act of 1965, or (ii) subpart 2 of part B of title I of such Act, or (B) is accredited as a preschool under State law. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3490ih/xml/BILLS-113hr3490ih.xml |
113-hr-3491 | I 113th CONGRESS 1st Session H. R. 3491 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. McDermott 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 regulate and tax Internet gambling, and for other purposes.
1. Short title; amendment of 1986 Code (a) Short Title This Act may be cited as the Internet Gambling Regulation and Tax Enforcement Act of 2013 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment of a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. Tax on Internet gambling (a) In general Chapter 36 (relating to certain other excise taxes) is amended by adding at the end the following new subchapter: E Internet Gambling Sec. 4491. Imposition of Internet gambling license tax. Sec. 4492. Record requirements. Sec. 4493. Elective State and Indian tribal government online gambling tax. Sec. 4494. Regulations. 4491. Imposition of Internet gambling license tax (a) Internet gambling licensee (1) In general There is hereby imposed a tax on each Internet gambling licensee in an amount equal to 4 percent of all funds deposited by customers making deposits while located within the United States during the preceding month into an account maintained by that Internet gambling licensee or any agent of that licensee that can be used for the purpose of placing a bet or wager as defined in section 5362(1) of title 31, United States Code. (2) Persons liable for tax The tax imposed by subsection (a) shall be the direct and exclusive obligation of the Internet gambling operator and may not be deducted from the amounts available as deposits to the person placing a bet. Notwithstanding the preceding sentence, any person making a deposit for the purpose of placing a bet or wager with a person who is required but has failed to obtain a license pursuant to subchapter V of chapter 53 of title 31, United States Code, shall be liable for and pay the tax under this subchapter on all such deposits, but such liability shall not excuse any failure to pay the tax on the part of the person who is required but has failed to obtain such license. The person making the deposit shall not be liable for the tax on deposits in cases of fraud. (b) Unauthorized bets or wagers (1) In general There is hereby imposed a tax on any person who accepts a bet or wager and who is not authorized pursuant to section 5383(b) of title 31, United States Code, to accept such bet or wager. (2) Amount of tax The amount of such tax shall be equal to 50 percent of all funds deposited into an account that can be used for placing a bet or wager within the meaning of section 5362(1) of that title. (c) Credits for returns of funds (1) In general There shall be allowed as a credit against the tax imposed by this section an amount equal to the sum of the following taxes which are paid on any funds returned by or on behalf of an Internet gambling licensee to the account of a customer: (A) The tax imposed by this section. (B) Any State or Indian tribal Internet gambling tax imposed under section 4493(b). (C) Any tax imposed on overseas Internet gambling under section 4493(d). (2) Limitation The amount allowed as a credit under paragraph (1) with respect to a customer may not exceed 12 percent of the funds received in deposits from the customer. (d) When due The tax imposed by this section shall be due at by the end of each calendar month with respect to deposits during the preceding month. (e) Definitions and special rules For purposes of this subchapter— (1) Internet gambling licensee The term Internet gambling licensee means a licensee, as defined in section 5382 of title 31, United States Code. (2) Deposits Deposits made by or on behalf of an Internet gambling licensee of Internet gambling winnings or returns of funds by or on behalf of an Internet gambling licensee to the account of a customer shall not be treated as a deposit for purposes of this section. 4492. Record requirements Each person liable for taxes under this subchapter, except for a person making a deposit who is liable for taxes pursuant to section 4491(a)(2), shall keep a daily record showing deposits (within the meaning of this subchapter), in addition to all other records required pursuant to section 6001. 4493. Elective State and Indian tribal government online gambling tax (a) In general (1) Payment of State and Indian tribal government tax On a monthly basis, each Internet gambling licensee shall pay to each qualified State and each qualified Indian tribal government an amount equal to the monthly pro rata State and Indian tribal government online gambling tax. (2) Monthly pro rata online gambling tax For purposes of this section, with respect to a qualified State and a qualified Indian tribal government for any calendar month, the monthly pro rata online gambling tax is the amount of the taxes described in subsection (b) received with respect to such calendar month. (3) Qualified State; qualified Indian tribal government (A) In general For purposes of this section, the terms qualified State and qualified Indian tribal government mean a State or an Indian tribal government, respectively, for which an election to receive funds under this section is in effect. Notice of such election shall be provided by the Governor, principal chief, or other chief executive officer in such form and manner as the Secretary may prescribe. (B) State election not to affect tribal election An election by a State under subparagraph (A) to receive funds under this section shall not constitute an election to be so included on behalf of any Indian tribe located within or partially within the geographic boundaries of such State. (C) Revocation of State or Tribal election (i) In general A State or Indian Tribal government may revoke its election by notice provided by the Governor, principal chief, or other chief executive officer and in such form and manner as the Secretary may prescribe. (ii) Timing of revocation Revocation of state election shall take effect the later of 6 months after receipt by the Secretary of such revocation, or on January 1st of the year following receipt by the Secretary of such revocation. (D) State The term State means any State, the District of Columbia, or any commonwealth, territory or other possession of the United States. (E) Indian tribal government The term Indian tribal government means the government of an Indian tribe (within the meaning of section 4 of the Indian Gaming Regulatory Act). (4) Time of payments The payment made under this subsection with respect to any calendar month shall be made not later than the 11th day of the succeeding calendar month. (5) List of qualified States and qualified Indian tribal governments The Secretary shall maintain a current list of qualified States and qualified Indian tribal governments and shall publish such list online. (b) State and Indian Tribal Government Online Gambling tax The State and Indian tribal government online gambling tax shall be an amount equal to 8 percent of all deposited funds deposited by customers located in each qualified state or area subject to the jurisdiction of a qualified Indian tribal government at the time of the deposit. (c) Effect of acceptance of tax Acceptance by a State or Indian tribal government of the State and Indian tribal government online gambling tax shall relieve Internet gambling licensees from the obligation to pay any other fee or tax to the State or Indian tribal government relating to its online gambling services, except for— (1) applicable State individual and corporate income taxes, which shall be unaffected by the election, and (2) any fees associated with an Internet gambling licensee’s choice to rely on a State or Indian tribal regulatory body certification of suitability in connection with a Federal online gambling licensing application. (d) Overseas internet gambling tax There is hereby imposed a tax on each Internet gambling licensee in an amount equal to 12 percent of all funds deposited by customers making deposits while located without the United States during the preceding month into an account maintained by that Internet gambling licensee or any agent of that licensee that can be used for the purpose of placing a bet or wager as defined in section 5362(1) of title 31, United States Code. Deposited funds subject to the State and Indian tribal government Internet gambling tax under this section shall not be taken into account for purposes of the preceding sentence. 4494. Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subchapter. . (b) Clerical amendment The table of subchapters for chapter 36 is amended by adding at the end the following new item: Subchapter E. Internet Gambling. . (c) Effective date The amendments made by this section shall apply to bets or wagers placed after the date of the enactment of this Act. 3. Internet Gambling Licensee information reporting (a) In general Subpart A of part III of subchapter A of chapter 61 (relating to information concerning persons subject to special provisions) is amended by adding at the end the following new section: 6050X. Returns relating to Internet gambling (a) Requirement Every person who is an Internet gambling licensee or who otherwise is engaged in the business of accepting any bet or wager within the meaning of section 5382(1) of title 31, United States Code, during a taxable year shall furnish, at such time and in such manner as the Secretary shall by regulations prescribe, the information described in subsection (b), and such person shall maintain (in the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to the information described in subsection (b). (b) Required information For purposes of subsection (a), the information described is set forth below, which information may be modified as appropriate by the Secretary through regulation— (1) the name, address, and TIN of the Internet gambling licensee or other person engaged in the business of accepting any bet or wager, (2) the name, address, and TIN of each person placing a bet or wager with the Internet gambling licensee or other person engaged in the business of accepting any bet or wager during the calendar year, (3) the gross winnings, gross wagers, and gross losses for the calendar year of each person placing a bet or wager with the Internet gambling licensee or other person engaged in the business of accepting any bet or wager during the year, (4) the net Internet gambling winnings for each such person for the calendar year, (5) the amount of tax withheld with respect to each such person for the calendar year, (6) beginning and end-of-year account balances for each such person for the calendar year, and (7) amounts deposited and withdrawn by each such person during the calendar year. (c) Statement To be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return by reason of placing a bet or wager a written statement showing— (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return with respect to each person whose name is required to be set forth in such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (d) Definitions (1) Internet gambling licensee The term Internet gambling licensee has the meaning given such term by section 4491(d)(1). (2) Net internet gambling winnings The term net Internet gambling winnings means gross winnings from wagers placed over the Internet with a person required to be licensed under section 5382 of chapter 53 of title 31, United States Code, less the amounts wagered. (3) Internet; wager The terms Internet and wager shall have the respective meanings given such terms by section 5362 of chapter 53 of title 31, United States Code. . (b) The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6050W the following new item: Sec. 6050X. Returns relating to Internet gambling. . 4. Withholding from certain gambling winnings (a) Net internet gambling winnings Paragraph (3) of section 3406(b) (relating to other reportable payments for purposes of backup withholding) is amended— (1) by striking or in subparagraph (E); (2) by striking . and inserting , or at the end of subparagraph (F); and (3) by adding at the end thereof the following new subparagraph: (G) section 6050X(b)(4) (relating to net Internet gambling winnings). . (b) Effective date The amendment made by this section shall apply to bets or wagers placed after the date of the enactment of this Act. 5. Withholding of tax on nonresident aliens (a) Tax on nonresident alien individuals Paragraph (1) of section 871(a) (relating to income not connected with United States business) is amended— (1) by striking and at the end of subparagraph (C), (2) by inserting and at the end of subparagraph (D), and (3) by inserting after subparagraph (D) the following new subparagraph: (E) the gross amount of winnings from each wager placed over the Internet with a person required to be licensed under section 5382 of chapter 53 of title 31, United States Code (as such terms are defined in section 6050X(d)(2)), . (b) Exemption for certain gambling winnings Section 871(j) (relating to exemption for certain gambling winnings) is amended by inserting before the period at the end the following: or to any bets or wagers placed over the Internet (as such terms are defined in section 6050X(d)(2)) . (c) Withholding of tax on nonresident alien individuals The first sentence of subsection (b) of section 1441 (relating to withholding of tax on nonresident aliens) is amended by inserting after gains subject to tax under section 871(a)(1)(D), the following: the gross amount of winnings from wagers placed over the Internet described in section 871(a)(1)(E), . (d) Source of internet gambling winnings Subsection (a) of section 861 is amending by inserting at the end thereof the following new paragraph: (10) Internet gambling winnings Any Internet gambling winnings received from an Internet gambling licensee (as defined by section 4491(d)(1)). . (e) Effective date The amendments made by this section shall apply to bets or wagers placed after the date of the enactment of this Act. 6. Territorial extent (a) In general Paragraph (2) of section 4404 is amended to read as follows: (2) placed within the United States, or any Commonwealth, territory, or possession thereof, by a person who is a United States citizen or resident. . (b) Effective date The amendment made by subsection (a) shall apply to wagers made after December 31, 2012. 7. Foreign licensees subject to United States Federal income tax (a) Nonresident alien individuals Section 872 is amended by inserting after subsection (b) the following new subsection: (c) Income earned by nonresident alien individuals operating internet gambling facilities (1) Treatment as United States trade or business For purposes of this title, a nonresident alien individual who is a licensee or operates an Internet gambling facility for which a license is required under section 103 of the Internet Gambling Regulation and Enforcement Act of 2013 at any time during a taxable year shall be deemed to be engaged in the conduct of a trade or business within the United States during the taxable year. (2) Treatment of gross income as effectively connected income For purposes of this title, all gross income related to domestic wagers that are placed over the Internet shall be deemed to be effectively connected with the licensee’s trade or business within the United States. (3) Treatment of gross income as attributable to permanent establishment For purposes of any applicable United States income tax treaty, a nonresident alien individual who is a licensee or operates an Internet gambling facility for which a license is required under section 103 of the Internet Gambling Regulation and Enforcement Act of 2013 at any time during a taxable year shall be deemed to have a permanent establishment located in the United States, and all gross income arising from domestic wagers that are placed over the Internet shall be treated as attributable to the permanent establishment of such nonresident alien individual. (4) Definitions For purposes of this subsection— (A) Domestic wager The term domestic wager means a wager placed by a person located in the United States. (B) Wager The term wager has the meaning given the term bet or wager in section 102(2) of the Internet Gambling Regulation and Enforcement Act of 2013. (C) Internet The term Internet has the meaning given in section 5362(5) of title 31, United States Code. . (b) Foreign corporations Section 882 is amended by— (1) redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and (2) by inserting after subsection (d) the following: (e) Income earned by foreign corporations operating internet gambling facilities (1) Treatment as United States trade or business For purposes of this title, a foreign corporation that is a licensee or operates an Internet gambling facility for which a license is required under section 103 of the Internet Gambling Regulation and Enforcement Act of 2013 at any time during a taxable year shall be deemed to be engaged in the conduct of a trade or business within the United States during the taxable year. (2) Treatment of gross income as effectively connected income For purposes of this title, all gross income related to domestic wagers that are placed over the Internet shall be deemed to be effectively connected with the licensee’s trade or business within the United States. (3) Treatment of gross income as attributable to permanent establishment For purposes of any applicable United States income tax treaty, a foreign corporation that is a licensee or operates an Internet gambling facility for which a license is required under section 103 of the Internet Gambling Regulation and Enforcement Act of 2013 at any time during a taxable year shall be deemed to have a permanent establishment located in the United States, and all gross income arising from domestic wagers that are placed over the Internet shall be treated as attributable to the permanent establishment of such foreign corporation. (4) Definitions (A) Domestic wager The term domestic wager means a wager placed by a person located in the United States. (B) Wager The term wager has the meaning given the term bet or wager in section 102(2) of the Internet Gambling Regulation and Enforcement Act of 2013. (C) Internet The term Internet has the meaning given in section 5362(5) of title 31, United States Code. . (c) Effective date The amendment made by this section shall apply to payments made after the date of the enactment of this Act. 8. American Heritage Program (a) Implementation of program From funds appropriated to the American Heritage Block Grant Fund for a fiscal year, the Secretary of the Treasury shall make grants to eligible States to carry out an American Heritage Program through State arts agencies. (b) Allotment of funds Funds allotted for a fiscal year shall be allotted among eligible States in the same proportion as funds are allotted among the States under section 5(g)(3) of the National Foundation on the Arts and the Humanities Act of 1965 ( 20 U.S.C. 954(g)(3) ). (c) Eligibility To receive grants To be eligible to receive a grant under subsection (a) for a fiscal year, a State shall submit to the Secretary an application in such form, and containing such information and assurances, as the Secretary may require by rule, including assurances that— (1) not more than 80 percent of the cost of any qualified activity carried out under this section shall be paid with such grant, and (2) not more that 20 percent of such grant may be expended for administrative costs. (d) Definitions For purposes of this section— (1) the term American Heritage Program means a program carried out by a State that provides qualified activities directly, or by contract with nonprofit organizations (including community-based organizations) or units of local government, for all the people and communities in the State, (2) the term Secretary means the Secretary of the Treasury, (3) the term State has the meaning given such term in section 4 of the National Foundation on the Arts and the Humanities Act of 1965 ( 20 U.S.C. 953 ), (4) the term State arts agency has the same meaning given such term as used in the National Foundation on the Arts and the Humanities Act of 1965 ( 20 U.S.C. 951 et seq. ), and (5) the term qualified activities means activities that develop projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of American heritage and the arts. (e) American Heritage Block Grant Fund (1) Establishment There is established in the Treasury of the United States a trust fund to be known as the American Heritage Block Grant Fund , consisting of such amounts as may be appropriated or credited to the American Heritage Block Grant Fund as provided in this subsection. (2) Transfer to Fund There are appropriated to the American Heritage Block Grant Fund amounts equal to .5 percent of the taxes received by the Treasury after December 31, 2012, that the Secretary determines are attributable to Internet gambling. (3) Method of transfer The amounts appropriated by paragraph (1) shall be transferred from time to time from the general fund of the Treasury. Such amounts shall be determined on the basis of estimates by the Secretary of the taxes, specified in paragraph (1), paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or are less than the taxes specified in paragraph (1). (4) Expenditures from American Heritage Block Grant Fund Amounts in the American Heritage Block Grant Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (a). 9. Block grants to States for transitional assistance The Social Security Act is amended by adding at the end the following new title: XXII Block grants to States for transitional assistance 2201. Transitional Assistance Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Transitional Assistance Trust Fund , consisting of such amounts as may be appropriated or credited to the Transitional Assistance Trust Fund as provided in this section. (b) Transfer to Transitional Assistance Trust Fund of amounts equivalent to certain taxes (1) In general There are hereby appropriated to the Transitional Assistance Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury after December 31, 2012, that the Secretary of the Treasury determines are attributable to Internet gambling. (2) Method of transfer The amounts appropriated by paragraph (1) shall be transferred from time to time from the general fund in the Treasury to the Transitional Assistance Trust Fund. Such amounts shall be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraph (1) of this subsection, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in paragraph (1) of this subsection. (c) Expenditures from Transitional Assistance Trust Fund Amounts in the Transitional Assistance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out section 2202. 2202. Transitional assistance grant program (a) In general Each State shall be entitled to a payment under this section for each fiscal year in an amount equal to its allotment for such fiscal year, to be used by such State to carry out the State’s plan for transitional assistance described in subsection (c), subject to the requirements of this section. (b) Plan approval required No State may receive a payment under this section unless the State submits the State’s plan for transitional assistance described in subsection (c) to the Secretary and the Secretary approves such plan. (c) State plan for transitional assistance A State plan for transitional assistance is described by this subsection if the plan— (1) provides for expanded education opportunities for individuals who are, or were formerly, in foster care, including streamlining and coordinating education financing opportunities and providing counseling and assistance to such individuals for the purpose of ensuring completion of their academic goals; (2) provides for job training opportunities for individuals who are, or were formerly, in foster care; (3) provides, primarily through expanding access to and investment in community colleges, for expanded post-secondary education and job training opportunities that lead to a certificate, for individuals who are working in, or had worked in, declining sectors of the economy, as defined by the Secretary, and who want to pursue a new career in a sector of the economy with the potential for high wages and high growth, as defined by the Secretary; and (4) provides a subsidy for the use of public transportation by— (A) individuals qualifying for benefits or services under title XX, including the Federal-State Unemployment Insurance Program; and (B) individuals participating in programs under the Workforce Investment Act. (d) Allotment The allotment for a fiscal year for a State receiving an allotment for such fiscal year shall be an amount equal to— (1) the amount appropriated for such fiscal year under subsection (f), multiplied by (2) the ratio by which the population of the State bears to the population of all the States receiving an allotment for such fiscal year as determined by the Secretary (on the basis of the most recent data available from the Department of Commerce). (e) Definitions For purposes of this section: (1) In foster care The term in foster care means, with respect to an individual, an individual who is under the care and placement responsibility of the State agency responsible for administering a plan, in connection with such individual, under part B or part E of title IV. (2) Secretary The term Secretary means the Secretary of Health and Human Services. (3) State The term State means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (f) Authorization of appropriations There are authorized to be appropriated for each fiscal year to the Secretary the amount deposited into the Transitional Assistance Trust Fund pursuant to section 2201 to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3491ih/xml/BILLS-113hr3491ih.xml |
113-hr-3492 | I 113th CONGRESS 1st Session H. R. 3492 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mrs. Lummis (for herself and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes.
1. Short Title This Act may be cited as the River Paddling Protection Act . 2. Regulations Superseded (a) In general The following regulations shall have no force or effect with regard to hand-propelled vessels and the Secretary of the Interior may not issue substantially similar regulations that apply to hand-propelled vessels: (1) Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations, regarding vessels on streams and rivers in Yellowstone National Park. (2) Section 7.22(e)(3) of title 36, Code of Federal Regulations, regarding vessels on lakes and rivers in Grand Teton National Park. (b) Wildlife-Dependent recreational use Notwithstanding section 25.21(a) of title 50, Code of Federal Regulations, regarding National Elk Refuge, the use of hand-propelled vessels on rivers and streams in the National Elk Refuge shall be considered a wildlife-dependent recreational use as that term is defined in section 5(2) of Public Law 89–669 ( 16 U.S.C. 668ee(2) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3492ih/xml/BILLS-113hr3492ih.xml |
113-hr-3493 | I 113th CONGRESS 1st Session H. R. 3493 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Walberg introduced the following bill; which was referred to the Committee on Armed Services A BILL To require a pilot program on the provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life.
1. Short title This Act may be cited as the Servicemembers Transition Improvement Act of 2013 . 2. Pilot program on provision of certain information to State veterans agencies to facilitate the transition of members of the Armed Forces from military service to civilian life (a) Pilot program required Commencing not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of providing the information described in subsection (b) on members of the Armed Forces who are separating from the Armed Forces to State veterans agencies as a means of facilitating the transition of members of the Armed Forces from military service to civilian life. (b) Covered information The information described in this subsection with respect to a member is as follows: (1) Department of Defense Form DD 214. (2) A personal email address. (3) A personal telephone number. (4) A mailing address. (c) Voluntary participation The participation of a member in the pilot program shall be at the election of the member. (d) Form of provision of information Information shall be provided to State veterans agencies under the pilot program in digitized electronic form. (e) Use of information Information provided to State veterans agencies under the pilot program may be shared by such agencies with appropriate county veterans service offices in such manner and for such purposes as the Secretary shall specify for purposes of the pilot program. (f) Report Not later than 15 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program. The report shall include a description of the pilot program and such recommendations, including recommendations for continuing or expanding the pilot program, as the Secretary considers appropriate in light of the pilot program. | https://www.govinfo.gov/content/pkg/BILLS-113hr3493ih/xml/BILLS-113hr3493ih.xml |
113-hr-3494 | I 113th CONGRESS 1st Session H. R. 3494 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Blumenauer (for himself, Mr. Coble , Mr. McCaul , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to the establishment of performance measures for the highway safety improvement program, and for other purposes.
1. Establishment of performance measures for highway safety improvement program Section 150(c)(4)(B) of title 23, United States Code, is amended by inserting for both motorized and nonmotorized transportation before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-113hr3494ih/xml/BILLS-113hr3494ih.xml |
113-hr-3495 | I 113th CONGRESS 1st Session H. R. 3495 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Cárdenas introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food, Conservation, and Energy Act of 2008 to make improvements to the food safety education program carried out under such Act, and for other purposes.
1. Food safety education initiatives Section 10105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7655 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , including farm workers after industry ; (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new paragraph: (3) practices that prevent bacterial contamination of food, how to identify sources of food contamination, and other means of decreasing food contamination. ; and (2) in subsection (c), by striking 2012 and inserting 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3495ih/xml/BILLS-113hr3495ih.xml |
113-hr-3496 | I 113th CONGRESS 1st Session H. R. 3496 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Cohen (for himself, Mr. Conyers , and Mr. Grijalva ) 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 regarding proprietary institutions of higher education in order to protect students and taxpayers.
1. Short title This Act may be cited as the Protecting Our Students and Taxpayers Act of 2013 or POST Act of 2013 . 2. 85/15 rule (a) In general Section 102(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (D), by striking and after the semicolon; (B) in subparagraph (E), by striking the period and inserting ; and ; and (C) by adding at the end the following: (F) meets the requirements of paragraph (2). ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) Revenue sources (A) In general In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution’s revenues from sources other than Federal funds, as calculated in accordance with subparagraphs (B) and (C). (B) Federal funds In this paragraph, the term Federal funds means any Federal financial assistance provided, under this Act or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post-9/11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. (C) Implementation of non-federal revenue requirement In making calculations under subparagraph (A), an institution of higher education shall— (i) use the cash basis of accounting; (ii) consider as revenue only those funds generated by the institution from— (I) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under title IV; (II) activities conducted by the institution that are necessary for the education and training of the institution’s students, if such activities are— (aa) conducted on campus or at a facility under the control of the institution; (bb) performed under the supervision of a member of the institution’s faculty; and (cc) required to be performed by all students in a specific educational program at the institution; and (III) a contractual arrangement with a Federal agency for the purpose of providing job training to low-income individuals who are in need of such training; (iii) presume that any Federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student’s tuition, fees, or other institutional charges, regardless of whether the institution credits such funds to the student’s account or pays such funds directly to the student, except to the extent that the student’s tuition, fees, or other institutional charges are satisfied by— (I) grant funds provided by an outside source that— (aa) has no affiliation with the institution; and (bb) shares no employees with the institution; and (II) institutional scholarships described in clause (v); (iv) include no loans made by an institution of higher education as revenue to the school, except for payments made by students on such loans; (v) include a scholarship provided by the institution— (I) only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students, disbursed to qualified student recipients during each fiscal year from an established restricted account; and (II) only to the extent that funds in that account represent designated funds, or income earned on such funds, from an outside source that— (aa) has no affiliation with the institution; and (bb) shares no employees with the institution; and (vi) exclude from revenues— (I) the amount of funds the institution received under part C of title IV, unless the institution used those funds to pay a student’s institutional charges; (II) the amount of funds the institution received under subpart 4 of part A of title IV; (III) the amount of funds provided by the institution as matching funds for any Federal program; (IV) the amount of Federal funds provided to the institution to pay institutional charges for a student that were refunded or returned; and (V) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges. (D) Report to congress Not later than July 1, 2014, and by July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under title IV and as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of section 487(c)— (i) the amount and percentage of such institution’s revenues received from Federal funds; and (ii) the amount and percentage of such institution’s revenues received from other sources. . (b) Repeal of existing requirements Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended— (1) in subsection (a)— (A) by striking paragraph (24); (B) by redesignating paragraphs (25) through (29) as paragraphs (24) through (28), respectively; (C) in paragraph (24)(A)(ii) (as redesignated by subparagraph (B)), by striking subsection (e) and inserting subsection (d) ; and (D) in paragraph (26) (as redesignated by subparagraph (B)), by striking subsection (h) and inserting subsection (g) ; (2) by striking subsection (d); (3) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; (4) in subsection (f)(1) (as redesignated by paragraph (3)), by striking subsection (e)(2) and inserting subsection (d)(2) ; and (5) in subsection (g)(1) (as redesignated by paragraph (3)), by striking subsection (a)(27) in the matter preceding subparagraph (A) and inserting subsection (a)(26) . (c) Conforming amendments The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (1) in section 152 ( 20 U.S.C. 1019a )— (A) in subsection (a)(1)(A), by striking subsections (a)(27) and (h) of section 487 and inserting subsections (a)(26) and (g) of section 487 ; and (B) in subsection (b)(1)(B)(i)(I), by striking section 487(e) and inserting section 487(d) ; (2) in section 153(c)(3) ( 20 U.S.C. 1019b(c)(3) ), by striking section 487(a)(25) each place the term appears and inserting section 487(a)(24) ; (3) in section 496(c)(3)(A) ( 20 U.S.C. 1099b(c)(3)(A) ), by striking section 487(f) and inserting section 487(e) ; and (4) in section 498(k)(1) ( 20 U.S.C. 1099c(k)(1) ), by striking section 487(f) and inserting section 487(e) . | https://www.govinfo.gov/content/pkg/BILLS-113hr3496ih/xml/BILLS-113hr3496ih.xml |
113-hr-3497 | I 113th CONGRESS 1st Session H. R. 3497 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Ms. DeLauro introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the dollar limitation on the exclusion for employer-provided dependent care assistance.
1. Short title This Act may be cited as the Child Care Flex Spending Act of 2013 . 2. Increase in dollar limitation on exclusion for employer-provided dependent care assistance (a) In general Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 is amended by striking shall not exceed and all that follows and inserting the following: shall not exceed— (i) in the case of a taxpayer whose modified adjusted gross income for such taxable year is less than $100,000 (twice such amount in the case of a joint return), $10,000 (half such amount in the case of a separate return by a married individual), and (ii) in any other case, $5,000 (half such amount in the case of a separate return by a married individual). . (b) Modified adjusted gross income Paragraph (2) of section 129(a) of such Code is amended by adding at the end the following new subparagraph: (D) Modified adjusted gross income For purposes of this paragraph, 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. . (c) Inflation adjustment Paragraph (2) of section 129(a) of such Code, as amended by subsection (b), is amended by adding at the end the following new subparagraph: (E) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2014, each dollar amount contained in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3497ih/xml/BILLS-113hr3497ih.xml |
113-hr-3498 | I 113th CONGRESS 1st Session H. R. 3498 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Sam Johnson of Texas (for himself and Mr. Perry ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To allow individuals to choose to opt out of the Medicare part A benefit and to allow individuals opting out of such benefit to be eligible for health savings accounts.
1. Allowing individuals to choose to opt out of the Medicare part A benefit (a) In general Any individual who is otherwise entitled to benefits under part A of title XVIII of the Social Security Act may elect (in such form and manner as may be specified by the Secretary of Health and Human Services) to opt out of such entitlement. Notwithstanding any other provision of law, in the case of an individual who makes such an election, such individual— (1) may (in such form and manner as may be specified by the Secretary) subsequently choose to end such election and opt back into such entitlement (in accordance with a process determined by the Secretary) without being subject to any penalty; (2) shall not be required to opt out of benefits under title II of such Act as a condition for making such election; and (3) shall not be required to repay any amount paid under such part A for items and services furnished prior to making such election. (b) Individuals Opting Out of Medicare Part A Eligible for Health Savings Accounts Section 223 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (7), and (2) in subsection (d)(2)(C)(iv), by inserting and who has not elected to opt out of the rights to benefits under part A of title XVIII of such Act after section 1811 of the Social Security Act . | https://www.govinfo.gov/content/pkg/BILLS-113hr3498ih/xml/BILLS-113hr3498ih.xml |
113-hr-3499 | I 113th CONGRESS 1st Session H. R. 3499 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mrs. Kirkpatrick (for herself, Mr. DeFazio , Mr. Hinojosa , Ms. Brownley of California , Mr. Barber , Mrs. Napolitano , Mr. Grijalva , Mrs. Christensen , Ms. Sinema , Mr. Michaud , Mr. Rahall , Mr. Lowenthal , Ms. Kuster , Mrs. Davis of California , Ms. Shea-Porter , Mr. Honda , Mr. Enyart , and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide for advance appropriations for certain information technology accounts of the Department of Veterans Affairs, to include mental health professionals in training programs of the Department, and for other purposes.
1. Short title This Act may be cited as the Rural Veterans Mental Health Care Improvement Act . 2. Advance appropriations for accounts for health-related information technology for the Department of Veterans Affairs (a) Advance appropriations for information technology accounts Section 117(c) of title 38, United States Code, is amended by adding at the end the following: (4) Accounts, including subaccounts of the Accounts referred to in paragraphs (1) through (3), providing funds for information technology. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after that date. 3. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) of title 38, United States Code, the Secretary of Veterans Affairs shall include education and training of marriage and family therapists and licensed professional mental health counselors. (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. 4. Provision of mental health services for families of certain veterans at facilities of the Department (a) Provision of mental health services at Department facilities Subsection (e) of section 304 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( 38 U.S.C. 1712A note; Public Law 111–163 ) is amended— (1) by striking peer outreach and peer support services and inserting services ; and (2) by striking The Secretary shall carry out the services and inserting “The Secretary shall carry out— (1) the services ; (3) by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new paragraph: (2) the mental health services required by subsection (a)(2) at or through Department medical centers. . (b) Definition of mental health services Such section is further amended by striking subsection (f) and inserting the following: (f) Definitions In this section: (1) Mental health services The term mental health services includes outpatient mental healthcare referred to in section 17.38(a)(1)(i) of title 38, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act). (2) Vet center The term vet center means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. . 5. Report on provision of telemedicine services (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A of title 38, United States Code. (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 ; 38 U.S.C. 7406 note). (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient’s medical condition. | https://www.govinfo.gov/content/pkg/BILLS-113hr3499ih/xml/BILLS-113hr3499ih.xml |
113-hr-3500 | I 113th CONGRESS 1st Session H. R. 3500 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Ms. Norton (for herself, Ms. Moore , Ms. Kaptur , Mr. Carson of Indiana , Mr. Rangel , Ms. Brown of Florida , Mr. Ellison , Ms. Fudge , Mr. Conyers , Mr. Johnson of Georgia , Ms. Jackson Lee , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the compensation of Federal contractor employees that were placed on unpaid leave as a result of the Federal Government shutdown, and for other purposes.
1. Short title This Act may be cited as the Low-Wage Federal Contractor Employee Back Pay Act of 2013 . 2. Compensation for furloughed Federal contractor employees Division A of the Continuing Appropriations Act, 2014 ( Public Law 113–46 ) is amended by adding at the end the following new section: 158. If a Federal contractor that provides retail, food, custodial, and security services to the Federal Government places the employees of such contractor on unpaid leave as a result of any lapse in appropriations which begins on or about October 1, 2013, the Government shall provide compensation to such employees at their standard rate of compensation for the period of such lapse. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3500ih/xml/BILLS-113hr3500ih.xml |
113-hr-3501 | I 113th CONGRESS 1st Session H. R. 3501 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the Secretary of Housing and Urban Development to provide assistance to eligible nonprofit organizations to provide specialized housing and supportive services for elderly persons who are the primary caregivers of children that are related to such persons.
1. Short title This Act may be cited as the Generational Residences and Nurturing Dwellings Act or the GRAND Act . 2. Housing for elderly caregivers (a) Establishment There is established in the Department of Housing and Urban Development a program to provide assistance to eligible nonprofit organizations to expand the supply of specialized housing for qualified relatives raising a child. (b) Application To receive assistance under the program under this section, an eligible nonprofit organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which in the case of an application for assistance to be provided as described in subsection (e)(2) shall include such provisions ensuring coordination with a public housing agency that will administer such assistance as the Secretary shall require. (c) Need-Based; Competition Assistance provided under the program under this section shall be need-based and made available on a competitive basis. (d) Limit on organizations selected For each fiscal year, the Secretary may select not more than 5 eligible organizations to receive assistance under the program under this section. (e) Forms of assistance Under the program under this section, assistance shall be made available in the following forms: (1) New housing Financing for the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing in accordance with the program. (2) Rental voucher assistance To provide tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing. (3) Elderly housing project rental assistance To provide project rental assistance under section 202(b)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(b)(2) ) in connection with dwelling units that qualify as specialized housing and are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing; and notwithstanding any other provision of law, any qualified relative who is raising a child who is otherwise eligible for occupancy in such housing may not be excluded from such occupancy because the household includes such child. (4) Operational expenses and supportive services Assistance for ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing. 3. Definitions In this Act: (1) Child The term child means an individual who— (A) is not attending school and is not more than 18 years of age; or (B) is attending school and is not more than 19 years of age. (2) Elderly person The term elderly person means a person who is 60 years of age or more. (3) Eligible nonprofit organization (A) In general The term eligible nonprofit organization means an organization that— (i) provides specialized housing and social services for qualified relatives who are raising a child; and (ii) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. (B) Political divisions included Such term includes organizations that provide such services in each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (4) Qualified Relative (A) In general The term qualified relative means, with respect to a child, an individual who is— (i) an elderly person; (ii) is not a parent of the child by blood or marriage; and (iii) is a relative of the child by blood or marriage. (B) Adopted children In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a relative of the family who adopted the child. (5) Raising a child The term raising a child means, with respect to an individual, that the individual— (A) resides with the child; and (B) is the primary caregiver (or is, together with a spouse or other household member, a primary caregiver) for the child— (i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and (ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child. (6) Secretary The term Secretary means the Secretary of Housing and Urban Development. (7) Specialized housing The term specialized housing means housing that— (A) is affordable (as the Secretary shall define for purposes of this Act) for low-income families (as such term is defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); (B) is restricted to occupancy only by low-income families; (C) is designed to meet the special physical needs of elderly persons; (D) accommodates the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by elderly persons and children that the housing is intended to serve; and (E) provides a range of such services that are tailored to the needs of elderly persons and children occupying such housing. 4. Authorization of appropriations There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr3501ih/xml/BILLS-113hr3501ih.xml |
113-hr-3502 | I 113th CONGRESS 1st Session H. R. 3502 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage States to expand the protections offered to victims of sex offenses who are not in a familiar or dating relationship with the perpetrators of such offenses.
1. Short title This Act may be cited as Nicole’s Law of 2013 . 2. Protection for victims of sex offenses (a) In General For each fiscal year beginning after the expiration of the period specified in subsection (b)(1) in which a State receives funds under the subpart referred to in subsection (b)(2) , the State shall have in effect throughout the State laws and policies that ensure that, with respect to criminal cases involving sex offenses (as defined by the State), protections similar to those offered to victims of domestic violence are extended to victims of sex offenses who are not in a familiar or dating relationship with the perpetrators of such offenses. To demonstrate compliance with the preceding sentence, a State shall have in effect laws and policies that— (1) expressly authorize judges and courts to issue, as a condition of bail, protection orders that prohibit a defendant charged with a sex offense from having any contact with the victim or with the victim’s friends, co-workers, or relatives; (2) permit judges and courts, after finding a defendant guilty of a sex offense, to order a continuation of a protection order described in paragraph (1) , or to otherwise restrict a defendant’s contact with the victim, as a condition of bail, parole, probation, or other supervised release; and (3) provide judges and courts with the authority to grant or extend a protection order until further order of a judge or court, as an alternative to issuing protection orders that expire on a specific date or upon termination of a sentence or period of supervised release. (b) Compliance and ineligibility (1) Compliance date Each State shall have not more than one year from the date of enactment of this Act in which to fully implement this section, except that the Attorney General may grant an additional one year to a State that is making good faith efforts to implement this section. (2) Ineligibility for funds For any fiscal year after the expiration of the period specified in paragraph (1) , a State that fails to fully implement this section, as determined by the Attorney General, shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ). (c) Reallocation Amounts not allocated under the subpart referred to in subsection (b)(2) to a State for failure to fully implement this section shall be reallocated under that subpart to States that have not failed to fully implement this section. (d) Definition of State In this section, The term State includes each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr3502ih/xml/BILLS-113hr3502ih.xml |
113-hr-3503 | V 113th CONGRESS 1st Session H. R. 3503 IN THE HOUSE OF REPRESENTATIVES November 14, 2013 Mr. Ryan of Ohio introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the award of the Distinguished Service Cross to Robert L. Towles for acts of valor during the Vietnam War.
1. Authority for award of the Distinguished Service Cross to Specialist Four Robert L. Towles for acts of valor during the Vietnam War (a) Waiver of time limitations Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 3742 of that title to Robert L. Towles for the acts of valor referred to in subsection (b). (b) Action described The acts of valor referred to in subsection (a) are the actions of Specialist Four Robert L. Towles, on November 17, 1965, as a member of the United States Army serving in the grade of Specialist Four during the Vietnam War while serving in Company D, 2d Battalion, 7th Cavalry, 1st Cavalry Division, for which he was originally awarded the Bronze Star with V Device. | https://www.govinfo.gov/content/pkg/BILLS-113hr3503ih/xml/BILLS-113hr3503ih.xml |
113-hr-3504 | I 113th CONGRESS 1st Session H. R. 3504 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Ms. Schakowsky introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide improved consumer protection and rate review for health insurance coverage in the individual market, and for other purposes.
1. Short title This Act may be cited as the Consumer Protection and Rate Review Act of 2013 . 2. Requiring State insurance commissioners to investigate instances of inadequate notices of cancellation or conversion of individual health insurance policies (a) In general Each State insurance commissioner shall investigate and take appropriate administrative or other actions (such as the imposition of a fine) on cases of inadequate notices of cancellations or conversions of health insurance coverage in the individual market that take effect on or after January 1, 2014. (b) Inadequate notice In this section, a notice of the cancellation or conversion of individual health insurance coverage shall be treated as inadequate if the notice— (1) fails to contain information— (A) on obtaining health insurance coverage through an Exchange under the Patient Protection and Affordable Care Act; (B) on the possible availability of assistance under such Act towards payment of the premiums and cost-sharing for such coverage; and (C) on the improved benefits for coverage through an Exchange, compared to health insurance coverage not offered through an Exchange; (2) fails to be transparent by inappropriately steering individuals to more expensive plans provided by the cancelling issuer; or (3) fails to otherwise comply with requirements of law. (c) Reports (1) State commissioners to HHS Not later than March 31, 2014, each State insurance commissioner shall submit to the Secretary of Health and Human Services a report on the investigations and actions described in subsection (a). (2) HHS report to Congress Not later than April 30, 2014, the Secretary shall submit to Congress a report on such investigations and actions. (d) Definitions of State, health insurance coverage, and individual market In this section, the terms State , health insurance coverage , and individual market have the meanings given such terms for purposes of title I of the Patient Protection and Affordable Care Act. 3. Protection of consumers from excessive, unjustified, or unfairly discriminatory rates from H.R. 1019 (a) Protection from excessive, unjustified, or unfairly discriminatory rates The first section 2794 of the Public Health Service Act ( 42 U.S.C. 300gg–94 ), as added by section 1003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), is amended by adding at the end the following new subsection: (e) Protection from excessive, unjustified, or unfairly discriminatory rates (1) Authority of States Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements. (2) Consultation in rate review process In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups. (3) Determination of who conducts reviews for each State The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following: (A) In which markets in each State the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4) , as a condition of the State receiving the grant in subsection (c), based on the Secretary’s determination that the State regulator is adequately undertaking and utilizing such actions in that market. (B) In which markets in each State the Secretary shall undertake the corrective actions under paragraph (4) , in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary’s determination that the State is not adequately undertaking and utilizing such actions in that market. (4) Corrective action for excessive, unjustified, or unfairly discriminatory rates In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, through mechanisms such as— (A) denying rates; (B) modifying rates; or (C) requiring rebates to consumers. (5) Noncompliance Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a Qualified Health Plan. . (b) Clarification of Regulatory Authority Such section is further amended— (1) in subsection (a)— (A) in the heading, by striking premium and inserting rate ; (B) in paragraph (1), by striking unreasonable increases in premiums and inserting potentially excessive, unjustified, or unfairly discriminatory rates, including premiums, ; and (C) in paragraph (2)— (i) by striking an unreasonable premium increase and inserting a potentially excessive, unjustified, or unfairly discriminatory rate ; (ii) by striking the increase and inserting the rate ; and (iii) by striking such increases and inserting such rates ; (2) in subsection (b)— (A) by striking premium increases each place it appears and inserting rates ; and (B) in paragraph (2)(B), by striking premium and inserting rate ; and (3) in subsection (c)(1)— (A) in the heading, by striking Premium and inserting Rate ; (B) by inserting that satisfy the condition under subsection (e)(3)(A) after award grants to States ; and (C) in subparagraph (A), by striking premium increases and inserting rates . (c) Conforming amendment Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (1) in section 2723 ( 42 U.S.C. 300gg–22 ), as redesignated by the Patient Protection and Affordable Care Act— (A) in subsection (a)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2), by inserting or section 2794 after this part ; and (B) in subsection (b)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2)— (I) in subparagraph (A), by inserting or section 2794 that is after this part ; and (II) in subparagraph (C)(ii), by inserting or section 2794 after this part ; and (2) in section 2761 ( 42 U.S.C. 300gg–61 )— (A) in subsection (a)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2)— (I) by inserting or section 2794 after set forth in this part ; and (II) by inserting and section 2794 after the requirements of this part ; and (B) in subsection (b)— (i) by inserting and section 2794 after this part ; and (ii) by inserting and section 2794 after part A . (d) Applicability to grandfathered plans Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as added by section 2301 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), is amended by adding at the end the following: (v) Section 2794 (relating to reasonableness of rates with respect to health insurance coverage). . (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary. (f) Effective date The amendments made by this section shall take effect on the date of enactment of this Act and shall be implemented with respect to health plans beginning not later than January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3504ih/xml/BILLS-113hr3504ih.xml |
113-hr-3505 | I 113th CONGRESS 1st Session H. R. 3505 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Petri introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Architectural and Transportation Barriers Compliance Board to develop accessibility guidelines for electronic instructional materials and related information technologies in institutions of higher education, and for other purposes.
1. Short title This Act may be cited as the Technology, Equality and Accessibility in College and Higher Education Act or the TEACH Act . 2. Guidelines for accessible electronic instructional materials and related information technologies in institutions of higher education (a) In general Not later than 18 months after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established pursuant to section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ) (in this Act referred to as the Access Board ) shall develop guidelines for the accessibility of electronic instructional materials and related information technologies in institutions of higher education. Such guidelines shall— (1) include performance criteria to ensure that such materials and technologies are accessible to covered blind individuals and covered individuals with a disability; and (2) be consistent with the standards for technical and functional performance criteria issued pursuant to section 508(a)(2)(A)(ii) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d(a)(2)(A)(ii) ). (b) Harmonization with national and international standards The Access Board shall, to the extent practicable, ensure that the guidelines issued under subsection (a) are consistent with national and international accessibility standards for electronic instructional materials and related information technologies. (c) Review and amendment Not later than 3 years after the effective date of the guidelines described in subsection (a), and every 3 years thereafter, the Access Board shall review and, as appropriate, amend such guidelines to reflect technological advances or changes in electronic instructional materials and related information technologies. 3. Safe harbor protections Institutions of higher education that use electronic instructional materials and related information technologies that comply with the accessibility guidelines described in section 2 shall be deemed to be in compliance with the non-discrimination provisions section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) and titles II and III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 42 U.S.C. 12181 et seq. ) with respect to the use of such materials or technologies. 4. Noncompliant electronic instructional materials and related information technologies Nothing in this Act shall be construed to require an institution of higher education to use electronic instructional materials or related information technologies that conform to the accessibility guidelines described in section 2 if the institution of higher education provides such materials or technologies, or an accommodation or modification, that would allow covered blind individuals and covered individuals with a disability to receive the educational benefits of such materials or technologies— (1) in an equally effective and equally integrated manner as non-disabled or non-blind students; and (2) with substantially equivalent ease of use of such materials or technologies. 5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out section 2 of this Act. 6. Definitions In this Act the following definitions apply: (1) Blind individual The term blind individual means an individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. (2) Covered blind individual and covered individual with a disability The terms covered blind individual and covered individual with a disability mean a blind individual or an individual with a disability whose blindness or disability limits the ability of such individual to access electronic instructional materials and related information technologies. (3) Disability The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Electronic instructional material The term electronic instructional material means digital curricular content including course-assigned books, journals, articles, and web pages, used by students, faculty, or administrative personnel of an institution of higher education to facilitate the teaching and learning process, including technologies used in distance education as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (6) Related information technology The term related information technology — (A) means any electronic platform or delivery system used by students, faculty, or administrative personnel of an institution of higher education to access electronic instructional materials; and (B) includes any hardware, firmware, software, and applications required for the manipulation, annotation, and dissemination of such electronic instructional materials. | https://www.govinfo.gov/content/pkg/BILLS-113hr3505ih/xml/BILLS-113hr3505ih.xml |
113-hr-3506 | I 113th CONGRESS 1st Session H. R. 3506 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. McDermott 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 direct the Secretary of the Army to permit visitors to leave appropriate items on gravesites and markers located in section 60 of Arlington National Cemetery, and for other purposes.
1. Short title This Act may be cited as the Honor Our Fallen Heroes With Dignity Act of 2013 . 2. Treatment of items placed at gravesites in section 60 of Arlington National Cemetery (a) In general Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: 2415. Treatment of items placed at gravesites in section 60 of Arlington National Cemetery (a) In general The Secretary of the Army shall permit visitors to leave appropriate items on any gravesite or Government-furnished marker located in section 60. (b) Appropriate items For purposes of this section an appropriate item is any item that— (1) does not present a safety or health concern, as determined by the Secretary of the Army; (2) is not permanently affixed to a Government-furnished marker; and (3) does not interfere with the normal operations and maintenance procedures of Arlington National Cemetery. (c) Collection of items (1) In the case of any item left on a gravesite, headstone, or marker in section 60 that is determined not to be an appropriate item by reason of paragraph (1) or (3) of subsection (b), the History Office of Arlington National Cemetery shall collect, catalog, and store the item. (2) At the end of each calendar month, the History Office shall collect all items left on gravesites and headstones and markers furnished under section 2306 of this title and catalog and store such items. (d) Definitions In this section: (1) The term section 60 means section 60 of Arlington National Cemetery. (2) The term Government-furnished marker means a headstone or marker furnished under section 2306 of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2415. Treatment of items placed at gravesites in section 60 of Arlington National Cemetery. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3506ih/xml/BILLS-113hr3506ih.xml |
113-hr-3507 | I 113th CONGRESS 1st Session H. R. 3507 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Peters of California (for himself, Mr. Thompson of California , Mr. Welch , and Mr. Harper ) 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 amend titles 10 and 38, United States Code, to expand the use of telehealth under the TRICARE program and in the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the 21st Century Care for Military and Veterans Act . 2. Telehealth under TRICARE program (a) Care provided at military medical treatment facilities Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection: (g) In providing health care to a covered beneficiary under section 1076 of this title at a military medical treatment facility, the Secretary may furnish an item or service to the covered beneficiary via a telecommunications system. . (b) Care provided at private facilities (1) Certain dependents Section 1079 of title 10, United States Code, is amended by adding at the end the following new subsection: (r) (1) An item or service furnished to a covered beneficiary via a telecommunications system shall be covered by a plan described in paragraph (2) to the same extent the item or service would be covered if furnished in the same location of the covered beneficiary, and benefits shall not be denied under such a plan solely on the basis that the item or service is being furnished via a telecommunications system. For the purposes of reimbursement, licensure, professional liability, and other purposes under this section with respect to the provision of telehealth services, practitioners, suppliers, and providers of such services are considered to be furnishing such services at their location and not at the originating site. (2) A plan described in this paragraph is a plan for which the Secretary enters into a contract under subsection (a) to provide dependents with medical care. . (2) Certain members and former members Section 1086 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) An item or service furnished to a covered beneficiary via a telecommunications system shall be covered by a plan described in paragraph (2) to the same extent the item or service would be covered if furnished in the same location of the covered beneficiary, and benefits shall not be denied under such a plan solely on the basis that the item or service is being furnished via a telecommunications system. For the purposes of reimbursement, licensure, professional liability, and other purposes under this section with respect to the provision of telehealth services, practitioners, suppliers, and providers of such services are considered to be furnishing such services at their location and not at the originating site. (2) A plan described in this paragraph is a plan for which the Secretary enters into a contract under subsection (a) to provide persons covered by subsection (c) with health benefits. . 3. Health care provided by the Department of Veterans Affairs (a) In general Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1709A the following new section: 1709B. Provision of health care via telecommunications system (a) Direct care In providing health care directly to an individual under this chapter or chapter 18 of this title, the Secretary may furnish an item or service to the individual via a telecommunications system. (b) Contracted care (1) An item or service furnished to an individual covered by a plan described in paragraph (2) via a telecommunications system shall be covered by such a plan to the same extent the item or service would be covered if furnished in the same location of the individual, and benefits shall not be denied under such a plan solely on the basis that the item or service is being furnished via a telecommunications system. For the purposes of reimbursement, licensure, professional liability, and other purposes under this chapter and chapter 18 with respect to the provision of telehealth services, practitioners, suppliers, and providers of such services are considered to be furnishing such services at their location and not at the originating site. (2) A plan described in this paragraph is a plan for which the Secretary enters into a contract or agreement under this chapter or chapter 18 of this title to furnish health care to an individual. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709A the following new item: 1709B. Provision of health care via telecommunications system. . 4. Effective date The amendments made by this Act shall take effect on January 1, 2015, and shall apply to items and services furnished on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr3507ih/xml/BILLS-113hr3507ih.xml |
113-hr-3508 | I 113th CONGRESS 1st Session H. R. 3508 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Duffy (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify the qualifications of hearing aid specialists of the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes.
1. Appointment of hearing aid specialists to Veterans Health Administration (a) Hearing aid specialists (1) Appointment Section 7401(3) of title 38, United States Code, is amended by inserting hearing aid specialists, after Audiologists, . (2) Qualifications Section 7402(b) of such title is amended— (A) by redesignating paragraph (14) as paragraph (15); and (B) by inserting after paragraph (13) the following new paragraph (14): (14) Hearing aid specialist To be eligible to be appointed to a hearing aid specialist position, a person must— (A) hold an associate’s degree in hearing instrument sciences, or its equivalent, from a college or university approved by the Secretary, or have successfully completed a hearing aid specialist apprenticeship program approved by the Secretary; and (B) be licensed as a hearing aid specialist, or its equivalent, in a State. . (b) Treatment of certain current specialists (1) In general A hearing aid specialist described in paragraph (2) shall be deemed to be eligible for appointment to a hearing aid specialist position under sections 7401(3) and 7402(b)(14) of title 38, United States Code, as amended by subsection (a). (2) Hearing aid specialist described A hearing aid specialist described in this paragraph is a hearing aid specialist who— (A) is not covered under section 7402(b)(14) of title 38, United States Code, as amended by subsection (a); and (B) during the two-year period ending on the date of the enactment of this Act— (i) held an unrevoked, unsuspended hearing aid license, or its equivalent, in a State; and (ii) worked as a licensed hearing aid specialist in a State. (c) Annual report required (1) In general Not later than one year after the date of the enactment of this Act, and each year thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (A) Timely access to hearing health services. (B) Contracting policies with respect to providing hearing health services in non-Department facilities. (2) Timely access With respect to the matters under paragraph (1)(A), the report shall include the following: (A) The staffing levels, as of the date of the report, of audiologists, health technicians in audiology, and hearing aid specialists in the Veterans Health Administration. (B) A description of how the Secretary measures performance with respect to appointments and care relating to hearing health. (C) The average time, as of the date of the report, that a patient waits to receive an appointment, beginning on the date on which the patient makes the request, for— (i) a disability rating evaluation; (ii) a primary hearing aid evaluation and ordering of hearing aids; (iii) dispensing of hearing aids; and (iv) any follow-up hearing health appointment. (D) The percentage of patients whose total wait time described in subparagraph (C) for both an initial and follow-up appointment is— (i) less than 15 days; (ii) between 15 days and 28 days; (iii) between 29 days and 42 days; (iv) between 43 days and 56 days; or (v) exceeds 56 days. (3) Contracting policies With respect to the matters under paragraph (1)(B), the report shall include the following: (A) The number of patients that the Secretary refers to non-Department audiologists for initial hearing health diagnosis appointments. (B) The number of patients described in subparagraph (A) whom the Secretary refers to non-Department hearing aid specialists for follow-up hearing health care as described in paragraph (2)(C). (C) The policies of the Veterans Health Administration regarding the referral of patients to non-Department hearing aid specialists and how such policies will be applied under the Patient-Centered Community Care Initiative. (d) Updated handbook Not later than 180 days after the date of the enactment of this Act, the Secretary shall update and reissue the handbook of the Veteran Health Administration numbered 1170.02 and titled VHA Audiology and Speech-Language Pathology Services to reflect the requirements made by this section or the amendments under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr3508ih/xml/BILLS-113hr3508ih.xml |
113-hr-3509 | I 113th CONGRESS 1st Session H. R. 3509 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Ms. Lee of California (for herself, Mr. Engel , Mr. Royce , Ms. Clarke , Ms. Wilson of Florida , Ms. Waters , Mr. Conyers , Ms. Ros-Lehtinen , Mr. Radel , Mr. Diaz-Balart , Mr. Meeks , Ms. Bass , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To direct the Secretary of State to submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti.
1. Short title This Act may be cited as the Assessing Progress in Haiti Act of 2013 . 2. Findings Congress finds the following: (1) On January 12, 2010, a massive earthquake struck near the Haitian capital city of Port-au-Prince, leaving an estimated 316,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation’s civil service, as well as 300,000 injured, 115,000 homes destroyed, and 2,000,000 people displaced. (2) According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population were directly affected by the disaster and related damages and economic losses totaled $7,804,000,000. (3) Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of economic growth spurring broader poverty reduction. (4) Today, according to the United Nations, the Government of Haiti, Haitian civil society, and international nongovernmental organizations, more than 8,000,000 people in Haiti, out of a population of approximately 10,000,000, continue to struggle to meet their food security needs as a result of the earthquake, tropical storms and hurricanes, rising global food prices, and long term neglect of the agricultural sector. (5) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over half a million reported cases and over 8,000 deaths to date, further straining the capacity of Haiti’s public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts. (6) The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $14,000,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of September 30, 2013. (7) The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute. (8) Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic. (9) Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to the USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap-Haïtien areas. (10) On October 9, 2013, the Committee on Foreign Affairs of the House of Representatives held an oversight hearing on the status and effectiveness of post-earthquake United States aid to Haiti, following a House of Representatives-mandated, year-long Government Accountability Office (GAO) report that was highly critical of some aspects of USAID’s recovery effort. (11) According to GAO, as of June 30, 2013, USAID had disbursed just 35 percent of its reconstruction funds in Haiti, the port project was 2 years behind schedule and over budget by an estimated $189,000,000, the housing project has been reduced by 80 percent, and the sustainability of the power plant, the port, and the housing projects were all at risk. (12) GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap. (13) Donors have encountered significant challenges in implementing recovery programs and nearly 4 years after the earthquake an estimated 279,000 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak. (14) For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Haitian Government to transparency, a market economy, rule of law, and democracy. 3. Statement of policy It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that— (1) promotes efforts that are led by and support the Haitian people and the Haitian Government at all levels so that Haitians lead the course of reconstruction and development of Haiti; (2) builds the long term capacity of the Government of Haiti and Haitian civil society; (3) reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity; (4) respects and helps restore Haiti’s natural resources, as well as builds community-level resilience to environmental and weather-related impacts; (5) provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data; (6) prioritizes the local procurement of goods and services in Haiti where appropriate; and (7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution. 4. Report (a) In general Not later than 120 days after the date of the enactment of this Act and every 180 days thereafter through September 30, 2016, the Secretary of State shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti. (b) Contents The report required by subsection (a) shall include— (1) a summary of the Haiti Rebuilding and Development Strategy, including any significant modifications to the strategy over the reporting period and an explanation thereof; (2) a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance; (3) an assessment of the progress of United States efforts to advance the objectives of the Haiti Rebuilding and Development Strategy through the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity produced by the Department of State, compared to what remains to be achieved to meet specific goals, including— (A) a description of any significant changes to the Strategy over the reporting period and an explanation thereof; (B) an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including— (i) a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy; (ii) a description of efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and (iii) a description of efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments; (C) a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in Strategy at the project level; (D) the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the principal and subrecipient levels, where practicable; and (E) a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to abuse and mismanagement; (4) a description of measures taken to strengthen, and an assessment of, Haitian governmental and non-governmental organizational capacity to undertake and sustain United States-supported recovery programs; (5) a description of United States efforts to consult and engage with Haitian Government ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Haiti Rebuilding and Development Strategy; (6) a description of efforts to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new programs under the Haiti Rebuilding and Development Strategy, as well as efforts to coordinate with and engage the Haitian diaspora; (7) consistent with the Government of Haiti’s ratification of the United Nations Convention Against Corruption, a description of United States and Haitian Government efforts to strengthen Haitian Government institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti-corruption efforts; (8) a description of efforts to leverage public-private partnerships and increase the involvement of the Haitian private sector in recovery and development activities and coordinate programs with the private sector and other donors; (9) a description and assessment of efforts to give priority to the particular needs and views of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure; (10) an assessment of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women; (11) a description of mechanisms for communicating the progress of recovery and development efforts to the Haitian people, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole; and (12) a description of the steps Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr3509ih/xml/BILLS-113hr3509ih.xml |
113-hr-3510 | I 113th CONGRESS 1st Session H. R. 3510 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Ms. Bass (for herself, Mr. Scott of Virginia , Mr. Danny K. Davis of Illinois , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to repeal the suspension of eligibility for grants, loans, and work assistance for drug-related offenses.
1. Short title This Act may be cited as the Stopping Unfair Collateral Consequences from Ending Student Success Act or SUCCESS Act . 2. Repeal of suspension of eligibility under the Higher Education Act of 1965 for grants, loans, and work assistance for drug-related offenses (a) Repeal Subsection (r) of section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091(r) ) is repealed. (b) Conforming amendments The Higher Education Act of 1965 is amended— (1) in section 428(b)(3) ( 20 U.S.C. 1078(b)(3) )— (A) in subparagraph (C), by striking 485(l) and inserting 485(k) ; and (B) in subparagraph (D), by striking 485(l) and inserting 485(k) ; (2) in section 435(d)(5) ( 20 U.S.C. 1085(d)(5) )— (A) in subparagraph (E), by striking 485(l) and inserting 485(k) ; and (B) in subparagraph (F), by striking 485(l) and inserting 485(k) ; (3) in section 484 ( 20 U.S.C. 1091 ), by redesignating subsections (s) and (t) as subsections (r) and (s), respectively; and (4) in section 485 ( 20 U.S.C. 1092 )— (A) by striking subsection (k); and (B) by redesignating subsections (l) and (m) as subsections (k) and (l), respectively. | https://www.govinfo.gov/content/pkg/BILLS-113hr3510ih/xml/BILLS-113hr3510ih.xml |
113-hr-3511 | I 113th CONGRESS 1st Session H. R. 3511 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Capuano (for himself, Ms. Waters , Mr. Jones , Mr. Hinojosa , Mr. Lynch , Mr. Keating , and Mr. Tierney ) 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 Keeping Flood Insurance Affordable 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) Certain subsidized rate 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(a)(2)(A) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(2)(A) ) and the appraised value of which does not exceed $1,000,000, except that for any owner of such a non-primary residence this subparagraph shall apply to only one such property; or (B) described under section 1307(a)(2)(D) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(2)(D) ), except that— (i) any single business may insure only a single property with risk premium rate subsidies provided pursuant to this subparagraph; and (ii) notwithstanding section 1306(b) ( 42 U.S.C. 4013(b) ), in making insurance coverage available for any property with risk premium rate subsidies provided pursuant to this subparagraph, coverage shall be made available with respect to any single such building up to an aggregate liability of $1,000,000, and coverage shall be made available up to a total of $1,000,000 aggregate liability for contents owned by the building owner and $1,000,000 aggregate liability for each unit within the building for contents owned by the tenant. (4) Expiration The prohibitions set forth under paragraphs (1), (2), and (3) 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 Keeping Flood Insurance Affordable 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-113hr3511ih/xml/BILLS-113hr3511ih.xml |
113-hr-3512 | I 113th CONGRESS 1st Session H. R. 3512 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Heck of Nevada introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to facilitate the transition to Medicare for individuals enrolled in group health plans, to establish a 3-month open enrollment period under Medicare Advantage, and for other purposes.
1. Short title This Act may be cited as the Seniors’ Health Care Choice Act of 2013 . 2. Facilitating transition to Medicare for individuals enrolled in group health plans (a) Special enrollment period for individuals enrolled in COBRA continuation coverage Section 1837(i) of the Social Security Act ( 42 U.S.C. 1395p(i) ) is amended by adding at the end the following new paragraph: (5) (A) In the case of an individual who— (i) at the time the individual first satisfies paragraph (1) or (2) of section 1836, is enrolled in COBRA continuation coverage (as defined in subparagraph (D)); and (ii) has elected not to enroll (or to be deemed enrolled) under this section during the individual's initial enrollment period; there shall be a special enrollment period described in subparagraph (B). (B) The special enrollment period referred to in subparagraph (A) is the period that includes each month during any part of which the individual is enrolled in COBRA continuation coverage. (C) An individual may only enroll during the special enrollment period provided under subparagraph (B) one time during the individual's lifetime. (D) For purposes of this paragraph, the term COBRA continuation coverage means continuation coverage— (i) under a COBRA continuation provision (as defined in section 2791(d)(4) of the Public Health Service Act); (ii) pursuant to section 8905a of title 5, United States Code; or (iii) under a similar State program. . (b) Coverage period for individuals transitioning from COBRA continuation coverage Section 1838(e) of the Social Security Act ( 42 U.S.C. 1395q(e) ) is amended— (1) by striking pursuant to section 1837(i)(3) or 1837(i)(4)(B) and inserting the following: pursuant to— (1) section 1837(i)(3) or 1837(i)(4)(B)— ; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (3) by striking the period at the end of the subparagraph (B), as so redesignated, and inserting ; or ; and (4) by adding at the end the following new paragraph: (2) section 1837(i)(5), the coverage period shall begin on the first day of the month following the month in which the individual so enrolls. . 3. 3-month open enrollment period for Medicare Advantage (a) In general Section 1851(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–1(e)(2) ) is amended— (1) in subparagraph (C), by inserting and ending with 2013 after (beginning with 2011 ; and (2) by adding at the end the following new subparagraph: (F) Continuous open enrollment and disenrollment for first 3 months in subsequent years Subject to subparagraph (D), at any time during the first 3 months of a year (beginning with 2014), or, if the individual first becomes a Medicare Advantage eligible individual during a year after 2014, during the first 3 months of such year in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1). . (b) Conforming amendment Section 1851(e)(2)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(2)(B)(i) ) is amended by striking , subparagraph(C)(iii), . | https://www.govinfo.gov/content/pkg/BILLS-113hr3512ih/xml/BILLS-113hr3512ih.xml |
113-hr-3513 | I 113th CONGRESS 1st Session H. R. 3513 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mrs. Lowey (for herself, Mr. Moran , Mr. Waxman , Mr. Price of North Carolina , Mr. Pocan , Ms. Shea-Porter , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To end the use of body-gripping traps in the National Wildlife Refuge System.
1. Short title This Act may be cited as the Refuge from Cruel Trapping Act . 2. Possession or use of body-gripping trap prohibited The National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ) is amended by adding at the end the following: 6. Possession or use of body-gripping trap prohibited (a) In general No person may possess or use a body-gripping trap in the System. (b) Enforcement provisions Notwithstanding section 4(f), a person who possesses or uses a body-gripping trap in the System shall be subject to the following: (1) In the case of a first offense, a civil fine of not more than $500 imposed by the Secretary for each body-gripping trap possessed or used. (2) In the case of a subsequent offense— (A) a civil fine of not more than $1,000 imposed by the Secretary for each body-gripping trap possessed or used; (B) imprisonment for not more than 180 days; or (C) both a civil fine and imprisonment in accordance with subparagraphs (A) and (B). (c) Forfeiture of body-Gripping trap Any body-gripping trap that is possessed or used in violation of this section, and any wildlife captured by the use of such trap, including the pelt or raw fur, shall be subject to forfeiture to the United States in accordance with the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures. (d) Payment of court costs and other associated expenses A person found to be in violation of subsection (a) shall pay all court costs associated therewith. (e) Regulations Not later than 120 days after the date of the enactment of this section, the Secretary shall issue any regulations necessary to carry out this section. (f) Definition As used in this section, the term body-gripping trap — (1) means any device that is intended to kill or capture wildlife by physically restraining any part of the animal; (2) includes any steel-jaw, padded, or other modified leghold trap, kill-type trap, snare trap, or any modified version of any such trap; and (3) does not include any cage or box trap or suitcase-type live beaver trap. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3513ih/xml/BILLS-113hr3513ih.xml |
113-hr-3514 | I 113th CONGRESS 1st Session H. R. 3514 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. McDermott 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 authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to dependents.
1. Short title This Act may be cited as the Post-9/11 Educational Assistance Enhancement Act . 2. Expansion of authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to dependents (a) Transfer authorized Subsection (b) of section 3319 of title 38, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting or a former member described in paragraph (3), as the case may be, after services ; (2) in paragraph (1)— (A) by inserting with respect to a member of the uniformed services, before six years ; and (B) by striking or ; (3) in paragraph (2)— (A) by inserting with respect to a member of the uniformed services, before the years ; and (B) by striking the period and inserting ; or ; and (4) by adding at the end the following new paragraph: (3) with respect to a former member who is entitled to retired pay by reason of service in the uniformed services (or would be so entitled but for the fact that the member has not attained a certain age), the years of service as determined in regulations pursuant to subsection (j). . (b) Time for Transfer Subsection (f)(1) of such section is amended to read as follows: (1) Time for Transfer (A) Members Subject to the time limitation for use of entitlement under section 3321, an individual described in paragraph (1) or (2) of subsection (b) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed. (B) Former members Subject to the time limitation for use of entitlement under section 3321, an individual described in subsection (b)(3) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only during the five-year period beginning on the date of the last discharge or release of the individual from the uniformed services. . (c) Effective date The amendments made by this Act shall take effect as if included in the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3514ih/xml/BILLS-113hr3514ih.xml |
113-hr-3515 | I 113th CONGRESS 1st Session H. R. 3515 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to increase the age limit for children using transferred Post-9/11 Educational Assistance.
1. Short title This Act may be cited as the Increased Age Limit for Post-9/11 Education Assistance Dependents Act . 2. Increase of age limit to use transferred Post-9/11 Educational Assistance (a) Increase in age limit Section 3319(h)(5) of title 38, United States Code, is amended by striking 26 years each place it appears and inserting 29 years . (b) Effective date The amendment made by this Act shall take effect as if included in the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3515ih/xml/BILLS-113hr3515ih.xml |
113-hr-3516 | I 113th CONGRESS 1st Session H. R. 3516 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Ryan of Ohio (for himself, Mr. Nugent , and Mr. Ruiz ) 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 improve health care furnished by the Department of Veterans Affairs and the Department of Defense by increasing access to complementary and alternative medicine and other approaches to wellness and preventive care, and for other purposes.
1. Short title This Act may be cited as the Veterans and Armed Forces Health Promotion Act of 2013 . 2. Department of Veterans Affairs and Department of Defense expansion of research and education into integration of complementary and alternative medicine interventions (a) Development and implementation of expansion plan Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly develop and implement a plan to expand materially and substantially the scope of research and education on, and delivery of holistic care that includes, the integration of appropriate complementary and alternative medicine interventions in the delivery of health care to veterans under chapter 17 of title 38, United States Code, and members of the Armed Forces at military medical treatment facilities under title 10, United States Code. Such plan shall provide for— (1) the conduct of research on— (A) integrating proven or promising complementary and alternative medicine interventions into the delivery of health care to veterans and members of the Armed Forces; and (B) models and systems for providing holistic care that includes complementary and alternative medicine interventions; (2) education and training for health care professionals on— (A) proven and promising complementary and alternative medicine interventions; (B) appropriate uses of such interventions therapeutic options; and (C) holistic integration of such interventions into the delivery of health care to veterans; (3) carrying out the research, education, and clinical activities described in paragraphs (1) and (2) at centers of innovation at geographically dispersed medical centers operated jointly by the Secretary of Veterans Affairs and the Secretary of Defense; and (4) the development of joint metrics and outcome measures to evaluate the provision (and cost effectiveness) of complementary and alternative medicine interventions in the care of patients of both the Department of Veterans Affairs and the Department of Defense. (b) Consultation with experts (1) Consultation required For the purposes described in paragraph (2), the Secretary of Veterans Affairs and the Secretary of Defense shall consult with the following: (A) The Director of the Center on Complementary and Alternative Medicine at the National Institute of Health. (B) The Director of the Food and Drug Administration. (C) Academic centers, private research institutes, and individual researchers that have extensive experience in studying complementary and alternative medicine and the integration of such interventions in the delivery of conventional medical care. (D) Nationally recognized providers of complementary and alternative medicine. (E) Such other sources of expertise as the Secretary deems appropriate. (2) Purpose of consultation The Secretary of Veterans Affairs and the Secretary of Defense shall undertake the consultation described in paragraph (1)— (A) in developing the plan required under subsection (a); (B) to identify specific proven or promising complementary and alternative medicine interventions that, on the basis of research findings or promising clinical interventions, are appropriate to include as covered services under section 3; and (C) to identify barriers to the effective provision and integration of complementary and alternative medicine interventions (and means of circumventing such barriers). (c) Funding None of the amounts authorized to be appropriated to carry out this section may be obligated or expended except for a joint effort of the Department of Defense and the Department of Veterans Affairs. 3. Medical treatment and research facilities jointly operated by the department of veterans affairs and the department of defense (a) Pilot program required Commencing not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly develop and implement a plan to establish jointly-operated medical treatment and research facilities. Such facilities shall— (1) be staffed by employees of the Department of Veterans Affairs and the Department of Defense and members of the Armed Forces; (2) be operated by dividing the operation and maintenance expenses between both the Department of Veterans Affairs and the Department of Defense by a ratio determined in a memorandum of understanding between the Secretaries; and (3) bill to each Department the cost of certain specialty medical services, including radiology, laboratory, and surgery, as such services are used. (b) Duration of program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretaries shall carry out the pilot program by establishing not fewer than 5 joint medical treatment and research facilities. (2) Considerations In selecting locations for the pilot program, the Secretaries shall consider the feasibility and advisability of selecting locations— (A) in areas with a high concentration of veterans and members of the Armed Forces; (B) that present a reasonable probability of cost savings to the taxpayer by consolidation of services and facilities currently administered separately as determined jointly by the Secretaries; and (C) where collaboration of research and treatment will be most beneficial to the common needs of the patients under the care of both Departments, as determined jointly by the Secretaries. (d) Funding None of the amounts authorized to be appropriated to carry out this section may be obligated or expended except for a joint effort of the Department of Defense and the Department of Veterans Affairs. 4. Pilot program on establishment of complementary and alternative medicine centers within Department of Veterans Affairs medical centers (a) Pilot program required Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out, through the Office of Patient Centered Care and Cultural Transformation of the Department of Veterans Affairs, a pilot program to assess the feasibility and advisability of establishing complementary and alternative medicine centers within Department of Veterans Affairs medical centers to promote the use and integration of complementary and alternative medicine services for mental health diagnoses and pain management. (b) Duration of program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program by establishing not fewer than 10 complementary and alternative medicine centers in 10 separate Department medical centers as follows: (A) Three Department medical centers designated by the Secretary as polytrauma centers. (B) Seven Department medical centers not designated by Secretary as polytrauma centers. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in— (A) rural areas; (B) areas that are not in close proximity to an active duty military installation; and (C) areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (d) Provision of services Under the pilot program, the Secretary shall provide covered services to covered patients through the complementary and alternative medicine centers established under subsection (c)(1). (e) Covered patients For purposes of the pilot program, a covered patient is any patient who is a veteran or member of the Armed Forces who has— (1) a mental health condition diagnosed by a clinician of the Department of Veterans Affairs, in the case of a patient who is a veteran, or a clinician of the Department of Defense, in the case of a patient who is a member of the Armed Forces; or (2) a pain condition for which the veteran has received a pain management plan from a clinician of the Department of Veterans Affairs, in the case of a patient who is a veteran, or a clinician of the Department of Defense, in the case of a patient who is a member of the Armed Forces. (f) Covered services (1) In general For purposes of the pilot program, covered services are services consisting of complementary or alternative medicine. (2) Administration of services Covered services shall be administered under the pilot program as follows: (A) Covered services shall be administered by clinicians who exclusively provide services consisting of complementary or alternative medicine. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office. (C) Covered services shall be made available to both— (i) covered patients with mental health conditions or pain conditions described in subsection (e) who have received traditional treatments from the Department for such conditions; and (ii) covered patients with mental health conditions or pain conditions described in subsection (e) who have not received traditional treatments from the Department for such conditions. (g) Voluntary participation The participation of a patient in the pilot program shall be at the election of the patient and in consultation with a clinician of the Department of Veterans Affairs, in the case of a patient who is a veteran, and in consultation with a clinician of the Department of Defense, in the case of a patient who is member of the Armed Forces. (h) Reports to Congress (1) Quarterly reports Not later than 90 days after the date of the commencement of the pilot program and not less frequently than once every 90 days thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the efforts of the Secretary to carry out the pilot program, including a description of the outreach conducted by the Secretary to veterans and community organizations to inform such organizations about the pilot program. (2) Final report (A) In general Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program, including with respect to the utilization and efficacy of the complementary and alternative medicine centers established under the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (i) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 5. Pilot program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans (a) Pilot program required (1) In general The Secretary of Veterans Affairs shall carry out a pilot program through the award of grants to public or private nonprofit entities to assess the feasibility and advisability of using wellness programs to complement the provision of mental health care to veterans and family members eligible for counseling under section 1712A(a)(1)(C) of title 38, United States Code. (2) Matters to be addressed The pilot program shall be carried out so as to assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of mental health care to veterans and family members described in paragraph (1). (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the mental health care services available to veterans and family members described in paragraph (1). (C) Means of using wellness programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of mental health care to veterans and family members described in paragraph (1). (D) Whether wellness programs described in subparagraph (C) are effective in enhancing the quality of life and well-being of veterans and family members described in paragraph (1). (E) Whether wellness programs described in subparagraph (C) are effective in increasing the adherence of veterans described in paragraph (1) to the primary mental health services provided such veterans by the Department. (F) Whether wellness programs described in subparagraph (C) have an impact on the sense of wellbeing of veterans described in paragraph (1) who receive primary mental health services from the Department. (G) Whether wellness programs described in subparagraph (C) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the pilot program for a period of three years beginning on the date that is 90 days after the date of the enactment of this Act. (c) Locations The Secretary shall carry out the pilot program at facilities of the Department providing mental health care services to veterans and family members described in subsection (a)(1). (d) Grant proposals (1) In general A public or private nonprofit entity seeking the award of a grant under this section shall submit an application therefor to the Secretary in such form and in such manner as the Secretary may require. (2) Application contents Each application submitted under paragraph (1) shall include the following: (A) A plan to coordinate activities under the pilot program, to the extent possible, with the Federal, State, and local providers of services for veterans to enhance the following: (i) Awareness by veterans of benefits and health care services provided by the Department. (ii) Outreach efforts to increase the use by veterans of services provided by the Department. (iii) Educational efforts to inform veterans of the benefits of a healthy and active lifestyle. (B) A statement of understanding from the entity submitting the application that, if selected, such entity will be required to report to the Secretary periodically on standardized data and other performance data necessary to evaluate individual outcomes and to facilitate evaluations among entities participating in the pilot program. (C) Other requirements that the Secretary may prescribe. (e) Grant uses (1) In general A public or private nonprofit entity awarded a grant under this section shall use the award for purposes prescribed by the Secretary. (2) Eligible veterans and family In carrying out the purposes prescribed by the Secretary in paragraph (1), a public or private nonprofit entity awarded a grant under this section shall use the award to furnish services only to individuals specified in section 1712A(a)(1)(C) of title 38, United States Code. (f) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to Congress a report on the pilot program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program during the 180-day period preceding the report. (ii) An assessment of the benefits of the pilot program to veterans and their family members during the 180-day period preceding the report. (2) Final report Not later than 180 days after the end of the pilot program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the pilot program. (g) Wellness defined In this section, the term wellness shall have the meaning given that term in regulations prescribed by the Secretary. (h) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 6. Pilot program on fitness and nutrition improvement for overweight and obese veterans (a) Pilot program required Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, through the National Center for Preventive Health, carry out a pilot program to assess the feasibility and advisability of promoting health in covered veterans, including achieving a healthy weight and reducing risks of chronic disease, through support for fitness center membership. (b) Covered veterans For purposes of this section, a covered veteran is any veteran who— (1) is determined by a clinician of the Department of Veterans Affairs to be overweight or obese as of the date of the commencement of the pilot program; and (2) resides in a location that is more than 15 miles from a fitness center at a facility of the Department that would otherwise be available to the veteran for at least eight hours per day during five or more days per week. (c) Duration of pilot program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (d) Locations (1) In general In carrying out the pilot program, the Secretary shall select— (A) not less than five medical centers of the Department at which the Secretary shall cover the full reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers; (B) not less than five medical centers of the Department at which the Secretary shall cover half the reasonable cost of a fitness center membership for covered veterans within the catchment area of such centers; and (C) not less than five medical centers of the Department at which the Secretary shall provide comprehensive medical nutrition therapy for covered veterans. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas: (A) Areas that are not in close proximity to an active duty military installation. (B) Areas in different geographic locations. (e) Participation (1) Maximum number of participants The number of covered veterans who may participate in the pilot program at a location selected under subsection (d) may not exceed 100. (2) Voluntary participation The participation of a covered veteran in the pilot program shall be at the election of the covered veteran in consultation with a clinician of the Department. (f) Fitness center membership payment (1) In general Except as provided in paragraph (2), in carrying out the pilot program, the Secretary shall pay the following: (A) The full reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (b)(1)(A) who are participating in the pilot program. (B) Half the reasonable cost of a fitness center membership for covered veterans within the catchment area of centers selected under subsection (b)(1)(B) who are participating in the pilot program. (2) Limitation Payment for a fitness center membership of a covered veteran may not exceed $50 per month of membership. (g) Reports (1) Periodic reports Not later than 90 days after the date of the commencement of the pilot program and not less frequently than once every 90 days thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on activities carried out to implement the pilot program, including outreach activities to veterans and community organizations. (2) Final report Not later than 180 days after the date of the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program detailing— (A) the findings and conclusions of the Secretary as a result of the pilot program; and (B) recommendations for the continuation or expansion of the pilot program. (h) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 7. Pilot program on transformation of veterans services organizations facilities into veteran health and wellness centers (a) Pilot program required (1) In general The Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary makes grants to nonprofit veterans services organizations (hereinafter in this section referred to as VSOs ) recognized by the Secretary in accordance with section 5902 of title 38, United States Code, to upgrade, through construction and repair, VSO community facilities into health and wellness centers. (2) Use of funds The recipient of a grant under this section shall use the grant to carry out the repair of a facility owned by the recipient or to construct a facility on property owned by the recipient. Such funds may not be used to purchase real estate or to carry out repair of facilities leased by the recipient or to construct facilities on property leased by the recipient. Any facility repaired or constructed using grant funds shall be used to provide alternative medical care, or wellness programs, to veterans and family members as such term is defined in section 1712A(h)(3) of title 38, United States Code. (3) Facility operation As a condition of the receipt of a grant under this section, a VSO shall agree to carry out the operation and maintenance of the facility that is repaired or constructed using grant funds for the three-year period beginning on the date of the completion of the repair or construction. (b) Duration of pilot program The pilot program shall be carried out during the two-year period beginning on the date of the commencement of the pilot program. (c) Locations In selecting the recipients of grants under this section, the Secretary shall ensure that the grant recipients use grant funds to construct or repair facilities located in at least ten different geographic locations. The Secretary shall give priority to locations in economically depressed areas that are not in close proximity to Department of Veterans Affairs medical centers. (d) Eligibility To be eligible to receive a grant under this section, a VSO shall submit to the Secretary an application in such form and in such manner as the Secretary may require. (e) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program during the 180-day period covered by the report. (ii) An assessment of the benefits of the pilot program to veterans and either family members during the 180-day period covered by the report. (2) Final report Not later than 180 days after the conclusion of the pilot program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the pilot program. (f) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 8. Definition of complementary and alternative medicine In this Act, the term complementary and alternative medicine shall— (1) have the meaning given that term in regulations the Secretary shall prescribe for purposes of this Act, which shall, to the degree practicable, be consistent with the meaning given such term by the Secretary of Health and Human Services; and (2) include integrative health care, adjunctive health care, and functional medicine. | https://www.govinfo.gov/content/pkg/BILLS-113hr3516ih/xml/BILLS-113hr3516ih.xml |
113-hr-3517 | I 113th CONGRESS 1st Session H. R. 3517 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Schrader 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 or other applicable State Exchange website is fully operational, and for other purposes.
1. Short title This Act may be cited as the Federal and State Insurance Exchange 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 or other applicable State website 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 Exchange websites fully operational Beginning not later than 30 days after the date of the enactment of the Federal and State Insurance Exchange 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 and applicable State Exchange websites 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 and each applicable State Exchange 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 or the applicable State Exchange website (as the case may be) 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— (A) in the case of an individual residing in a State with an applicable State Exchange website, the date of the submittal to Congress of the certification under paragraph (3) both for the healthcare.gov website and for the applicable State Exchange website; or (B) in the case of an individual residing in a State without an applicable State Exchange website, the date of the submittal to Congress of the certification under paragraph (3) for the healthcare.gov website. (5) Fully operational defined In this subsection, the term fully operational means, with respect to the healthcare.gov website or an applicable State Exchange 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). (6) Applicable State Exchange website defined In this subsection, the term applicable State Exchange website means a website that is established by a State in connection with enrollment activities in such State for an American Health Benefits Exchange and that is separate from the healthcare.gov website. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3517ih/xml/BILLS-113hr3517ih.xml |
113-hr-3518 | I 113th CONGRESS 1st Session H. R. 3518 IN THE HOUSE OF REPRESENTATIVES November 15, 2013 Mr. Swalwell of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Works and Economic Development Act of 1965 with respect to grants for economic adjustment, and for other purposes.
1. Short title This Act may be cited as the Restarting Local Economies Act of 2013 . 2. Grants for economic adjustment (a) In general Section 209(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(c) ) is amended— (1) in paragraph (4) by striking or at the end; (2) in paragraph (5) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (6) the closure of a local government entity that had an economic development mission and left obligations related to economic development projects unfulfilled when closed. . (b) Cost sharing Section 204(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c) ) is amended by adding at the end the following: (4) Closure of local government economic development entity In the case of a grant provided under section 209, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the applicable project if the Secretary determines that the project assists a community with an economy injured by the closure of a local government entity that had an economic development mission and left obligations related to economic development projects unfulfilled when closed. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3518ih/xml/BILLS-113hr3518ih.xml |
113-hr-3519 | I 113th CONGRESS 1st Session H. R. 3519 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Neugebauer introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to make the Bureau of Consumer Financial Protection an independent agency.
1. Short title This Act may be cited as the Bureau of Consumer Financial Protection Accountability and Transparency Act of 2013 . 2. Making the Bureau an independent agency The Consumer Financial Protection Act of 2010 is amended— (1) in section 1011— (A) in subsection (a), by striking in the Federal Reserve System, ; and (B) in subsection (e), by striking , including in cities in which the Federal reserve banks, or branches of such banks, are located, ; (2) in section 1012(c), by striking paragraphs (2), (3), (4), and (5); and (3) in section 1014(b), by striking Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis. . 3. Bringing the Bureau into the regular appropriations process Section 1017 of the Consumer Financial Protection Act of 2010 is amended— (1) in subsection (a)— (A) by amending the heading of such subsection to read as follows: Budget, financial management, and audit.— ; (B) by striking paragraphs (1), (2), and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) by striking subparagraphs (E) and (F) of paragraph (1), as so redesignated; (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; and (4) in subsection (c), as so redesignated— (A) by striking paragraphs (1), (2), and (3) and inserting the following: (1) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this title for each of fiscal years 2014 and 2015. ; and (B) by redesignating paragraph (4) as paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-113hr3519ih/xml/BILLS-113hr3519ih.xml |
113-hr-3520 | I 113th CONGRESS 1st Session H. R. 3520 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Boustany 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 reform rules relating to 501(c)(4) organizations and provide certain taxpayer protections, and for other purposes.
1. Short title This Act may be cited as the Exempt Organization Simplification and Taxpayer Protection Act of 2013 . 2. Organizations required to notify Secretary of intent to operate as 501(c)(4) (a) In general Part I of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 506. Organizations required to notify Secretary of intent to operate as 501(c)(4) (a) In general An organization described in section 501(c)(4) shall, not later than 60 days after the organization is established, notify the Secretary (in such manner as the Secretary shall by regulation prescribe) that it is operating as such. (b) Contents of notice The notice required under subsection (a) shall include the following information: (1) The name, address, and taxpayer identification number of the organization. (2) The date on which, and the State under the laws of which, the organization was organized. (3) A statement of the purpose of the organization. (c) Acknowledgment of receipt Not later than 60 days after receipt of such a notice, the Secretary shall send to the organization an acknowledgment of such receipt. (d) Extension for reasonable cause The Secretary may, for reasonable cause, extend the 60-day period described in subsection (a). (e) User fee The Secretary shall impose a reasonable user fee for submission of the notice under subsection (a). (f) Request for determination Upon request by an organization to be treated as an organization described in section 501(c)(4), the Secretary may issue a determination with respect to such treatment. Such request shall be treated for purposes of section 6104 as an application for exemption from taxation under section 501(a). . (b) Supporting information with first return Paragraph (1) of section 6033(f) of such Code is amended— (1) by striking the period at the end and inserting , and , (2) by striking include on the return required under subsection (a) the information and inserting the following: include on the return required under subsection (a)— (1) the information , and (3) by adding at the end the following new paragraph: (2) in the case of the first such return filed by such an organization after submitting a notice to the Secretary under section 506(a), such information as the Secretary shall by regulation require in support of the organization’s treatment as an organization described in section 501(c)(4). . (c) Failure To file initial notification Subsection (c) of section 6652 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: (4) Notices under section 506 (A) Penalty on organization In the case of a failure to submit a notice required under section 506(a) (relating to organizations required to notify Secretary of intent to operate as 501(c)(4)) on the date and in the manner prescribed therefor, there shall be paid by the organization failing to so submit $20 for each day during which such failure continues, but the total amount imposed under this subparagraph on any organization for failure to submit any one notice shall not exceed $5,000. (B) Managers The Secretary may make written demand on an organization subject to penalty under subparagraph (A) specifying in such demand a reasonable future date by which the notice shall be submitted for purposes of this subparagraph. If such notice is not submitted on or before such date, there shall be paid by the person failing to so submit $20 for each day after the expiration of the time specified in the written demand during which such failure continues, but the total amount imposed under this subparagraph on all persons for failure to submit any one notice shall not exceed $5,000. . (d) Clerical amendment The table of sections for part I of subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 506. Organizations required to notify Secretary of intent to operate as 501(c)(4) . . (e) Effective date (1) In general The amendments made by this section shall apply to organizations which are described in section 501(c)(4) of the Internal Revenue Code of 1986 and organized after December 31, 2014. (2) Certain existing organizations In the case of any other organization described in section 501(c)(4) of such Code, the amendments made by this section shall apply to such organization only if, on or before the date of the enactment of this Act— (A) such organization has not applied for a written determination of recognition as an organization described in section 501(c)(4) of such Code, and (B) such organization has not filed at least one annual return or notice required under subsection (a)(1) or (i) (as the case may be) of section 6033 of such Code. In the case of any organization to which the amendments made by this section apply by reason of the preceding sentence, such organization shall submit the notice required by section 506(a) of such Code, as added by this Act, not later than 180 days after the date of the enactment of this Act. 3. Declaratory judgments for 501(c)(4) organizations (a) In general Paragraph (1) of section 7428(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C) and by inserting after subparagraph (D) the following new subparagraph: (E) with respect to the initial classification or continuing classification of an organization described in section 501(c)(4) which is exempt from tax under section 501(a), or . (b) Effective date The amendments made by this section shall apply to pleadings filed after the date of the enactment of this Act. 4. Release of information regarding the status of certain investigations (a) In general Subsection (e) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Disclosure of information regarding status of investigation of violation of this section In the case of a person who provides to the Secretary information indicating a violation of section 7213, 7213A, or 7214 with respect to any return or return information of such person, the Secretary may disclose to such person (or such person’s designee)— (A) whether an investigation based on the person’s provision of such information has been initiated and whether it is open or closed, (B) whether any such investigation substantiated such a violation by any individual, and (C) whether any action has been taken with respect to such individual (including whether a referral has been made for prosecution of such individual). . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 5. Review of Internal Revenue Service examination selection procedures (a) In general The Comptroller General of the United States shall conduct a study of each Internal Revenue Service operating division to assess the process used for determining how enforcement cases are selected and processed. Such study shall include a review of the following: (1) The standards each such operating division has established for enforcement case selection (including any automated or discretionary selection processes) and case work, and whether such standards meet the objectives of impartiality, objectivity, compliance, and minimizing taxpayer burden. (2) The extent to which any cases are initiated by referrals or complaints from inside or outside of the operating division (including from outside of the Internal Revenue Service). (3) The Internal Revenue Service controls (including management reviews and regular updates) for assuring that its standards for enforcement cases (and handling of referrals and complaints) in each operating division are sufficient for achieving the objectives described in paragraph (1). (4) The Internal Revenue Service controls (including training, monitoring, and quality assessments) for assuring that its standards are adhered to by all division personnel and the effectiveness of such controls. (5) Whether the existing standards and controls provide reasonable assurance that each division’s enforcement processes meet the Internal Revenue Service objectives of impartiality, objectivity, compliance, and minimizing taxpayer burden. (b) Initial report Not later than 1 year after the date of the enactment of this section, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Secretary of the Treasury a report on the results of such study. Such report shall include such recommendations as the Comptroller General may deem advisable. (c) Follow-Up on recommendations Not later than 180 days after a report is submitted with respect to an operating division under subsection (b), the Comptroller General shall conduct a follow-up study, and submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Secretary of the Treasury a report, on whether any recommendations to improve case selection and case work processes have been implemented and are working as intended. (d) Continuing case management studies and reports (1) In general After a report is submitted under subsection (b), the Comptroller General shall conduct follow-up studies and reports in the same manner as provided in subsections (a) and (b) with respect to each operating division of the Internal Revenue Service and shall include in such study and report a review of whether any previous recommendations to improve case selection and case work processes have been implemented and are working as intended. (2) Frequency Each such report with respect to an operating division shall be submitted not later than 4 years after the date the most recent report was submitted with respect to such operating division under subsection (b) or this subsection. The Comptroller General shall submit no fewer than 1 such report each year. 6. IRS employees prohibited from using personal email accounts for official business No officer or employee of the Internal Revenue Service may use a personal email account to conduct any official business of the Government. | https://www.govinfo.gov/content/pkg/BILLS-113hr3520ih/xml/BILLS-113hr3520ih.xml |
113-hr-3521 | I 113th CONGRESS 1st Session H. R. 3521 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To authorize Department of Veterans Affairs major medical facility leases, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 . 2. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. 3. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs . (b) Requirement for obligation of full cost Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either— (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency (1) Compliance Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph: (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 of title 31 (commonly referred to as the Anti-Deficiency Act ). Any such analysis shall include— (A) an analysis of the classification of the lease as a lease-purchase , capital lease , or operating lease as those terms are defined in Office of Management and Budget Circular A–11; (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a copy of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. | https://www.govinfo.gov/content/pkg/BILLS-113hr3521ih/xml/BILLS-113hr3521ih.xml |
113-hr-3522 | I 113th CONGRESS 1st Session H. R. 3522 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 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 authorize health insurance issuers to continue to offer for sale current group health insurance coverage in satisfaction of the minimum essential health insurance coverage requirement, and for other purposes.
1. Short title This Act may be cited as the Employee Health Care Protection Act of 2013 . 2. If you like your group health insurance plan, you can keep it (a) In general Notwithstanding any provision of the Patient Protection and Affordable Care Act (including any amendment made by such Act or by the Health Care and Education Reconciliation Act of 2010), a health insurance issuer that has in effect health insurance coverage in the group market on any date during 2013 may continue after such date to offer such coverage for sale during and after 2014 in such market outside of an Exchange established under section 1311 or 1321 of such Act ( 42 U.S.C. 18031 , 18041). (b) Treatment as grandfathered health plan in satisfaction of minimum essential coverage Health insurance coverage described in subsection (a) shall be treated as a grandfathered health plan for purposes of the amendment made by section 1501(b) of the Patient Protection and Affordable Care Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3522ih/xml/BILLS-113hr3522ih.xml |
113-hr-3523 | I 113th CONGRESS 1st Session H. R. 3523 IN THE HOUSE OF REPRESENTATIVES November 18, 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 provide for audits of the Internal Revenue Service to ensure that employees and service contractors of the Internal Revenue Service file their Federal tax returns on time and pay Federal tax debts owed.
1. Short title This Act may be cited as the IRS Accountability Act . 2. Findings Congress finds the following: (1) The Internal Revenue Manual requires all Internal Revenue Service employees, and contract employees, to file their Federal tax returns on time and pay any Federal tax debt. (2) The Treasury Inspector General for Tax Administration reports that as of June 14, 2012, 691 of the 13,591 Internal Revenue Service contractor employees reviewed by the Treasury Inspector General for Tax Administration had $5.4 million in Federal tax debt. (3) Of the 691 contractor employees, 352 were not currently on a payment plan to resolve their tax debt. (4) The Treasury Inspector General for Tax Administration also found that while the Internal Revenue Service reviews employee tax compliance every year, the Internal Revenue Service only reviews contract employee tax compliance only once every five years or if the contract employee has had longer than a two-year break in service. 3. Tax Compliance by Internal Revenue Service employees and contractors (a) In general Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7811. Tax Compliance by Internal Revenue Service employees and contractors (a) Employee and contractor tax compliance audits Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Treasury Inspector General for Tax Administration shall conduct annual audits of employees and service contractors of the Internal Revenue Service to determine tax compliance with the following acts and omissions punishable under paragraphs (8) and (9) of section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998: (1) willful failure to file any return of tax required under the Internal Revenue Code of 1986 on or before the date prescribed therefor (including any extensions), unless such failure is due to reasonable cause and not to willful neglect, and (2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. (b) Penalty (1) Internal Revenue Service employees See section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 for provisions relating to personnel actions against employees of the Internal Revenue Service in case of misconduct. (2) Service contractor If there is a final administrative or judicial determination that a service contractor committed an act or omission described in subsection (a), then— (A) in the case of contracts entered into after the date of the enactment of this section, the employment or contract relationship (as the case may be) with the service contractor, and any individual providing services to the service contractor determined in such determination to have committed such act or omission, shall be terminated, and (B) the contractor shall be debarred for not less than 5 years, as determined by the Secretary. (c) Limitation on contract authority The Internal Revenue Service may not enter into a contract after the date of the enactment of this section for services unless the contract contains a clause under which the service contractor agrees to be subject to this section. (d) Service contractor For purposes of this section, the term service contractor means any contractor providing services to the Internal Revenue Service, including any agent of such contractor and any subcontractor of such contractor providing such services, and any employee or intern of any such contractor or subcontractor providing such services. . (b) Clerical amendment The table of sections for subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 7811. Tax Compliance by Internal Revenue Service employees and contractors. . (c) Effective date The amendments made by this section shall apply with respect to audits conducted after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3523ih/xml/BILLS-113hr3523ih.xml |
113-hr-3524 | I 113th CONGRESS 1st Session H. R. 3524 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. McKinley (for himself and Mr. Schneider ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to provide grants to States for on-the-job training programs for adults in economically disadvantaged areas.
1. Short title This Act may be cited as the Economic Recovery On-the-Job Training Act of 2013 . 2. On-the-job Training for Economically Disadvantaged Areas (a) Amendment to the Workforce Investment Act of 1998 The Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) is amended by inserting after section 173A ( 29 U.S.C. 2918a ) the following: 173B. On-the-job Training For Economically and Extremely Economically Disadvantaged Areas (a) Definitions As used in this section— (1) the term economically disadvantaged area means an area for which there is a single 5-digit postal zip code, and which includes any portion of a census tract in which the median annual household income is less than $40,000 per year; (2) the term extremely economically disadvantaged area means any area which there is a single 5-digit postal zip code, and includes any portion of a census tract in which the median household income is less than $32,000 per year; and (3) the term median household income means the median annual household income as determined by the 2010 census and as updated by the American Community Survey of the Bureau of the Census. (b) Grants (1) In general From the amounts made available under subsection (h), and subject to paragraph (2) and subsection (d), the Secretary shall make grants, on a discretionary basis, to State and local boards, for adult on-the-job training, or dislocated worker on-the-job training, carried out under section 134 and for State and local board functions described in subsection (f) within economically disadvantaged areas and extremely economically disadvantaged areas. (2) Extremely economically disadvantaged areas In making grants under this subsection for a fiscal year, the Secretary shall ensure that of the amount made available under subsection (h) for such fiscal year, the Secretary uses 25 percent more of such funds to make grants to State and local boards located within extremely economically disadvantaged areas than to such boards located within economically disadvantaged areas. (c) Application To be eligible to receive a grant under subsection (b), a State or a local board shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In preparing such an application for a grant under subsection (b), a local board shall consult with the corresponding State. (d) Reimbursement of Wage Rates Notwithstanding the limitation in section 101(31)(B), in making the grants described in subsection (b), the Secretary may allow for higher levels of reimbursement of wage rates the Secretary determines are appropriate based on factors such as— (1) employer size, in order to facilitate the participation of small- and medium-sized employers; (2) target populations, in order to enhance job creation for persons with barriers to employment; and (3) the number of employees that will participate in the on-the-job training, the wage and benefit levels of the employees (before the training and anticipated on completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the existence of other employer-provided training and advancement opportunities. (e) Administration by Secretary The Secretary may use an amount that is not more than 1 percent of the funds made available under subsection (h) for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (b), including the evaluation of, and dissemination of information on lessons learned through, the use of such funds. (f) State Oversight and Monitoring A local board that receives a grant under subsection (b) and is located in a State, shall provide not less than 5 percent of the grant funds to the State for State functions described in sections 136(f), 184, and 185. (g) Rule of Construction Nothing in this section shall be construed to affect the manner in which subtitle B is implemented, for activities funded through amounts appropriated under section 137. (h) Authorization of Appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. (i) Areas not within Census Tracts In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining median annual household income. . (b) Table of contents amendment The table of contents in section 1(b) of the Workforce Investment Act of 1998 ( 20 U.S.C. 9201 note) is amended by inserting after the item relating to section 173A the following new item: Sec. 173B. On-the-job training for economically and extremely economically disadvantaged areas. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3524ih/xml/BILLS-113hr3524ih.xml |
113-hr-3525 | I 113th CONGRESS 1st Session H. R. 3525 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to provide assistance for the treatment of hydrocephalus in children in developing countries, to train surgeons and other medical practitioners in innovative methods to treat and cure hydrocephalus, to fund related research, and for other purposes.
1. Short title This Act may be cited as the International Hydrocephalus Treatment and Training Act . 2. Findings Congress finds the following: (1) Hydrocephalus, also known as water on the brain , is a medical condition in which an abnormal accumulation of cerebrospinal fluid in the ventricles or cavities of the brain causes increased intracranial pressure inside the skull and progressive enlargement of the head. (2) If left untreated, hydrocephalus leads to physical and mental disabilities and eventually death. (3) Hydrocephalus is an extremely painful condition that most commonly occurs in infants and young children as a result of a congenital abnormality (anatomic abnormality, aqueductal stenosis, spina bifida or encephalocele), or post-infectious hydrocephalus (PIH) caused by infections acquired after birth, such as meningitis, that attack the brain. (4) PIH is the most common cause of hydrocephalus globally, accounting for approximately 60 percent of all cases. (5) Three to five out of every 1,000 newborns in developing countries are either born with hydrocephalus or acquire it due to neonatal infections in the first few months of life. (6) It is conservatively estimated that more than 300,000 children are born with or acquire hydrocephalus in the developing world each year. (7) Children with hydrocephalus who are not effectively treated or who are not treated in the early stages of the condition suffer from cognitive deficiencies or physical disabilities or both. (8) Families of children who have hydrocephalus in developing countries rarely know that it is a treatable condition, where to go for treatment, or how to care for a child suffering from the condition. (9) Many children with hydrocephalus in developing countries are abandoned, ostracized, or abused due to their appearance and physical and mental disabilities. (10) Hydrocephalus can be treated, and advances in innovative medical procedures such as ETV/CPC have the potential to save thousands of lives annually and prevent or mitigate physical and mental disabilities in thousands of children in developing countries. (11) The current standard treatment for hydrocephalus is the VP shunt which often requires up to 5 surgical revisions before a child reaches adulthood to remedy blockages in the shunt and to account for the child’s growth. Blockages can be expected during the life of the patient and can lead to death, particularly in developing countries where access to the requisite medical expertise often is not available. (12) Due to the need for multiple replacements of a VP shunt, this treatment is expensive and creates an increased burden on fragile health systems, patients, and families. (13) ETV/CPC is a shunt-less surgery for hydrocephalus that does not require a VP shunt and has been shown to be appropriate in at least two-thirds of the cases of infants with hydrocephalus. Of those cases, ETV/CPC is 93 percent effective in eliminating hydrocephalus. (14) Few hospitals with the expertise and capacity to treat hydrocephalus exist in developing countries, and the demand for treatment far exceeds the capacity of health systems in those countries. (15) Neurosurgical care for hydrocephalus in developing countries is widely unavailable due to a lack of trained neurosurgeons. In East Africa, there is only 1 neurosurgeon per 10,000,000 people. In many developing countries there are no trained neurosurgeons. (16) Hundreds of thousands of cases of hydrocephalus in children in developing countries could be successfully treated if adequate resources are devoted to training surgeons in new techniques, such as ETV/CPC, and many future cases could be prevented if adequate resources are devoted to research means to mitigate the preventable causes of hydrocephalus. (17) Adoption of innovative new techniques to treat hydrocephalus, such as ETV/CPC, are more cost effective in the long term than current treatment methods since only one surgery is required in most cases, thus limiting the impact on overburdened health systems in developing countries. 3. Assistance to treat hydrocephalus and train surgeons Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et. seq.) is amended— (1) by redesignating the second section 135 (as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2536)) as section 136; and (2) by adding at the end the following: 137. Assistance to treat hydrocephalus and train surgeons (a) Purposes The purposes of assistance authorized by this section are— (1) to ensure that life-saving treatment of hydrocephalus is an important priority of United States bilateral foreign assistance, including through promotion of innovative treatments and training of medical practitioners from the developing world in the latest treatment protocols and best practices for the treatment of hydrocephalus, including— (A) surgery and post-surgery care in developing countries; (B) the creation of a comprehensive hydrocephalus training program based in the developing world for surgeons and key members of their medical team; and (C) the training of medical practitioners based in the developing world in ETV/CPC and other appropriate treatment protocols; and (2) to promote research to reduce the incidence of PIH epidemiology, pathophysiology, and disease burden, and to improve treatment of hydrocephalus. (b) Authorization To carry out the purposes of subsection (a), the President is authorized to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries with a high incidence of hydrocephalus. (c) Activities supported (1) Comprehensive program (A) In general Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish a comprehensive program to administer global hydrocephalus treatment and training activities utilizing a network of pediatric hospitals capable of performing endoscopic surgery in developing countries. (B) Administration The program described in subparagraph (A) shall be administered by healthcare executives and neurosurgeons with expertise in the treatment of hydrocephalus. (C) Responsibilities The responsibilities of the administrators described in subparagraph (B) shall include— (i) developing an appropriate education and training curriculum; (ii) establishing quality control standards; (iii) instituting safety guidelines and standards; and (iv) developing monitoring and evaluation protocols. (2) Training hospital (A) In general Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish a surgeon training program within a pediatric hospital based in a developing country with a high incidence of hydrocephalus with the goal of training four surgeons annually and a total of 20 surgeons over a 5-year period to treat hydrocephalus utilizing the ETV/CPC technique. (B) Timeline To the maximum extent practicable, the surgeon training program described in subparagraph (A) should be operational no later than 1 year after the date of enactment of this Act. (C) Training admissions criteria Candidates for the surgeon training program established under subparagraph (A) shall— (i) have a demonstrated commitment to providing medical assistance in the developing world; and (ii) certify that the candidate intends to remain and practice medicine in the developing world following completion of the program. (D) Training program methodology The surgeon training program established under subparagraph (A) shall— (i) be conducted by a neurosurgeon with a minimum of 3 years of full-time operating experience in the developing world; (ii) be a hands-on operating room experience in the developing world; (iii) utilize a hydrocephalus treatment protocol with an emphasis on ETV/CPC as the preferred treatment when medically appropriate; and (iv) require that each trainee complete a minimum of 50 ETV/CPC or ETV procedures and at least 25 VP shunt procedures. (3) Treatment centers (A) In general Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish at least 20 hydrocephalus treatment centers located at public and private hospital in developing countries with a high incidence of hydrocephalus, which shall include treatment costs, endoscopy equipment and medical supplies necessary to provide ETV/CPC procedures to treat hydrocephalus. (B) Staffing The treatment centers described in subparagraph (A) shall be staffed by— (i) one or more surgeons who have successfully completed the surgeon training program provided pursuant to paragraph (2); and (ii) a patient care administrator. (C) Treatment The treatment centers described in subparagraph (A) shall— (i) provide surgery to treat hydrocephalus in children; (ii) perform at least 50 hydrocephalus surgeries annually including a minimum of 25 ETV or ETV/CPC surgeries; and (iii) provide post-surgery care and support for the children treated in accordance with clause (i). (4) Medical records and data Assistance provided under subsection (b) shall, to the maximum extent practicable, include the maintenance of medical records which track patient care activities and information about the causes and incidence rates of PIH. (d) Definitions In this section: (1) CPC The term CPC means choroid plexus cauterization, a surgical procedure to reduce the production of cerebrospinal fluid in the brain. (2) ETV The term ETV means endoscopic third ventriculostomy, a shunt-less surgical procedure in which an opening is created in the floor of the third ventricle of the brain allowing cerebrospinal fluid to bypass any obstruction and flow directly to the basal cisterns. (3) ETV/CPC The term ETV/CPC means the shunt-less surgical method for treating hydrocephalus through the combination of ETV and CPC surgical procedures. (4) Hydrocephalus The term hydrocephalus means a medical condition in which an abnormal accumulation of cerebrospinal fluid in the ventricles or cavities of the brain causes increased intracranial pressure inside the skull and progressive enlargement of the head. (5) Medical practitioners The term medical practitioners means physicians, nurses and other clinicians. (6) PIH The term PIH means post-infectious or acquired hydrocephalus which is the onset of hydrocephalus after birth due to the affects of an infection, such as meningitis, that has attacked the brain. (7) VP shunt The term VP shunt means a ventriculoperitonea shunt which is a plastic tube that is regulated by a valve and surgically placed in a brain ventricle that allows the cerebrospinal fluid to flow out of the brain through the tube and into the patient’s abdomen. (e) Authorization of appropriations Of the amounts made available to carry out this chapter for child survival and maternal health programs, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3525ih/xml/BILLS-113hr3525ih.xml |
113-hr-3526 | I 113th CONGRESS 1st Session H. R. 3526 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To permit persons subject to the jurisdiction of the United States to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations, and for other purposes.
1. Short title This Act may be cited as the Humanitarian Assistance Facilitation Act of 2013 . 2. Findings Congress finds the following: (1) The 2011–2012 drought in East Africa, part of a persistent weather trend in the region, was exacerbated by stagnating agricultural development and unsustainable forms of livelihood. Moreover, in Somalia, the hardest hit country in the region, the terrorist group al-Shabaab obstructed the delivery of humanitarian assistance and directly threatened aid agencies. Thus, the famine was a foreseeable and, with unimpeded delivery of aid, a preventable event. (2) It is estimated that 4 million Somalis were affected by the drought and famine in the region and several million remain vulnerable to this day. According to the May 2013 report issued by the United Nations Food and Agriculture Organization and the Famine Early Warning System Network, the Somalia famine resulted in 258,000 deaths between October 2010 and April 2012. More than half of those deaths were children under the age of five. (3) Because of laws prohibiting activities that may directly or indirectly support terrorist organizations, a general or specific license issued by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) is needed to enable United States humanitarian organizations to legally provide assistance in al-Shabaab-controlled areas of Somalia particularly with respect to activities that require interactions or dealings with al-Shabaab. (4) The United States Agency for International Development (USAID) has an OFAC-specific license to operate in these conditions in Somalia that covers the organizations that USAID funds, but not organizations that operate with their own funding or funding solely from non-United States Government sources, and also not the non-United States Government funding of organizations that operate with both United States Government and non-United States Government funding, unless USAID authorizes both types of funding to be covered under such OFAC-specific license. Organizations that operate in al-Shabaab-controlled areas without such a license can be subject to prosecution for violating United States law, at least with respect to activities or transactions that involve al-Shabaab, even incidentally. (5) Prior to OFAC issuing USAID its license, no licenses for humanitarian assistance to the people of Somalia were issued before the United Nations declared a famine in al-Shabaab-controlled areas of Somalia. (6) In pursuit of eliminating aid in any form to terrorist organizations, Executive orders have had the effect of undoing protections for humanitarian operations in areas controlled by such organizations previously contained in the International Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and sections 2339A and 2339B of title 18, United States Code (commonly known as the ‘‘Material Support Statutes’’). Furthermore, the prohibitions contained in such Executive orders and the Material Support Statutes discouraged and, in some instances, prohibited donors from contributing to aid efforts for all of Somalia. In some cases, the unintended consequences included preventing humanitarian organizations from establishing access to civilians and providing them with life-saving aid, while empowering terrorist organizations that became the sole conduit of aid. 3. Sense of Congress It is the sense of Congress that humanitarian organizations, acting in good faith and with the appropriate restrictions and controls in place, should not be prevented, directly or indirectly by Executive orders or counterterrorism laws, from accessing and providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. 4. Amendments to section 203 of the International Emergency Economic Powers Act (a) Additional exception (1) In general Section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ) is amended— (A) in subsection (b)(2)— (i) by inserting after to relieve human suffering the following: including donations to foreign persons subject to sanctions under this Act in order to achieve such purposes, ; and (ii) by striking or at the end; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following: (c) Additional exception (1) In general The authority granted to the President by this section does not include the authority to further restrict, by regulation or otherwise, directly or indirectly— (A) transactions, by a person subject to the jurisdiction of the United States, with a foreign person that is subject to sanctions under this Act that are customary, necessary, and incidental to the donation or provision of goods or services by the person subject to the jurisdiction of the United States or its foreign representatives to civilian populations to prevent or alleviate the suffering of such civilian populations, if— (i) the person subject to the jurisdiction of the United States has acted in good faith without intent to further the aims or objectives of the foreign person and has used its best efforts to minimize any such transactions; (ii) the goods or services provided to the civilian population— (I) are limited to articles such as food, clothing, and medicine; and (II) are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) )); (iii) the person subject to the jurisdiction of the United States— (I) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in this subparagraph, provides to the Secretary of State initial notice summarizing the nature and extent of its operations in connection with providing such goods or services; and (II) at least once each year during which the person enters into any transaction described in this subparagraph, provides to the Secretary of State subsequent notice summarizing the nature and extent of its operations in connection with donating or providing such goods or services; and (iv) the person, including any director, officer, or employee of the person, is not the subject of or directly named in any publicly-available debarment, suspension, or Executive order that prohibits receipt of funding from the United States Government; and (B) engaging in any speech or communication with a foreign person that is subject to sanctions under this Act to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population. (2) Rule of construction Nothing contained in paragraph (1) shall be construed to authorize the President to prohibit the export of standard, commercially-available goods or services, including communications equipment, software and computers, that are necessary to carry out operations related to the provision of goods or services to prevent or alleviate the suffering of civilian populations that are under the control of a foreign person subject to sanctions under this Act. . (2) Effective date The amendments made by paragraph (1) take effect on the date of enactment of this Act and apply with respect to transactions described in section 203(c)(1) of the International Emergency Economic Powers Act, as added by paragraph (1), entered into on or after such date of enactment. (b) Advisory Council To Prevent and Alleviate Human Suffering in Areas Under the Control of Certain Sanctioned Foreign Persons Section 203 of the International Emergency Economic Powers Act (50 U.S.C.1702), as amended by subsection (a) of this section, is further amended by adding at the end the following: (e) Advisory Council To Prevent and Respond to Human Suffering in Areas Affected by Certain Sanctioned Foreign Persons (1) Establishment No later than 90 days after the date of enactment of the Humanitarian Assistance Facilitation Act of 2013, the Secretary of State shall, in consultation with the Attorney General, Secretary of Defense, Secretary of the Treasury and the Secretary of Commerce, establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons (hereafter in this subsection referred to as the Advisory Council ). (2) Membership The Advisory Council shall be composed of not less than 15 members appointed by the Secretary of State from among individuals who are experts in the fields of peace-building, humanitarian aid in areas of armed conflict, representatives from organizations directly involved in the delivery of aid in areas of armed conflict, and other experts with relevant expertise as determined by the Secretary of State. (3) Duties The Advisory Council shall— (A) review existing laws, regulations, Executive orders, and administrative actions regulating or prohibiting, directly or indirectly, peacebuilding activities and the provision of humanitarian aid and development assistance in areas under the control of foreign persons that are subject to sanctions under United States law; (B) conduct additional research and study as necessary on the subjects of counter-terrorism and security measures in relation to the delivery of humanitarian aid and development assistance; (C) report to the Secretary of State on its findings; and (D) make recommendations to the Secretary of State and other officials described in paragraph (1) (as appropriate) on the most efficient and effective means of limiting diversion of humanitarian aid and development assistance while also preserving the impartiality of humanitarian aid and development assistance and the ability of humanitarian organizations to prevent and relieve human suffering of civilian populations. (4) Termination Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to termination of advisory committees) shall not apply to the Advisory Council. . 5. Amendments to section 2339B of title 18, United States Code (a) Definition of material support or resources Section 2339B(g)(4) of title 18, United States Code, is amended by adding at the end before the semicolon the following: , except that such term does not include engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population . (b) Additional exception Section 2339B(j) of title 18, United States Code, is amended— (1) by striking No person and inserting the following: (1) In general No person ; and (2) by adding at the end the following: (2) Additional exception No person may be prosecuted under this section in connection with knowingly providing material support or resources to a foreign terrorist organization, or attempting or conspiring to do so, if— (A) the material support or resources consists only of transactions that are customary, necessary, and incidental to the donation or provision of goods or services by persons who are not controlled by the foreign terrorist organization to civilian populations, if— (i) the goods or services are limited articles such as food, clothing, and medicine intended to be used to relieve human suffering; and (ii) the goods or services are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(iii) )); (B) the person, in donating or providing such goods or services to the civilian population, acts in good faith without intent to further the aims or objectives of the foreign terrorist organization and uses its best efforts to minimize any transaction with a foreign terrorist organization; (C) the person— (i) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and (ii) at least once each year during which the person enters into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and (D) the person donating or providing such goods or services, including any director, officer, or employee of the person is not the subject of or directly named in any publicly-available debarment, suspension, or Executive order that prohibits receipt of funding from the Federal Government. . (3) Effective date The amendments made by paragraphs (1) and (2) take effect on the date of enactment of this Act and apply with respect to transactions described in section 2339B(j)(2) of title 18, United States Code, as added by paragraph (2), entered into on or after such date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-113hr3526ih/xml/BILLS-113hr3526ih.xml |
113-hr-3527 | I 113th CONGRESS 1st Session H. R. 3527 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Terry (for himself, Mr. Engel , Mr. Matheson , Mr. Roskam , and Mr. King of Iowa ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to reauthorize the poison center national toll-free number, national media campaign, and grant program, and for other purposes.
1. Short title This Act may be cited as the Poison Center Network Act . 2. Reauthorization of poison control centers national toll-free number Section 1271 of the Public Health Service Act ( 42 U.S.C. 300d–71 ) is amended by striking subsection (b) and inserting the following: (b) Authorization of appropriations There is authorized to be appropriated to carry out this section, $700,000 for each of fiscal years 2015 through 2019 for the maintenance of the nationwide toll free phone number under subsection (a). . 3. Reauthorization of nationwide media campaign to promote poison control center utilization Section 1272 of the Public Health Service Act ( 42 U.S.C. 300d–72 ) is amended by striking subsection (d) and inserting the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $800,000 for each of fiscal years 2015 through 2019. . 4. Reauthorization of the poison control center grant program (a) In general Section 1273 of the Public Health Service Act ( 42 U.S.C. 300d–73 ) is amended— (1) in subsection (a)— (A) by striking certified and inserting accredited ; and (B) by striking certification and inserting accreditation ; (2) in subsection (b)— (A) in paragraph (1), by striking establish and inserting research, establish, implement ; (B) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); (C) by inserting after paragraph (3), the following: (4) to research, improve, and enhance the communications and response capability and capacity of the nation’s network of poison control centers to facilitate increased access to the Centers through the integration and modernization of the current poison control centers communications and data system, including enhancing the network’s telephony, Internet, data and social networking technologies; ; (D) in paragraph (6) (as so redesignated), by striking paragraph (4) and inserting paragraph (5) ; and (E) in paragraph (8) (as so redesignated), by striking and respond and inserting and Internet communications, and to sustain and enhance the poison control center’s network capability to respond ; (3) in subsection (c)— (A) in the subsection heading, by striking Certification and inserting Accreditation ; (B) by striking certified each place that such term appears and inserting accredited ; and (C) by striking certification each place that such term appears and inserting accreditation ; (4) in subsection (d)— (A) in the subsection heading, by striking Certification and inserting Accreditation ; (B) in paragraph (1)— (i) by striking the certification and inserting the accreditation ; (ii) by striking a noncertified and inserting a nonaccredited ; and (iii) by striking a certification and inserting an accreditation ; and (C) in paragraph (3)— (i) by striking the last sentence; and (ii) by striking exceed 5 years. and inserting the following “exceed— (A) 5 years; or (B) in the case of a nonaccredited poison control center operating pursuant to a waiver under this subsection as of October 1, 2014, 6 years. ; (5) in subsection (f), by striking for activities of the center and inserting for its activities ; and (6) by striking subsection (g) and inserting the following: (g) Authorization of appropriations There is authorized to be appropriated to carry out this section, $28,600,000 for each of fiscal years 2015 through 2019. The Secretary may utilize an amount not to exceed 6 percent of the amount appropriated under this preceding sentence in each fiscal year for coordination, dissemination, technical assistance, program evaluation, data activities, and other program administration functions, which are determined by the Secretary to be appropriate for carrying out the program under this section. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made on or after October 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3527ih/xml/BILLS-113hr3527ih.xml |
113-hr-3528 | I 113th CONGRESS 1st Session H. R. 3528 IN THE HOUSE OF REPRESENTATIVES November 18, 2013 Mr. Whitfield (for himself and Mr. Pallone ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act.
1. Short title This Act may be cited as the National All Schedules Prescription Electronic Reporting Reauthorization Act of 2013 . 2. Amendment to purpose Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 ( Public Law 109–60 ) is amended to read as follows: (1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that— (A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and (B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and . 3. Amendments to controlled substance monitoring program Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking or ; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (C) to maintain and operate an existing State-controlled substance monitoring program. ; (2) by amending subsection (b) to read as follows: (b) Minimum requirements The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A). ; (3) in subsection (c)— (A) in paragraph (1)(B)— (i) in the matter preceding clause (i), by striking (a)(1)(B) and inserting (a)(1)(B) or (a)(1)(C) ; (ii) in clause (i), by striking program to be improved and inserting program to be improved or maintained ; and (iii) in clause (iv), by striking public health and inserting public health or public safety ; (B) in paragraph (3)— (i) by striking If a State that submits and inserting the following: (A) In general If a State that submits ; (ii) by inserting before the period at the end and include timelines for full implementation of such interoperability ; and (iii) by adding at the end the following: (B) Monitoring of efforts The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A). ; (C) in paragraph (5)— (i) by striking implement or improve and inserting establish, improve, or maintain ; and (ii) by adding at the end the following: The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B). ; (4) in the matter preceding paragraph (1) in subsection (d), by striking In implementing or improving and all that follows through (a)(1)(B) and inserting In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1) ; (5) in subsections (e), (f)(1), and (g), by striking implementing or improving each place it appears and inserting establishing, improving, or maintaining ; (6) in subsection (f)— (A) in paragraph (1)(B) by striking misuse of a schedule II, III, or IV substance and inserting misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act ; and (B) by adding at the end the following: (3) Evaluation and reporting Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary— (A) to evaluate the success of the State’s program in achieving its purposes; or (B) to prepare and submit the report to Congress required by subsection (k)(2). (4) Research by other entities A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes. ; (7) by redesignating subsections (h) through (n) as subsections (i) through (o), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) each place it appears and inserting subsection (i) ; (9) by inserting after subsection (g) the following: (h) Education and access to the monitoring system A State receiving a grant under subsection (a) shall take steps to— (1) facilitate prescriber use of the State’s controlled substance monitoring system; and (2) educate prescribers on the benefits of the system both to them and society. ; (10) by amending subsection (l), as redesignated, to read as follows: (l) Preference Beginning 3 years after the date on which funds are first appropriated to carry out this section, the Secretary, in awarding any competitive grant under title V that is related to drug abuse (as determined by the Secretary) and for which only States or tribes are eligible to apply, may give preference to eligible States with applications approved under this section, to eligible States or tribes with existing controlled substance monitoring programs that meet minimum requirements under this section, or to eligible States or tribes that put forth a good faith effort to meet those requirements (as determined by the Secretary). ; (11) in subsection (m)(1), as redesignated, by striking establishment, implementation, or improvement and inserting establishment, improvement, or maintenance ; (12) in subsection (n)(8), as redesignated, by striking and the District of Columbia and inserting , the District of Columbia, and any commonwealth or territory of the United States ; and (13) by amending subsection (o), as redesignated, to read as follows: (o) Authorization of appropriations To carry out this section, there are authorized to be appropriated $7,000,000 for each of fiscal years 2014 through 2018. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3528ih/xml/BILLS-113hr3528ih.xml |
113-hr-3529 | I 113th CONGRESS 1st Session H. R. 3529 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Meadows (for himself, Mrs. Capito , Mr. Murphy of Florida , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide exemptions from certain mortgage, servicing, and appraisal requirements for non-profit low-income housing providers, and for other purposes.
1. Short title This Act may be cited as the Protecting Habitat Homeownership Act . 2. Exemptions (a) Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 128(f) ( 15 U.S.C. 1638(f) )— (A) in paragraph (3)— (i) by striking apply to any fixed rate and inserting the following: apply to— (A) any fixed rate ; (ii) by striking the period and inserting ; or ; and (iii) by adding at the end the following: (B) any residential mortgage loan originated by a non-profit low-income housing provider. ; and (B) by adding at the end the following: (4) Non-profit low-income housing provider defined For purposes of this subsection, the term non-profit low-income housing provider means an organization that— (A) is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986; (B) makes residential mortgage loans— (i) for the purpose of promoting or facilitating homeownership for poor or low-income, disabled, or other disadvantaged persons or families; and (ii) sets interest rates on such loans that— (I) are lower than the bank prime loan rate, as determined under the Federal Reserve Statistical Release of selected interest rates (commonly referred to as the H.15) by the Board of Governors of the Federal Reserve System, for the last day of the most recent weekly release of such rates; or (II) are, after adjusting for inflation, no-interest loans or loans with interest rates significantly below the interest rates for loans for purchase of single-family housing generally available in the market; (C) except as described under subparagraph (B), does not engage in the business of a loan originator or mortgage broker; (D) conducts its activities in a manner that serves public or charitable purposes; (E) receives funding and revenue and charges fees in a manner that does not incentivize the organization or its employees to act other than in the best interests of its clients; (F) compensates employees in a manner that does not incentivize employees to act other than in the best interests of its clients; and (G) meets such other requirements as the Bureau determines appropriate. . (2) in section 129C(a) ( 15 U.S.C. 1639c(a) ), by adding at the end the following: (10) Exemption for non-profit low-income housing providers This subsection shall not apply to a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4)). ; (3) in section 129E ( 15 U.S.C. 1638e ), by adding at the end the following: (l) Exemption for non-Profit low-Income housing providers This section shall not apply to a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4)), or any services provided with respect to such a mortgage loan. ; and (4) in section 129H ( 15 U.S.C. 1638h ), by adding at the end the following: (g) Exemption for non-Profit low-Income housing providers This section shall not apply to a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4)). . (b) Real Estate Settlement Procedures Act of 1974 Section 6(k) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605(k) ) is amended by adding at the end the following: (3) Exemption for non-profit low-income housing providers This subsection and subsections (l) and (m) shall not apply to the servicing of a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4) of the Truth in Lending Act). . | https://www.govinfo.gov/content/pkg/BILLS-113hr3529ih/xml/BILLS-113hr3529ih.xml |
113-hr-3530 | I 113th CONGRESS 1st Session H. R. 3530 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Poe of Texas (for himself, Mrs. Carolyn B. Maloney of New York , Mr. Nolan , Mrs. Miller of Michigan , and Ms. Granger ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide justice for the victims of trafficking.
1. Short title This Act may be cited as the Justice for Victims of Trafficking Act of 2013 . 2. Domestic trafficking victims' fund (a) In general Chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3014. Additional special assessment (a) In addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any person or entity convicted of an offense under— (1) chapter 77 (relating to peonage, slavery, and trafficking in persons); (2) chapter 109A (relating to sexual abuse); (3) chapter 110 (relating to sexual exploitation and other abuse of children); (4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or (5) section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (b) An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines and orders of restitution arising from the criminal convictions on which the special assessment is based. (c) There is established in the Treasury of the United States a fund, to be known as the Domestic Trafficking Victims' Fund (referred to in this section as the Fund ), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services. (d) Notwithstanding section 3302 of title 31, United States Code, or any other law regarding the crediting of money received for the Government, there shall be deposited in the Fund an amount equal to the amount of the assessments collected under this section, which shall remain available until expended. (e) (1) From amounts in the Fund, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2015 through 2019, use amounts available in the Fund to award grants or enhance victims' programming under— (A) sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 42 U.S.C. 14044a , 14044b, and 14044c); (B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 ); and (C) section 214(b) of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13002(b) ). (2) Of the amounts in the Fund used under paragraph (1), not less than $2,000,000 shall be used for grants to provide services for child pornography victims under section 214(b) of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13002(b) ). (f) (1) Effective on the day after the date of enactment of the Justice for Victims of Trafficking Act of 2013 , on September 30 of each fiscal year, all unobligated balances in the Fund shall be transferred to the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601 ). (2) Amounts transferred under paragraph (1)— (A) shall be available for any authorized purpose of the Crime Victims Fund; and (B) shall remain available until expended. (g) The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases. (h) The obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2013 shall not cease until the assessment is paid in full. . (b) Technical and conforming amendment The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3013 the following: 3014. Additional special assessment. . 3. Official recognition of American victims of human trafficking Section 107(f) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 ) is amended by adding at the end the following: (4) Official recognition of american victims of human trafficking (A) In general Upon receiving credible information that establishes by a preponderance of the evidence that a covered individual is a victim of a severe form of trafficking and at the request of the covered individual, the Secretary of Health and Human Services shall promptly issue a determination that the covered individual is a victim of a severe form of trafficking. The Secretary shall have exclusive authority to make such a determination. (B) Covered individual defined In this subsection, the term covered individual means— (i) a citizen of the United States; or (ii) an alien lawfully admitted for permanent residence (as that term is defined in section 101(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(20) )). (C) Procedure For purposes of this paragraph, in determining whether a covered individual has provided credible information that the covered individual is a victim of a severe form of trafficking, the Secretary of Health and Human Services shall consider all relevant and credible evidence, and if appropriate, consult with the Attorney General, the Secretary of Homeland Security, or the Secretary of Labor. (D) Presumptive evidence For purposes of this paragraph, the following forms of evidence shall receive deference in determining whether a covered individual has established that the covered individual is a victim of a severe form of trafficking: (i) A sworn statement by the covered individual or a representative of the covered individual if the covered individual is present at the time of such statement but not able to competently make such sworn statement. (ii) Police, government agency, or court records or files. (iii) Documentation from a social services, trafficking, or domestic violence program, child welfare or runaway and homeless youth program, or a legal, clinical, medical, or other professional from whom the covered individual has sought assistance in dealing with the crime. (iv) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim. (v) Physical evidence. (E) Regulations required Not later than 180 days after the date of enactment of the Justice for Victims of Trafficking Act of 2013, the Secretary of Health and Human Services shall adopt regulations to implement this paragraph. (F) Rule of construction; official recognition optional Nothing in this paragraph shall be construed to require a covered individual to obtain a determination under this paragraph in order to be defined or classified as a victim of a severe form of trafficking under this section. . 4. Victim-centered sex trafficking deterrence block grant program Section 203 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 42 U.S.C. 14044b ) is amended to read as follows: 203. Victim-centered child human trafficking deterrence block grant program (a) Grants authorized The Attorney General may make block grants to an eligible entity to develop, improve, or expand comprehensive domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims' services organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking. (b) Authorized activities Grants awarded under subsection (a) may be used for— (1) the establishment or enhancement of specialized training programs for law enforcement officers, first responders, health care officials, child welfare officials, juvenile justice personnel, prosecutors, and judicial personnel to— (A) identify victims and acts of child human trafficking; (B) address the unique needs of child victims of human trafficking; (C) facilitate the rescue of child victims of human trafficking; (D) investigate and prosecute acts of human trafficking, including the soliciting, patronizing, or purchasing of commercial sex acts from children, as well as training to build cases against complex criminal networks involved in child human trafficking; (E) use laws that prohibit acts of child human trafficking, child sexual abuse, and child rape, and to assist in the development of State and local laws to prohibit, investigate, and prosecute acts of child human trafficking; and (F) implement and provide education on safe harbor laws enacted by States, aimed at preventing the criminalization and prosecution of child sex trafficking victims for prostitution offenses; (2) the establishment or enhancement of dedicated anti-trafficking law enforcement units and task forces to investigate child human trafficking offenses and to rescue victims, including— (A) funding salaries, in whole or in part, for law enforcement officers, including patrol officers, detectives, and investigators, except that the percentage of the salary of the law enforcement officer paid for by funds from a grant awarded under this section shall not be more than the percentage of the officer’s time on duty that is dedicated to working on cases involving child human trafficking; (B) investigation expenses for cases involving child human trafficking, including— (i) wire taps; (ii) consultants with expertise specific to cases involving child human trafficking; (iii) travel; and (iv) other technical assistance expenditures; (C) dedicated anti-trafficking prosecution units, including the funding of salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of child human trafficking offenders, except that the percentage of the total salary of a State or local prosecutor that is paid using an award under this section shall be not more than the percentage of the total number of hours worked by the prosecutor that is spent working on cases involving child human trafficking; and (D) the establishment of child human trafficking victim witness safety, assistance, and relocation programs that encourage cooperation with law enforcement investigations of crimes of child human trafficking by leveraging existing resources and delivering child human trafficking victims’ services through coordination with— (i) child advocacy centers; (ii) social service agencies; (iii) State governmental health service agencies; (iv) housing agencies; (v) legal services agencies; and (vi) non-governmental organizations and shelter service providers with substantial experience in delivering comprehensive services to victims of child human trafficking; and (3) the establishment or enhancement of problem solving court programs for trafficking victims that include— (A) mandatory and regular training requirements for judicial officials involved in the administration or operation of the court program described under this paragraph; (B) continuing judicial supervision of victims of child human trafficking who have been identified by a law enforcement or judicial officer as a potential victim of child human trafficking, regardless of whether the victim has been charged with a crime related to human trafficking; (C) the development of a specialized and individualized, court-ordered treatment program for identified victims of child human trafficking, including— (i) State-administered outpatient treatment; (ii) life skills training; (iii) housing placement; (iv) vocational training; (v) education; (vi) family support services; and (vii) job placement; (D) centralized case management involving the consolidation of all of each child human trafficking victim’s cases and offenses, and the coordination of all trafficking victim treatment programs and social services; (E) regular and mandatory court appearances by the victim during the duration of the treatment program for purposes of ensuring compliance and effectiveness; (F) the ultimate dismissal of relevant non-violent criminal charges against the victim, where such victim successfully complies with the terms of the court-ordered treatment program; and (G) collaborative efforts with child advocacy centers, child welfare agencies, shelters, and non-governmental organizations to provide comprehensive services to victims and encourage cooperation with law enforcement. (c) Application (1) In general An eligible entity shall submit an application to the Attorney General for a grant under this section in such form and manner as the Attorney General may require. (2) Required information An application submitted under this subsection shall— (A) describe the activities for which assistance under this section is sought; (B) include a detailed plan for the use of funds awarded under the grant; and (C) provide such additional information and assurances as the Attorney General determines to be necessary to ensure compliance with the requirements of this section. (3) Preference In reviewing applications submitted in accordance with paragraphs (1) and (2), the Attorney General shall give preference to grant applications if— (A) the application includes a plan to use awarded funds to engage in all activities described under paragraphs (1) through (3) of subsection (b); or (B) the application includes a plan by the State or unit of local government to continue funding of all activities funded by the award after the expiration of the award. (d) Duration and renewal of award (1) In general A grant under this section shall expire 1 year after the date of award of the grant. (2) Renewal A grant under this section shall be renewable not more than 3 times and for a period of not greater than 1 year. (e) Evaluation The Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues related to child human trafficking and evaluation of grant programs to conduct an annual evaluation of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under this section. (f) Mandatory exclusion An eligible entity awarded funds under this section that is found to have used grant funds for any unauthorized expenditure or otherwise unallowable cost shall not be eligible for any grant funds awarded under the block grant for 2 fiscal years following the year in which the unauthorized expenditure or unallowable cost is reported. (g) Compliance Requirement An eligible entity shall not be eligible to receive a grant under this section if within the 5 fiscal years before submitting an application for a grant under this section, the grantee has been found to have violated the terms or conditions of a Government grant program by utilizing grant funds for unauthorized expenditures or otherwise unallowable costs. (h) Administrative Cap The cost of administering the grants authorized by this section shall not exceed 3 percent of the total amount appropriated to carry out this section. (i) Federal share The Federal share of the cost of a program funded by a grant awarded under this section shall be— (1) 70 percent in the first year; (2) 60 percent in the second year; and (3) 50 percent in the third year. (j) Authorization of funding; fully offset For purposes of carrying out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, is authorized to award not more than $7,000,000 of the funds available in the Domestic Trafficking Victims’ Fund, established under section 3014 of title 18, United States Code, for each of fiscal years 2015 through 2019. (k) Definitions In this section— (1) the term child means a person under the age of 18; (2) the term child advocacy center means a center created under subtitle A of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. ); (3) the term child human trafficking means 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) involving a victim who is a child; and (4) the term eligible entity means a State or unit of local government that— (A) has significant criminal activity involving child human trafficking; (B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing child human trafficking; (C) has developed a workable, multi-disciplinary plan to combat child human trafficking, including— (i) the establishment of a shelter for victims of child human trafficking, through existing or new facilities; (ii) the provision of trauma-informed, gender-responsive rehabilitative care to victims of child human trafficking; (iii) the provision of specialized training for law enforcement officers and social service providers for all forms of human trafficking, with a focus on domestic child human trafficking; (iv) prevention, deterrence, and prosecution of offenses involving child human trafficking, including soliciting, patronizing, or purchasing human acts with children; (v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; (vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or child, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and (vii) cooperation or referral agreements with State child welfare agencies and child advocacy centers; (D) has a victim certification process for eligibility and access to State-administered medical care to ensure that minor victims of human trafficking who are not eligible for interim assistance under section 107(b)(1)(F) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(1)(F) ) are granted eligibility for, and have access to, State-administered medical care immediately upon certification as such a victim, or as soon as practicable thereafter but not later than the period determined by the Assistant Attorney General in consultation with the Assistant Secretary for Children and Families of the Department; and (E) provides an assurance that, under the plan under subparagraph (C), a victim of child human trafficking shall not be required to collaborate with law enforcement officers to have access to any shelter or services provided with a grant under this section. (l) Grant accountability; specialized victims’ service requirement No grant funds under this section may be awarded or transferred to any entity unless such entity has demonstrated substantial experience providing services to victims of human trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of human trafficking victims. . 5. Direct services for victims of child pornography The Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. ) is amended— (1) in section 212(5) ( 42 U.S.C. 13001a(5) ), by inserting , including human trafficking and the production of child pornography before the semicolon at the end; and (2) in section 214 ( 42 U.S.C. 13002 )— (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (B) by inserting after subsection (a) the following: (b) Direct services for victims of child pornography The Administrator, in coordination with the Director and with the Director of the Office of Victims of Crime, may make grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography. . 6. Increasing restitution for trafficking victims (a) Title 18 amendments Section 1594 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) by striking that was used or and inserting that was involved in, used, or ; (ii) by inserting or any property traceable to such property after such violation ; and (iii) in paragraph (2), by inserting , or any property traceable to such property after such violation ; and (B) in subsection (e)(1)(A)— (i) by striking Any property, real or personal, used or and inserting Any property, real or personal, involved in, used, or ; and (ii) by inserting , or any property traceable to such property after any violation of this chapter ; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following: (f) Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter. Such transfers shall have priority over any other claims to the assets or their proceeds. . (b) Title 28 amendment Section 524(c)(1)(B) of title 28, United States Code, is amended by inserting chapter 77 of title 18, after criminal drug laws of the United States or of . (c) Title 31 amendment Section 9703(a)(2)(B) of title 31, United States Code (relating to the Department of the Treasury Forfeiture Fund), is amended— (1) in clause (iii)(III), by striking and at the end; (2) in clause (iv), by striking the period at the end and inserting ; and ; and (3) by inserting after clause (iv) the following: (v) the United States Immigration and Customs Enforcement with respect to a violation of chapter 77 of title 18 (relating to human trafficking). . 7. Streamlining State and local human trafficking investigations Section 2516(2) of title 18, United States Code, is amended by inserting human trafficking, child sexual exploitation, child pornography production, after kidnapping, . 8. Fighting complex criminal enterprises engaged in human trafficking (a) In general Chapter 96 of title 18, United States Code, is amended by adding at the end the following: 1969. Aggravated human trafficking racketeering (a) Definitions In this section— (1) the term aggravated human-trafficking racketeering activity means any activity that— (A) is a racketeering activity (as defined in section 1961(1)); and (B) includes— (i) any act or threat involving murder, kidnapping, human trafficking, sexual exploitation, coerced prostitution, or the production of child pornography, which is chargeable under State law and punishable by imprisonment for more than 1 year (as amended or revised as of the date on which the activity occurred or, in the instance of a continuing offense, the date on which the charges under this section are filed in a particular matter); or (ii) any act that is indictable under (as amended or revised as of the date on which the activity occurred or, in the instance of a continuing offense, the date on which charges under this section are filed in a particular matter)— (I) sections 1581 through 1592 (relating to peonage, slavery, and trafficking in persons); (II) section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire); (III) section 1959 (relating to violent crimes in aid of racketeering); (IV) section 2251, 2251A, 2252, or 2260 (relating to sexual exploitation of children); or (V) sections 2421 through 2424 (relating to slave traffic); and (2) the term enterprise has the meaning given the term in section 1961. (b) Prohibited activities It shall be unlawful for any person to participate, directly or indirectly, in or relating to the affairs of any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, if— (1) (A) such participation within the enterprise includes committing or causing to be committed 2 or more acts of aggravated human-trafficking racketeering activity in or relating to the affairs of the enterprise; or (B) such participation within the enterprise includes any act of participation with the intention that some known or unknown participant or participants within the enterprise would commit, or would cause to be committed, individually or collectively, 2 or more acts of aggravated human-trafficking racketeering activity in or relating to the affairs of the enterprise. (c) Conspiracy It shall be unlawful for any person to conspire to violate subsection (b). (d) Criminal penalties (1) In general Whoever violates this section shall be punished in accordance with section 1963. (2) Clarification of punishable offenses Any person prosecuted under this section may be both convicted and sentenced in any court of competent jurisdiction for any combination of the following: (A) The offense of conspiring to violate this section, and for any other particular offense or offenses that may be an object of the conspiracy. (B) Any violation of this section. (C) Any aggravated human-trafficking racketeering activity. . (b) Penalties Section 1963 of title 18, United States Code, is amended by inserting or section 1969 after section 1962 each place it appears. (c) Violent crimes in aid of racketeering Section 1959 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by inserting or aggravated human-trafficking racketeering activity before , or for the purpose ; and (B) by striking murders, kidnaps, maims and inserting aggravated human trafficking racketeering activity, murders, kidnaps, human trafficking, sexual exploitation, coerced prostitution, maims ; and (2) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as redesignated, the following: (1) aggravated human-trafficking racketeering activity has the meaning given the term in section 1969; . (d) Table of sections The table of sections for chapter 96 of title 18, United States Code, is amended by inserting after the item relating to section 1968 the following: 1969. Aggravated human trafficking racketeering. . 9. Enhancing human trafficking reporting (a) In general Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) is amended by adding at the end the following: (i) Part 1 violent crimes To include human trafficking For purposes of this section, the term part 1 violent crimes shall include severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). . (b) Crime Control Act amendments Section 3702 of the Crime Control Act of 1990 ( 42 U.S.C. 5780 ) is amended— (1) in paragraph (2), by striking and at the end; and (2) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (3) ; (B) in subparagraph (A), by inserting and a photograph taken within the previous 180 days after dental records ; (C) in subparagraph (B), by striking and at the end; (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . 10. Reducing demand for sex trafficking (a) In general Section 1591 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking or maintains and inserting maintains, patronizes, or solicits ; (2) in subsection (b)— (A) in paragraph (1), by striking or obtained and inserting obtained, patronized, or solicited ; and (B) in paragraph (2), by striking or obtained and inserting obtained, patronized, or solicited ; and (3) in subsection (c)— (A) by striking or maintained and inserting , maintained, patronized, or solicited ; and (B) by striking knew that the person and inserting knew, or recklessly disregarded the fact, that the person . (b) Definition amended Section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) ) is amended by striking or obtaining and inserting obtaining, patronizing, or soliciting . 11. Using existing task forces to target offenders who exploit children Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex. 12. Enhanced penalties for human trafficking, child exploitation, and repeat offenders Part 1 of title 18, United States Code, is amended— (1) in chapter 77— (A) in section 1583(a), in the flush text following paragraph (3), by striking not more than 20 years and inserting not more than 30 years ; (B) in section 1587, by striking four years and inserting 10 years ; and (C) in section 1591(d), by striking 20 years and inserting 25 years ; and (2) in section 2426(a), by striking twice and inserting 3 times . 13. Holding sex traffickers accountable Section 2423(g) of title 18, United States Code, is amended by striking a preponderance of the evidence and inserting clear and convincing evidence . 14. Combating sex tourism Section 2423 of title 18, United States Code is amended— (1) in subsection (b), by striking for the purpose and inserting with a motivating purpose of ; and (2) in subsection (d), by striking for the purpose of engaging and inserting with a motivating purpose of engaging . 15. Grant Accountability (a) Definition In this section, the term covered grant means a grant awarded by the Attorney General under section 203 of the Trafficking Victims Protection Reauthorization Act ( 42 U.S.C. 14044b ). (b) Accountability All covered grants shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued. (B) Requirement Beginning in the first fiscal year beginning after the date of enactment of this Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of covered grants to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of a covered grant that is found to have an unresolved audit finding shall not be eligible to receive a covered grant during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding covered grants, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a covered grant. (E) Reimbursement If an entity is awarded a covered grant during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and covered grants, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition The Attorney General may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this Act or an Act amended by this Act, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Justice, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy (as designated by the Deputy Attorney General) provides prior written authorization that the funds may be expended to host the conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after the date of enactment of this Act, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether— (A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (B) all mandatory exclusions required under paragraph (1)(C) have been issued; (C) all reimbursements required under paragraph (1)(E) have been made; and (D) includes a list of any grant recipients excluded under paragraph (1) from the previous year. | https://www.govinfo.gov/content/pkg/BILLS-113hr3530ih/xml/BILLS-113hr3530ih.xml |
113-hr-3531 | I 113th CONGRESS 1st Session H. R. 3531 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Renacci (for himself, Mr. Price of Georgia , Mr. Webster of Florida , Mr. Kelly of Pennsylvania , Mr. Stivers , Mr. Carney , Mr. Barber , Ms. Fudge , Mr. Bucshon , and Mr. Kilmer ) 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 eliminate the 3-day prior hospitalization requirement for Medicare coverage of skilled nursing facility services in qualified skilled nursing facilities, and for other purposes.
1. Short title This Act may be cited as the Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013 . 2. Elimination of Medicare 3-day prior hospitalization requirement for coverage of skilled nursing facility services in qualified skilled nursing facilities (a) In general Subsection (f) of section 1812 of the Social Security Act ( 42 U.S.C. 1395d ) is amended to read as follows: (f) Coverage of extended care services without a 3-Day prior hospitalization for qualified skilled nursing facility (1) In general Effective for extended care services furnished pursuant to an admission to a skilled nursing facility that occurs more than 90 days after the date of the enactment of the Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013 , coverage shall be provided under this part for an individual for such services in a qualified skilled nursing facility that are not post-hospital extended care services. (2) Continued application of certification and other requirements and provisions The requirements of the following provisions shall apply to extended care services provided under paragraph (1) in the same manner as they apply to post-hospital extended care services: (A) Paragraphs (2) and (6) of section 1814(a), except that the requirement of paragraph (2)(B) of such section shall not apply insofar as it relates to any required prior receipt of inpatient hospital services. (B) Subsections (b)(2) and (e) of this section. (C) Paragraphs (1)(G)(i), (2)(A), and (3) of section 1861(v). (D) Section 1861(y). (E) Section 1862(a)(18). (F) Section 1866(a)(1)(H)(ii)(I). (G) Subsections (d) and (f) of section 1883. (H) Section 1888(e). (3) Qualified skilled nursing facility defined (A) In general In this subsection, the term qualified skilled nursing facility means a skilled nursing facility that the Secretary determines— (i) subject to subparagraphs (B) and (C), based upon the most recent ratings under the system established for purposes of rating skilled nursing facilities under the Medicare Nursing Home Compare program, has an overall rating of 3 or more stars or a score of 4 stars or higher on the individual quality domain or on the staffing quality domain; and (ii) is not subject to a quality-of-care corporate integrity agreement (relating to one or more programs under this Act) that is in effect with the Inspector General of the Department of Health and Human Services and that requires the facility to retain an independent quality monitor. The Secretary may make a determination under clause (ii) based upon the most current information contained in the website of the Inspector General. (B) Waiver of ratings to ensure access The Secretary may, upon application, waive the requirement of subparagraph (A)(i) for a skilled nursing facility in order to ensure access to extended care services that are not post-hospital extended care services in particular underserved geographic areas. (C) Grace period for correction of ratings In the case of a skilled nursing facility that qualifies as a qualified skilled nursing facility for a period and that would be disqualified under subparagraph (A)(i) because of a decline in its star rating, before disqualifying the facility the Secretary shall provide the facility with a grace period of 1 year during which the facility seeks to improve its ratings based on a plan of correction approved by the Secretary. (D) Holding beneficiaries harmless in case of disqualification of a facility In the case of a skilled nursing facility that qualifies as a qualified skilled nursing facility for a period and that is disqualified under subparagraph (A), such disqualification shall not apply to or affect individuals who are admitted to the facility at the time of the disqualification. . (b) MedPAC study of cost of implementation The Medicare Payment Advisory Commission shall conduct a study of, and submit a report to Congress and the Secretary of Health and Human Services on, the cost of impact of the amendment made by subsection (a), no later than June 1, 2016. | https://www.govinfo.gov/content/pkg/BILLS-113hr3531ih/xml/BILLS-113hr3531ih.xml |
113-hr-3532 | I 113th CONGRESS 1st Session H. R. 3532 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Bishop of New York (for himself and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote State requirements for local educational agencies and public elementary and secondary schools relating to the prevention and treatment of concussions suffered by students.
1. Short title This Act may be cited as the Protecting Student Athletes From Concussions Act of 2013 . 2. Minimum State requirements Part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended— (1) by striking the heading relating to subpart 2 and inserting the following: 3 Other provisions ; and (2) by inserting after subpart 1, the following new subpart: 2 State requirements for the prevention and treatment of concussions 9511. Minimum State requirements (a) In general Beginning fiscal year 2015, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan Each local educational agency in the State (including each charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, parents, and school personnel about concussions, including— (i) the training of school personnel on evidence-based concussion safety and management, including on prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such a student; and (iii) if the student’s symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individual with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 9512(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student’s written release, as described in paragraph (4); (B) the school personnel shall report to the concussion management team— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student’s injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). 9512. Definitions In this subpart: (1) Concussion The term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional The term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Public school The term public school means a public elementary school or public secondary school. (4) School personnel The term school personnel has the meaning given such term in section 4151, except that such term includes coaches and athletic trainers. (5) School-sponsored athletic activity The term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extra-curricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school. . 3. Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by striking the item relating to the heading of subpart 2 of part E of title IX and inserting the following new item: Subpart 3—General Provisions ; and (2) by inserting after the item relating to section 9506, the following new items: Subpart 2—State Requirements for the Prevention and Treatment of Concussions Sec. 9511. Minimum State requirements. Sec. 9512. Definitions. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3532ih/xml/BILLS-113hr3532ih.xml |
113-hr-3533 | I 113th CONGRESS 1st Session H. R. 3533 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to permit Governors of States to regulate intrastate endangered species and intrastate threatened species, and for other purposes.
1. Short title This Act may be cited as the Endangered Species Management Self-Determination Act . 2. Definition of ESA In this Act, the term ESA means the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 3. Findings Congress finds that— (1) the ESA was passed in 1973 as a means of protecting and recovering species and has not been substantially revised in over 25 years; (2) the ESA has not achieved its stated goal of recovering threatened species or endangered species; (3) of the species listed in accordance with the ESA, less than 1 percent of the total number of species in the United States have been recovered and removed from the list, largely due to data errors or other factors; (4) there is— (A) no comprehensive independent study of the costs or benefits of the ESA; (B) no full accounting of how much the Federal Government and State and local governments spend to implement, enforce, and comply with the ESA; and (C) no meaningful effort to account for the costs the ESA imposes on the private sector; (5) the ESA effectively penalizes landowners for owning endangered species habitat by forcing them to bear the cost of conservation; (6) the regulatory listing process under the ESA has become a tool for environmentalists to undermine, slow down, or halt construction of infrastructure projects, hampering economic growth and employment; and (7) litigation stemming from the ESA and some resulting settlements between the litigants and the Federal Government have made the ESA even more unworkable, to the detriment of species. 4. Determinations of endangered species and threatened species Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, after The Secretary ; and (B) in paragraph (2)(A)(ii), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, after , who ; (2) in subsection (b)— (A) by striking paragraph (3); (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; (C) in paragraph (6) (as so redesignated), strike paragraph (4), (5), or (6) and insert paragraph (3), (4), or (5) ; and (D) by adding at the end the following: (7) Definition of best scientific and commercial data In this subsection, the term best scientific and commercial data includes any scientific evidence made available to the Secretary by any State agency. ; (3) by striking subsection (c) and inserting the following: (c) Lists (1) Definition of joint resolution In this subsection, the term joint resolution means only a joint resolution the matter after the resolving clause of which is as follows: That Congress approves the lists relating to endangered species and threatened species submitted by the Secretary of the Interior on ______. (the blank space being appropriately filled in). (2) Lists submitted to Congress The Secretary of the Interior shall submit to Congress— (A) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be endangered species; and (B) a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be threatened species. (3) Congressional approval The lists described in paragraph (2) shall not take effect until a joint resolution described in paragraph (1) is enacted. (4) Contents of lists Each list described in paragraph (2) shall— (A) refer to the species included on the list by any scientific and common name; and (B) specify— (i) with respect to the species over what portion of the range of the species that the species is endangered or threatened; and (ii) any critical habitat within the range. (5) Publication The Secretary of the Interior shall publish in the Federal Register each list approved in accordance with paragraph (3). (6) Automatic removal (A) In general On the date that is 5 years after the date on which a joint resolution is enacted in accordance with this subsection, each species listed on a list approved by the joint resolution shall be removed from the list. (B) Petition for relisting (i) In general The Secretary of the Interior, in consultation with the Governor of each State in which the endangered species or threatened species is present, may submit to Congress a list that includes any species that was removed under subparagraph (A). (ii) Congressional approval The list described in clause (i) shall not take effect until a joint resolution described in paragraph (1) is enacted. ; (4) in subsection (d)— (A) in the first sentence, by striking Whenever any species and inserting Except as provided in subsection (j), whenever any species ; and (B) in the second sentence, by striking The Secretary may and inserting Except as provided in subsection (j), the Secretary may ; (5) in subsection (f)(1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall ; (6) in subsection (g)(1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall ; (7) in subsection (h)— (A) in the matter preceding paragraph (1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall ; (B) by striking paragraphs (1) and (2); and (C) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; (8) in subsection (i)— (A) by striking or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3), ; and (B) by striking or petition ; and (9) by adding at the end the following: (j) Intrastate endangered species or threatened species (1) Definitions In this subsection: (A) Governor of a State The term Governor of a State means the Governor of a State in which an intrastate endangered species or intrastate threatened species is present. (B) Intrastate endangered species The term intrastate endangered species means an endangered species that the Governor of a State determines is present only within the State. (C) Intrastate threatened species The term intrastate threatened species means a threatened species that the Governor of a State determines is present only within the State. (2) Currently listed species (A) In general The Governor of a State may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection. (B) Authority of Governor If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), the Governor of the State shall, with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the State, have the exclusive authority to, in accordance with the purposes and policy of this Act— (i) promulgate or enforce any regulation or guidance; (ii) designate a critical habitat; (iii) issue a permit or license; (iv) develop or implement a recovery plan; and (v) establish any goal with respect to the recovery plan. (C) Applicable law The management described in subparagraph (B) shall be subject to the law of the State in which the land, including public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), is located. (3) Newly listed species (A) In general The Governor of a State may, before the Secretary or any other person, regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection. (B) Applicability If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), subparagraphs (B) and (C) of paragraph (2) shall apply. (C) Judicial review Any action by the Governor of a State under this subsection shall not be subject to judicial review in any court of the United States or in any State court. . 5. Cost accounting The Endangered Species Act of 1973 is amended by inserting after section 12 ( 16 U.S.C. 1541 ) the following: 12A. Cost accounting report (a) Definitions In this section: (1) Direct costs The term direct costs includes— (A) Federal agency obligations related to the cost of any study; (B) capital, operation, maintenance, and replacement costs; and (C) staffing costs. (2) Indirect costs The term indirect costs includes foregone power generation costs and replacement power costs, including the net costs of any transmission of power. (b) Cost of compliance (1) In general Except with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j), the Administrator of the Bonneville Power Administration, the Administrator of the Southeastern Power Administration, the Administrator of the Southwestern Power Administration, and the Administrator of the Western Area Power Administration shall each include in a monthly billing statement submitted to each customer of the respective Administration the share of the direct and indirect costs to the customer incurred by the Administration related to complying with this Act. (2) Assistance in identifying costs The Director of the Bureau of Reclamation shall assist the administrators described in paragraph (1) with identifying the costs described in that paragraph. (c) Report Not later than January 30 of each year, each of the administrators described in subsection (b)(1), in coordination with the Director of the Bureau of Reclamation, shall submit to the Committee on Environment of the Senate and the Committee on Natural Resources of the House of Representatives a report estimating the costs described in subsection (b)(1)— (1) with respect to the Western Area Power Administration, on a project-by-project basis; and (2) with respect to the each of the Administrations described in subsection (b)(1) (except the Western Power Administration), on a systemwide basis. 12B. Property rights (a) Determination of proposed use of real property (1) In general Any owner or lessee of any real property may submit to the Secretary of the Interior an application that includes any proposed use of the real property. (2) Determination (A) In general Not later than 90 days after the date on which the application described in paragraph (1) is submitted, the Secretary of the Interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this Act. (B) Failure to respond If the Secretary of the Interior fails to respond before the expiration of the 90-day period described in subparagraph (A), the proposed use shall be considered to not violate any provision of this Act. (3) Effect of determinations (A) Affirmative defense It is an affirmative defense to any civil penalty assessed under section 11 or to any civil action, civil suit, or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination, including a determination that resulted under paragraph (2)(B), that a proposed use will not violate any provision of this Act. (B) Compensation for unfavorable determinations If the Secretary of the Interior determines that a proposed use will violate a provision of this Act, the owner or lessee of the real property may seek compensation in accordance with subsection (b). (b) Compensation for agency actions (1) Definitions In this subsection: (A) Agency action (i) In general The term agency action means any action taken by the Director of the United States Fish and Wildlife Service in accordance with this Act that diminishes the fair market value of any real property by not less than 50 percent with respect to the intended use of the real property. (ii) Exclusion The term agency action does not include any action taken with respect to intrastate endangered species or intrastate threatened species regulated by a Governor of a State under section 4(j). (B) Lessee The term lessee means a lessee of any real property affected by an agency action. (C) Owner The term owner means an owner of any real property affected by an agency action. (2) Compensation Except as provided in paragraph (3)(B), not later than 180 days after the date on which an agency action takes place, the Secretary shall pay an owner or lessee an amount equal to 150 percent of the fair market value of the real property determined in accordance with paragraph (3). (3) Determination of fair market value (A) In general The fair market value described in paragraph (2) shall be determined by 2 licensed independent appraisers of whom— (i) 1 shall be chosen by the Secretary; and (ii) 1 shall be chosen by the owner or lessee. (B) Failure to agree on fair market value (i) In general If the appraisers chosen under subparagraph (A) fail to agree on the same fair market value, the Secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value. (ii) Extension of time to make determination The licensed independent appraiser described in clause (i) shall determine the fair market value not later than 270 days after the date on which the agency action takes place. (C) Costs The Secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph. . 6. Penalties and enforcement Section 11(g)(4) of the Endangered Species Act ( 16 U.S.C. 1540(g)(4) ) is amended by striking attorney and . 7. Conforming amendment Section 6(d)(1) of the Endangered Species Act ( 16 U.S.C. 1535(d)(1) ) is amended by striking the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and . | https://www.govinfo.gov/content/pkg/BILLS-113hr3533ih/xml/BILLS-113hr3533ih.xml |
113-hr-3534 | I 113th CONGRESS 1st Session H. R. 3534 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Walberg (for himself, Mr. Conyers , Mr. Huizenga of Michigan , Mr. Dingell , Mrs. Miller of Michigan , Mr. Benishek , Mr. Peters of Michigan , Mr. Bentivolio , Mr. Upton , Mr. Camp , Mr. Rogers of Michigan , Mr. Levin , and Mr. Kildee ) 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 113 West Michigan Avenue in Jackson, Michigan, as the Officer James Bonneau Memorial Post Office .
1. Officer James Bonneau Memorial Post Office (a) Designation The facility of the United States Postal Service located at 113 West Michigan Avenue in Jackson, Michigan, shall be known and designated as the Officer James Bonneau Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Officer James Bonneau Memorial Post Office . | https://www.govinfo.gov/content/pkg/BILLS-113hr3534ih/xml/BILLS-113hr3534ih.xml |
113-hr-3535 | I 113th CONGRESS 1st Session H. R. 3535 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. McNerney (for himself and Mr. Gary G. Miller 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 authorize new empowerment zone designations for urban areas with high unemployment and high foreclosure rates, and for other purposes.
1. Short title This Act may be cited as the Revitalize Our Cities Act . 2. Three-year extension and new empowerment zone designations for high unemployment and foreclosure areas (a) Extension Clause (i) of section 1391(d)(1)(A) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2016 . (b) Additional designations Section 1391 of such Code is amended by adding at the end the following new subsection: (i) Additional designations permitted (1) In general In addition to the areas designated under subsections (a), (g), and (h), the appropriate Secretaries may designate an additional 20 nominated areas as empowerment zones under this section, subject to the availability of eligible nominated areas. Such zones shall be designated in urban areas. (2) Period designations may be made and take effect A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 2015. (3) Modifications to eligibility criteria (A) Unemployment and foreclosure A nominated area shall be eligible for designation under this subsection only if the average unemployment rate and the average rate of residential and commercial foreclosures in the area are each higher than that of the State within which the area is located for the period beginning January 1, 2009, and ending with the date of the enactment of this subsection. (B) Population Subparagraph (A) of section 1392(a)(1) shall be applied without regard to clause (ii) thereof. . (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-113hr3535ih/xml/BILLS-113hr3535ih.xml |
113-hr-3536 | I 113th CONGRESS 1st Session H. R. 3536 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mrs. Beatty (for herself, Ms. Norton , Ms. Sewell of Alabama , Mr. Loebsack , and Mr. Cartwright ) 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 support teacher and school professional training on awareness of student mental health conditions and suicide prevention efforts.
1. Short title This Act may be cited as the Support Our Students Act of 2013 or the S.O.S. Act of 2013 . 2. Findings Congress finds the following: (1) Approximately 1 in 5 children have a diagnosable mental illness. (2) Fifty percent of all lifetime cases of lived experience of mental illness begin by age 14, and 75 percent by age 24. (3) Fifty percent of students with a mental illness, age 14 years and older, drop out of high school. (4) One in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, but only 1 in 5 of such children receive specialty mental health services. (5) For youth between the ages of 10 and 24, suicide is the third leading cause of death, and an estimated 90 percent have a diagnosable mental health condition. (6) Annually, approximately 4,600 youth die as a result of suicide and another 156,000 youth ages 10 to 24 are treated for self-inflicted injuries at emergency rooms. (7) The overwhelming majority of individuals including teens, who attempt suicide, have one or more psychiatric or mental health conditions. (8) Suicide prevention and awareness efforts are key in combating this often preventable loss of life. 3. Training teachers and school professionals in understanding mental health conditions in children (a) In general Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 et seq. ) is amended by adding at the end the following: 4131. Training teachers and school professionals in understanding mental health conditions in children (a) Program authorized (1) In general The Secretary shall award grants to eligible State educational agencies to enable such agencies to award subgrants to eligible local educational agencies to support an existing, or develop a new, program that will educate teachers, school personnel, and specialized instructional support personnel on mental health conditions in children, including the causes, symptoms, and impact on learning. (2) Definitions In this section: (A) Eligible local educational agency The term eligible local educational agency means a local educational agency or a local educational agency in partnership with a mental health organization, family advocacy organization, or community nonprofit organization. (B) Eligible state educational agency The term eligible State educational agency means a State educational agency or a State educational agency in partnership with a mental health organization, family advocacy organization, or community nonprofit organization. (C) School personnel The term school personnel means administrators, administrative staff, custodial staff, cafeteria staff, transportation staff, and other school-employed staff who interact with students. (D) Specialized instructional support personnel The term specialized instructional support personnel means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services, as defined in section 602 of the Individuals with Disabilities Education Act) as part of comprehensive program to meet student needs. (b) Grants (1) Applications An eligible State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Activities An eligible State educational agency that receives a grant under this section shall use the grant funds to award subgrants to eligible local educational agencies in accordance with subsection (c). (c) Subgrants (1) Application (A) In general An eligible local educational agency that desires to receive a subgrant under this section shall submit an application to the eligible State educational agency at such time, in such manner, and accompanied by such information as the eligible State educational agency may require. (B) Description of utilization An application submitted under subparagraph (A) shall include a description of how the local educational agency will utilize school counselors, school psychologists, school social workers, or community organizations with expertise in the lived experience of mental illness and suicide prevention efforts, in developing and conducting the training described in paragraph (2). (2) Training (A) In general An eligible local educational agency that receives a subgrant under this section shall support an existing training program developed by either the school or a community organization with expertise in the lived experience of mental illness and suicide prevention, or develop a new program, in which school counselors, school psychologists, and school social workers develop and provide training to teachers, school personnel, and specialized instructional support personnel in understanding the mental health needs of children. Such program shall include an annual in-service training program to enable such teachers, school personnel, and specialized instructional support personnel— (i) to better understand mental health conditions and the early warning signs in children and adolescents; (ii) to best communicate with families about these concerns; (iii) to identify classroom strategies for working effectively with children with mental health conditions; and (iv) to understand school specific information, including, as appropriate, how schools are— (I) assisting in linking students to supports and services; and (II) providing information on the school’s mental health services and supports, including school social work and psychological services, as well as the school’s referral process for additional school-linked services connecting to community mental health professionals. (B) Family perspective A training program described in subparagraph (A) shall incorporate family and parent perspectives. (C) Training program for all areas of the state and for personnel serving indian children (i) Urban and rural areas In awarding subgrants under this section, a State educational agency shall ensure training programs described under subparagraph (A) are available for teachers, school personnel, and specialized instructional support personnel in urban and rural areas across the State. (ii) Indian children A State educational agency that receives a grant under this section shall award subgrants to eligible local educational agencies described in section 7112(b)(1) and Indian tribes described in section 7112(c). (D) School based mental health services providers A training program described in subparagraph (A) shall include a school-based mental health service provider and a community organization with expertise in the lived experience of mental illness or suicide prevention, whenever possible, to maximize training outcomes and facilitate coordinated referrals when more intensive community services are needed. (3) Guidelines In carrying out a training program described in paragraph (2), an eligible local educational agency may— (A) report to the Secretary on the agency’s commitment to students with mental illness and suicide prevention efforts through innovative programs, resource development, and the development of a mental health curriculum and activities that focus on raising awareness within schools of early onset mental health conditions and linking students with effective mental health services and supports; (B) describe existing school-community partnerships that provide effective clinical services to students with severe mental health needs; (C) describe how the agency will measure outcomes, as described in subsection (d), specifically for students with serious mental health needs; (D) describe how the training program will be effective for teachers, school personnel, and specialized instructional support personnel in culturally and linguistically diverse school communities; and (E) describe any strong links to the community mental health system and community mental health providers through interagency collaboration, including documenting— (i) the extent of the interagency collaboration (including the engagement in joint activities); and (ii) the dates during which the collaboration has been in effect and any outcomes that have been achieved as a result of this activity. (d) Evaluations and measures of outcomes (1) In general The Secretary shall develop measures of outcomes for eligible local educational agencies that receive subgrants under this section, in order to evaluate the effectiveness of programs carried out under the subgrant. (2) Outcomes The measures of outcomes described in paragraph (1) shall include, at a minimum, provisions to evaluate— (A) the effectiveness of comprehensive school mental health training and suicide prevention programs established under this section; (B) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system, if applicable; (C) the effectiveness of the training program in culturally and linguistically diverse school communities; (D) the improvement in understanding mental health conditions with the purpose of providing a safe and supportive learning environment among school staff, students, and parents; (E) the improvement in— (i) case-finding of students in need of more intensive services; (ii) effective communication with families; and (iii) referral of identified students with mental health related concerns for an evaluation for services and supports; (F) the reduction in the number of students with mental health conditions and those identified as children with disabilities under the emotional disturbance and other health impairment categories of the Individuals with Disabilities Education Act who are suspended and an increase in the number of such students who graduate from high school; and (G) the increased successful matriculation to postsecondary school. (e) Data collection component (1) Annual data submissions and reports (A) Data submission (i) Local educational agencies An eligible local educational agency that receives a subgrant under this section shall annually submit to the eligible State educational agency a report that includes data to evaluate the success of the program carried out by the eligible local educational agency. Such reports shall utilize the measures of outcomes described in subsection (d). (ii) State educational agencies An eligible State educational agency that receives a grant under this section shall annually submit to the Secretary a report that includes data from the reports submitted to the agency from eligible local educational agencies pursuant to clause (i). (B) Report to congress Not later than 6 months after the date the Secretary receives reports under subparagraph (A)(ii), the Secretary shall compile the data in the reports and conduct a general analysis of the success of the programs carried out by the local educational agencies involved with subgrant funds received under this section. The Secretary shall prepare a report containing the compilation and general analysis, and submit the report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (2) Evaluation and report (A) Evaluation Not later than 12 months after the end of the initial subgrant period for eligible local educational agencies under this section, the Secretary shall conduct an in-depth evaluation of the success of the programs carried out by the local educational agencies with subgrant funds received under this section. (B) Report to congress The Secretary shall prepare a report containing the in-depth evaluation, and submit the report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (f) Terms and cost of the grant There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. . (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 4130 the following: Sec. 4131. Training teachers and school professionals in understanding the mental health needs of children. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3536ih/xml/BILLS-113hr3536ih.xml |
113-hr-3537 | I 113th CONGRESS 1st Session H. R. 3537 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Ms. Edwards (for herself, Ms. Norton , Mr. Cummings , Ms. Tsongas , Mr. Cicilline , Mr. Welch , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the credit for increasing research activities, to increase such credit for amounts paid or incurred for qualified research occurring in the United States, and to increase the domestic production activities deduction for the manufacture of property substantially all of the research and development of which occurred in the United States.
1. Short title This Act may be cited as the 21st Century Investment Act of 2013 . 2. Research credit made permanent (a) In general Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (b) Conforming amendments (1) Section 41(c) of such Code is amended by striking paragraph (4). (2) Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. 3. Increase in research credit for contracted research with United States businesses (a) In general Section 41 of the Internal Revenue Code of 1986, as amended by section 2 of this Act, is amended by inserting after subsection (g) the following new subsection: (h) Special rule for contracted research with United States manufacturing business (1) In general If the taxpayer elects the application of this subsection, subsection (a)(1) shall be applied by substituting 25 percent for 20 percent with respect to qualified United States research expenses. (2) Qualified United States research expenses For purposes of this subsection, the term qualified United States research expenses means any amount paid or incurred by the taxpayer to any person (other than an employee of the taxpayer) for qualified research, substantially all of which occurs in the United States. (3) Separate application of section In the case of any election of the application of this subsection, this section shall be applied separately with respect qualified United States research expenses. . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred for taxable years beginning after the date of the enactment of this Act. 4. Increase in domestic production activities deduction for manufactured property researched and developed in United States (a) In general Subsection (d) of section 199 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (10) as paragraph (11) and by inserting after paragraph (9) the following new paragraph: (10) Special rule for certain manufacturing (A) In general In the case qualified production activities income attributable to the manufacture or production of qualifying production property substantially all of the research and development of which occurred in the United States, subsection (a) shall be applied by substituting 15 percent for 9 percent . (B) Special rule when taxable income used to determine deduction In the case of any taxable year for which the taxpayer’s qualified production activities income exceeds the taxpayer’s taxable income (determined without regard to this section), the amount of taxable income to which the 15 percent amount in subparagraph (A) applies under subsection (a)(1) shall be an amount equal to the amount which bears the same ratio to such taxable income (as so determined) as— (i) the amount of qualified production activities income of the taxpayer for the taxable year which is attributable to the manufacture or production of qualifying production property substantially all of the research and development with respect to which occurred in the United States, bears to (ii) all qualified production activities income of the taxpayer for the taxable year. (C) Termination This paragraph shall not apply to taxable years beginning after December 31, 2022. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3537ih/xml/BILLS-113hr3537ih.xml |
113-hr-3538 | I 113th CONGRESS 1st Session H. R. 3538 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Hinojosa (for himself and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To expand the use of open textbooks in order to achieve savings for students.
1. Short title This Act may be cited as the Affordable College Textbook Act . 2. Findings Congress finds the following: (1) The high cost of college textbooks continues to be a barrier for many students in achieving higher education. (2) According to the College Board, during the 2012–2013 academic year, the average student budget for college books and supplies was $1,200. (3) The Government Accountability Office found that new textbook prices increased 82 percent over the last decade and that although Federal efforts to increase price transparency have provided students and families with more and better information, more must be done to address rising costs. (4) The growth of the Internet has enabled the creation and sharing of digital content, including open educational resources that can be freely used by students, teachers, and members of the public. (5) Using open educational resources in place of traditional materials in large-enrollment college courses can reduce textbook costs by 80 to 100 percent. (6) Federal investment in expanding the use of open educational resources could significantly lower college textbook costs and reduce financial barriers to higher education, while making efficient use of taxpayer funds. 3. Definitions In this Act: (1) Educational resource The term educational resource means an educational material that can be used in postsecondary instruction, including textbooks and other written or audiovisual works. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Open educational resource The term open educational resource means an educational resource that is licensed under an open license and made freely available online to the public. (4) Open license The term open license means a worldwide, royalty-free, non-exclusive, perpetual, irrevocable copyright license granting the public permission to access, reproduce, publicly perform, publicly display, adapt, distribute, and otherwise use the work and adaptations of the work for any purpose, conditioned only on the requirement that attribution be given to authors as designated. (5) Open textbook The term open textbook means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. (6) Secretary The term Secretary means the Secretary of Education. 4. Grant program (a) Grants authorized From the amounts appropriated under subsection (i), the Secretary shall make grants, on a competitive basis, to eligible entities to support pilot programs that expand the use of open textbooks in order to achieve savings for students. (b) Eligible entity In this section, the term eligible entity means an institution of higher education or group of institutions of higher education. (c) Applications (1) In general Each eligible entity desiring a grant under this section, after consultation with relevant faculty (including those engaged in the creation of open educational resources), shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include a description of the project to be completed with grant funds and— (A) a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity, including an estimate of the projected savings that will be achieved for students; (B) a plan for evaluating, before creating new open educational resources, whether existing open educational resources could be used or adapted for the same purpose; (C) a plan for quality review and review of accuracy of any open educational resources to be created or adapted through the grant; (D) a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity, including promoting the adoption of any open textbooks created or adapted through the grant; and (E) a statement on consultation with relevant faculty, including those engaged in the creation of open educational resources, in the development of the application. (d) Special consideration In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to— (1) achieve the highest level of savings for students through sustainable expanded use of open textbooks in postsecondary courses offered by the eligible entity; (2) expand the use of open textbooks at institutions of higher education outside of the eligible entity; and (3) produce— (A) the highest quality open textbooks; (B) open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education; (C) open textbooks that correspond to the highest enrollment courses at institutions of higher education; and (D) open textbooks created or adapted in partnership with entities, including campus bookstores, that will assist in marketing and distribution of the open textbook. (e) Use of funds An eligible entity that receives a grant under this section shall use the grant funds to carry out any of the following activities to expand the use of open textbooks: (1) Professional development for faculty and staff members at institutions of higher education, including the search for and review of open textbooks. (2) Creation or adaptation of open educational resources, especially open textbooks. (3) Development or improvement of tools and informational resources that support the use of open textbooks. (4) Research evaluating the efficacy of the use of open textbooks for achieving savings for students. (5) Partnerships with other entities, including other institutions of higher education, for-profit organizations, or nonprofit organizations, to carry out any of the activities described in paragraphs (1) through (4). (f) License Educational resources created or adapted under subsection (e) shall be licensed under an open license. (g) Access and distribution The full and complete digital content of each educational resource created or adapted under subsection (e) shall be made available free of charge to the public— (1) on an easily accessible and interoperable website, which shall be identified to the Secretary by the eligible entity; and (2) in a machine readable, digital format that anyone can directly download, edit, and redistribute. (h) Report Upon an eligible entity’s completion of a project supported under this section, the eligible entity shall prepare and submit a report to the Secretary regarding— (1) the effectiveness of the pilot program in expanding the use of open textbooks and in achieving savings for students; (2) the impact of the pilot program on expanding the use of open textbooks at institutions of higher education outside of the eligible entity; (3) educational resources created or adapted under the grant, including instructions on where the public can access each educational resource under the terms of subsection (g); and (4) all project costs, including the value of any volunteer labor and institutional capital used for the project. (i) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of the 5 succeeding fiscal years after the enactment of this Act. 5. Price information Section 133(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1015b(b) ) is amended— (1) by striking paragraph (6); and (2) in paragraph (9); (A) by striking subparagraphs (A) and (B); and (B) by striking a college textbook that— and inserting a college textbook that may include printed materials, computer disks, website access, and electronically distributed materials. . 6. Sense of Congress It is the sense of Congress that institutions of higher education should encourage the consideration of open textbooks by faculty within the generally accepted principles of academic freedom that establishes the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes. 7. Report to Congress Not later than July 1, 2016, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing— (1) the open textbooks created or adapted under this Act; (2) the adoption of such open textbooks; and (3) the savings generated for students, States, and the Federal Government through the use of open textbooks. 8. GAO report Not later than July 1, 2017, the Comptroller General of the United States shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the cost of textbooks to students at institutions of higher education. The report shall particularly examine— (1) the change of the cost of textbooks; (2) the factors that have contributed to the change of the cost of textbooks; (3) the extent to which open textbooks are used at institutions of higher education; and (4) the impact of open textbooks on the cost of textbooks. | https://www.govinfo.gov/content/pkg/BILLS-113hr3538ih/xml/BILLS-113hr3538ih.xml |
113-hr-3539 | I 113th CONGRESS 1st Session H. R. 3539 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Long introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title X of the Public Health Service Act with respect to adoption and other pregnancy options counseling.
1. Short title This Act may be cited as the Adoption Promotion Act of 2013 . 2. Adoption and other pregnancy options counseling Title X of the Public Health Service Act ( 42 U.S.C. 300a–1 ) is amended by adding at the end the following new section: 1009. Adoption and other pregnancy options counseling (a) Inclusion of adoption counseling The Secretary shall ensure that any pregnancy options counseling funded under this title includes adoption counseling. (b) Qualified counselors The Secretary shall ensure that any pregnancy options counseling funded under this title is provided by individuals who— (1) are licensed social workers or counselors in the States in which they practice; and (2) have knowledge and experience in adoption practice. (c) Training Any training provided to an individual under section 1003 shall include training on the adoption process. (d) Research (1) In general Research funded under section 1004 shall include— (A) the collection of data on the number of pregnancy tests administered to individuals served by programs under this title and the results of those tests; and (B) the evaluation of the quality, consistency, and outcomes of pregnancy options counseling funded under this title. (2) Rule of construction Nothing in this subsection shall be construed to authorize the collection of personally identifiable information. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3539ih/xml/BILLS-113hr3539ih.xml |
113-hr-3540 | I 113th CONGRESS 1st Session H. R. 3540 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Polis (for himself, Mr. Marino , and Mr. Deutch ) 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 amend chapter 26 of title 35, United States Code, to require the disclosure of information related to patent ownership, and for other purposes.
1. Short title This Act may be cited as the Demand Letter Transparency Act of 2013 . 2. Demand letter disclosure requirement (a) Amendment Chapter 26 of title 35, United States Code, is amended by adding at the end the following new section: 263. Disclosure of Information Related to Patent Ownership (a) Demand letter disclosure Any entity that sends 20 or more demand letters during any 365-day period shall, not later than the disclosure deadline, submit to the Patent and Trademark Office with respect to each patent that was the subject in each such letter the following: (1) Identification of the patent and confirmation that the entity that sent the letter is the owner of the patent (or a representative of such person) and is the last recorded entity in the records of the Patent and Trademark Office for purposes of assignment, grant, or conveyance under this chapter. (2) Identification of the entity that has the right to license the patent or, in the case of a patent already exclusively licensed, the name of the exclusive licensee. (3) Identification of each entity asserting a claim with regard to a patent in such letter in accordance with subsection (b). (4) Identification of each obligation to license the patent on reasonable and nondiscriminatory terms, including a copy of each letter of assurance to each standard-setting organization with respect to such obligation, and the financial terms, including the rate, at which such patent has been licensed pursuant to such obligation. (5) Identification of the ultimate parent entity of such entity. (6) Identification of the number of entities that received a demand letter from the entity that sent the letter. (7) Identification of any case that has been filed by such entity relating to each such patent, including the docket number and the court in which the case was filed. (8) Identification of any ex parte review under chapter 30 or inter partes review under chapter 31 of such patent. (9) Any required registration fee established with regard to this section. (b) Information not readily accessible An entity required to disclose the information described under subsection (a) shall include with such disclosure a description of any information described under subsection (a) that is not disclosed, why such undisclosed information was not readily accessible, and the efforts made by such entity to access such undisclosed information. (c) Identification (1) Publicly traded For purposes of subsection (a)(3), if the entity to be identified is owned or controlled by a corporation traded on a public stock exchange, an identification of the publicly traded corporation and the public stock exchange shall be sufficient. (2) Not publicly traded For purposes of subsection (a)(3), if the entity to be identified is not owned or controlled by a publicly traded corporation, the information shall identify— (A) in the case of a partnership, the name and address of each partner or other entity, holding more than a 5 percent share of that partnership; (B) in the case of a corporation, the location of incorporation and the name of each officer of the corporation; (C) in the case of an entity that is directly or indirectly controlled by another entity, the name and address of the entity and each other entity, and the name, address, location of incorporation, and each officer or partner of the entity and each other entity; and (D) for each individual, the name and address of that individual. (3) Number of demand letters The requirement under subsection (a)(6) shall be updated regularly by the Director. (d) Failure To comply (1) Monetary sanctions Any entity that does not meet the requirements of this section with regard to a patent or the disclosure requirements with respect to a demand letter under section 264 may be subject to monetary sanctions by a court in an action brought by such entity with regard to infringement or validity of such patent, for an amount to be awarded to the adverse party that covers any cost incurred by the adverse party resulting from the failure of such entity to meet the requirements of this section, including any reasonable cost incurred by such adverse party to discover the correct and complete information described under subsection (a) with regard to such patent, unless such sanctions would be unjust. (2) Award of damages or fees A court in a case involving monetary sanctions described in paragraph (1)— (A) may not award treble damages under the second undesignated paragraph of section 284 or attorney’s fees under section 285 to the entity described in paragraph (1), unless the denial of such damages or fees would be manifestly unjust; and (B) shall consider good faith mistakes in a relevant demand letter when calculating attorneys fees under section 285 and damages under section 284. (e) Ongoing duty To correct or supplement An entity described in subsection (a) shall update any filing made pursuant to such subsection with correct information not later than 20 days after any change in the information described under subsection (a). (f) Exemption This section shall not apply to any of the following: (1) The original inventor or joint inventor. (2) An institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (3) A technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by one or more institutions of higher education. (g) Definitions In this section: (1) Demand letter The term demand letter means any written communication directed to an unaffiliated third party stating or indicating, directly or indirectly, that the intended recipient or anyone affiliated with that recipient is or may be infringing a patent, or may bear liability or owe compensation to another because of such patent. (2) Disclosure deadline The term disclosure deadline means the lesser of 30 days after the 20th demand letter is sent or 15 days before the earliest date of compliance described in the 20th demand letter. (3) Ultimate parent entity (A) In general Except as provided in subparagraph (B), the term ultimate parent entity has the meaning given such term in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation. (B) Modification of definition The Director may modify the definition of ultimate parent entity by regulation. . (b) Technical and conforming amendment The table of sections for chapter 26 of title 35, United States Code, is amended by adding at the end the following new item: 263. Disclosure of Information Related to Patent Ownership. . (c) Regulations The Director may promulgate such regulations as are necessary to establish a registration fee in an amount sufficient to recover the estimated costs of administering section 263 of title 35, United States Code, as added by subsection (a), to facilitate the collection and maintenance of the information required by such section, and to ensure the timely disclosure of such information to the public. (d) Demand letter database (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Director, in consultation with the Attorney General and the Federal Trade Commission, shall establish a publicly accessible and searchable database of the information obtained pursuant to section 263 of title 35, United States Code, as added by subsection (a), to be maintained at and updated by the Office. (2) Protection of information The Director shall allow recipients of a demand letter (as such term is defined under section 263(g), as added by subsection (a)) to request the redaction of the company name, company-specific information, or any other company information from the database described in paragraph (1). 3. Demand letter requirement (a) Amendment Chapter 26 of title 35, United States Code, as amended by section 2(a), is amended by adding at the end the following new section: 264. Requirements for patent infringement demand letters (a) In general Any entity sending a demand letter shall include in any demand letter sent to another entity the following: (1) An identification of each patent that is or may be allegedly infringing. (2) An identification of each claim of each patent identified under paragraph (1) that is allegedly infringed. (3) For each claim identified under paragraph (2), an identification of each accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to in this section as an accused instrumentality ) alleged to infringe the claim. (4) For each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of— (A) the name or model number of each accused instrumentality; and (B) the name of each accused method, system, process, function, act, or service, or the name or model number of each apparatus, product, feature, or device that, when used, allegedly results in the practice of the claimed invention. (5) For each accused instrumentality identified under paragraph (3), an explanation of— (A) where each element of each asserted claim identified under paragraph (2) is found within the accused instrumentality; (B) whether each such element is infringed literally or under the doctrine of equivalents; and (C) with detailed specificity, how the terms in each asserted claim identified under paragraph (2) correspond to the functionality of the accused instrumentality. (6) For each claim that is alleged to have been infringed indirectly, a description of— (A) the direct infringement; (B) any person alleged to be a direct infringer known to the party alleging infringement; and (C) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement. (7) A description of the right of the party alleging infringement to assert each— (A) patent identified under paragraph (1); and (B) patent claim identified in paragraph (2). (8) A description of the principal business of the party alleging infringement. (9) A list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the patents identified under paragraph (1). (10) Identification of any case that has been filed by such entity relating to each patent identified under paragraph (1), including the docket number and the court in which the case was filed. (11) Identification of any ex parte review under chapter 30 or any inter partes review under chapter 31 for each patent identified under paragraph (1). (12) For each patent identified under paragraph (1), whether such patent is subject to any licensing term or pricing commitments through any agency, organization, standard-setting body, or other entity or community. (13) The identity of any person other than the party alleging infringement, known to the party alleging infringement, who— (A) owns or co-owns a patent identified under paragraph (1); (B) is the assignee of a patent identified under paragraph (1); or (C) is an exclusive licensee to a patent identified under paragraph (1). (14) The identity of any person other than the party alleging infringement, known to the party alleging infringement, who has a legal right to enforce a patent identified under paragraph (1) through a civil action under any Act of Congress relating to patents or is licensed under such patent. (15) The identity of any person with a direct financial interest in the outcome of the action, including a right to receive proceeds, or any fixed or variable portion thereof. (16) A description of any agreement or other legal basis for a financial interest described in paragraph (13). (17) A description of how the recipient of the demand letter can access the demand letter database of the Patent and Trademark Office. (18) At the bottom of such letter, a clear statement of the following: You are not required to respond to this letter by law. . (b) Information not readily accessible An entity required to disclose the information described under subsection (a) shall include with such disclosure a description of any information described under subsection (a) that is not disclosed, why such undisclosed information was not readily accessible, and the efforts made by such entity to access such undisclosed information. (c) Demand letter defined In this section, the term demand letter shall have the meaning given that term under section 263(g). . (b) Technical and conforming amendment The table of sections for chapter 26 of title 35, United States Code, as amended by section 2(b), is amended by adding at the end the following new item: 264. Requirements for patent infringement demand letters. . 4. Penalties (a) Amendment Chapter 26 of title 35, United States Code, as amended by sections 2(a) and 3(a), is amended by adding at the end the following new section: 265. Penalties (a) Disclosure of information to the Patent and Trademark Office violation Any entity that receives a demand letter and that believes the requirements under section 263 have not been met with respect to such patent may submit to the Office in writing a petition— (1) describing the requirements that have not been met under section 263; and (2) anything else the Director determines to be necessary. (b) Demand letter requirement violation Any entity that receives a demand letter that does not meet the requirements described under section 264 may submit to the Office in writing a petition— (1) describing the requirements that have not been included in such letter; and (2) anything else the Director determines to be necessary. (c) Notice of intent To abandon If the Office determines that the requirements of section 263 or 264 have not been met with respect to a patent, the Office shall notify the patent owner that the patent will be voided unless a fee is paid not later than 3 months after the date on which the notification is sent. The Director may accept the payment of any fee required by this subsection if the delay is shown to the satisfaction of the Director to have been unintentional or unavoidable. The Director shall consider good faith mistakes in the determination of whether to void a patent under this section. (d) Demand letter defined In this section, the term demand letter shall have the meaning given that term under section 263(g). . (b) Technical and conforming amendment The table of sections for chapter 26 of title 35, United States Code, as amended by sections 2(b) and 3(b), is amended by adding at the end the following new item: 265. Penalties. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Director shall establish, by regulation, a fee for filing a petition under section 265 in such amounts as the Director determines to be reasonable. 5. Federal Trade Commission enforcement (a) Enforcement A violation of section 263 or 264 of title 35, United States Code, as added by sections 2 and 3, respectively, shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce such rules in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. Any entity who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (b) Rule of construction Nothing in this section shall be construed— (1) to limit the authority of the Federal Trade Commission under any other provision of law; or (2) except as specifically provided in this section to provide the Federal Trade Commission with any additional authority. 6. Definitions In this Act: (1) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Office The term Office means the United States Patent and Trademark Office. 7. Effective date The amendments made by this Act shall take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act and shall apply to an entity that sends a demand letter (as such term is defined under section 263(g) of title 35, United States Code, as added by section 2(a)) on or after that date. | https://www.govinfo.gov/content/pkg/BILLS-113hr3540ih/xml/BILLS-113hr3540ih.xml |
113-hr-3541 | I 113th CONGRESS 1st Session H. R. 3541 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Griffin of Arkansas (for himself and Mr. Gardner ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prevent a taxpayer bailout of health insurance issuers.
1. Short title This Act may be cited as the Obamacare Taxpayer Bailout Prevention Act . 2. Prevention of bailout of health insurance issuers The Patient Protection and Affordable Care Act is amended by striking section 1342 ( 42 U.S.C. 18062 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3541ih/xml/BILLS-113hr3541ih.xml |
113-hr-3542 | I 113th CONGRESS 1st Session H. R. 3542 IN THE HOUSE OF REPRESENTATIVES November 19, 2013 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act to exempt fire hydrants from the prohibition on the use of lead pipes, fittings, fixtures, solder, and flux.
1. Short title This Act may be cited as the Community Fire Safety Act of 2013 . 2. Exempting fire hydrants from prohibition on use of lead Section 1417(a)(4)(B) of the Safe Drinking Water Act is amended by inserting fire hydrants, after shower valves, . | https://www.govinfo.gov/content/pkg/BILLS-113hr3542ih/xml/BILLS-113hr3542ih.xml |
113-hr-3543 | I 113th CONGRESS 1st Session H. R. 3543 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Ellison (for himself, Mr. Butterfield , Mr. Capuano , Mr. Cicilline , Ms. Clarke , Mr. Conyers , Mr. Grijalva , Mr. Hinojosa , Mr. McDermott , Mr. McGovern , Mr. George Miller of California , Mr. Rangel , Ms. Loretta Sanchez of California , Ms. Schakowsky , Ms. Wilson of Florida , Mr. Rush , Mr. Kildee , Ms. Moore , and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To permanently extend the Protecting Tenants at Foreclosure Act of 2009 and establish a private right of action to enforce compliance with such Act.
1. Short title This Act may be cited as the Permanently Protecting Tenants at Foreclosure Act of 2013 . 2. Repeal of sunset provision Section 704 of the Protecting Tenants at Foreclosure Act of 2009 ( 12 U.S.C. 5201 note; 12 U.S.C. 5220 note; 42 U.S.C. 1437f note) is hereby repealed. 3. Private right of action The Protecting Tenants at Foreclosure Act of 2009, as amended by section 2 of this Act, is further amended by adding at the end the following new section: 704. Private right of action (a) Right of action Any person aggrieved by a violation referred to in subsection (b) may bring a civil action in a court of competent jurisdiction for damages resulting from such violation, and may obtain other appropriate relief, including equitable relief. If the plaintiff prevails in any such action, the court shall award the plaintiff any litigation costs reasonably incurred, together with reasonable attorneys’ fees and reasonable expert witness fees, as determined by the court. (b) Violation A violation referred to in this subsection is a violation of— (1) section 702 of this title; or (2) the matter in subparagraph (C) or (F) of section 8(o)(7) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(7) ) that was added by the amendments made by section 703 of this title. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3543ih/xml/BILLS-113hr3543ih.xml |
113-hr-3544 | I 113th CONGRESS 1st Session H. R. 3544 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Latta (for himself, Ms. Kaptur , Mr. Wolf , Mr. McIntyre , Mr. Jordan , Mr. Higgins , Mr. Rogers of Michigan , and Mr. Conaway ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To award the Congressional Gold Medal, collectively, to the members of the Office of Strategic Services (OSS) in recognition of their superior service and major contributions during World War II.
1. Short title This Act may be cited as the Office of Strategic Services Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) The Office of Strategic Services (OSS) was America’s first effort to implement a system of strategic intelligence during World War II and provided the basis for the modern-day American intelligence and special operations communities. (2) OSS founder General William J. Donovan is the only person in American history to receive our Nation’s four highest military decorations, including the Medal of Honor. Upon learning of his death in 1959, President Eisenhower called General Donovan the last hero . In addition to founding and leading the OSS, General Donovan was also selected by President Roosevelt, who called him his secret legs , as an emissary to Great Britain and continental Europe before the United States entered World War II. (3) All the military branches during World War II contributed personnel to the OSS. The present-day Special Operations Forces trace their lineage to the OSS. Its Maritime Unit was a precursor to the U.S. Navy SEALs. The OSS Operational Groups and Jedburghs were forerunners to U.S. Army Special Forces. The 801st/492nd Bombardment Group ( Carpetbaggers ) were progenitors to the Air Force Special Operations Command. The Marines who served in the OSS, including the actor Sterling Hayden and Col. William Eddy, whom General Donovan described as the American Lawrence of Arabia , were predecessors to the Marines Special Operations Command. U.S. Coast Guard personnel were recruited for the Maritime Unit and the Operational Swimmer Group. (4) The OSS organized, trained, supplied, and fought with resistance organizations throughout Europe and Asia that played an important role in America’s victory during World War II. President Eisenhower credited the work of the OSS with the French Resistance during the liberation of France as the equivalent of having an extra division. (5) Four future directors of central intelligence served as OSS officers: William Casey, William Colby, Allen Dulles, and Richard Helms. (6) Women comprised more than one-third of OSS personnel and played a critical role in the organization. They included Virginia Hall, the only civilian female to receive a Distinguished Service Cross in World War II, and Julia Child. (7) OSS recruited Fritz Kolbe, a German diplomat who became America's most important spy against the Nazis in World War II. (8) America’s leading scientists and scholars served in the OSS Research and Analysis Branch, including Ralph Bunche, the first African-American to receive the Nobel Peace Prize, Pulitzer Prize-winning historian Arthur Schlesinger, Jr., Supreme Court Justice Arthur Goldberg, Sherman Kent, John King Fairbank, and Walt Rostow. It ranks included seven future presidents of the American Historical Association, five of the American Economic Association, and two Nobel laureates. The U.S. Department of State’s Bureau of Intelligence and Research traces its creation to the OSS Research and Analysis Branch. (9) The OSS invented and employed new technology through its Research and Development Branch, inventing new weapons and revolutionary communications equipment. Dr. Christian Lambertsen invented the first underwater rebreathing apparatus that was first utilized by the OSS and is known today as SCUBA. (10) OSS Detachment 101 operated in Burma and pioneered the art of unconventional warfare. It was the first United States unit to deploy a large guerrilla army deep in enemy territory. It has been credited with the highest kill/loss ratio for any infantry-type unit in American military history and was awarded a Presidential Unit Citation. (11) Its X–2 branch pioneered counterintelligence with the British and established the modern counterintelligence community. The network of contacts built by the OSS with foreign intelligence services lead to enduring Cold War alliances. (12) Operation Torch, the Allied invasion of French North Africa in November 1942, was aided by the networks established and information acquired by the OSS to guide Allied landings. (13) OSS Operation Halyard rescued more than 500 downed airmen trapped behind enemy lines in Yugoslavia, one of the most daring and successful rescue operations of World War II. (14) OSS Mercy Missions at the end of World War II saved the lives of thousands of Allied prisoners of war whom it was feared would be murdered by the Japanese. (15) The handful of surviving men and women of the OSS, whom General Donovan called his glorious amateurs , are among the greatest generation. They have never been collectively recognized for their heroic and pioneering service in World War II. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration to the members of the Office of Strategic Services (OSS), in recognition of their superior service and major contributions during World War II. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal in commemoration to the members of the Office of Strategic Services under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Office of Strategic Services. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | https://www.govinfo.gov/content/pkg/BILLS-113hr3544ih/xml/BILLS-113hr3544ih.xml |
113-hr-3545 | I 113th CONGRESS 1st Session H. R. 3545 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Cárdenas (for himself, Mr. Cummings , Mr. Rangel , Mr. Ryan of Ohio , Mr. Huffman , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To protect the academic futures of collegiate student athletes.
1. Short title; findings; sense of Congress (a) Short title This Act may be cited as the Collegiate Student Athlete Protection Act . (b) Findings Congress finds as follows: (1) Institutions of higher education that have athletic programs that offer athletically related student aid collectively generate billions of dollars annually from contracts for media rights, and the revenue from such contracts would not exist without the efforts of student athletes. (2) Providing adequate health and safety protection for student athletes can help prevent serious injury and death. (3) Current and former student athletes are often left to pay for medical expenses incurred from injuries suffered while participating in intercollegiate athletics. (c) Sense of congress It is the sense of Congress that— (1) institutions of higher education exist to further educate, and to provide an opportunity to acquire a degree to, all students who attend such institutions; (2) institutions of higher education should ensure that a sports-related injury does not hinder the opportunity of a student athlete to graduate from the institution of higher education the student athlete attends at the time of such injury; (3) institutions of higher education should make graduation of all student athletes a priority, regardless of the on-field performance of the student athletes; (4) institutions of higher education should provide student athletes with the same due process protections afforded to students who do not participate in athletics; (5) acknowledging the bodily risks taken by the student athletes, institutions of higher education should ensure that student athletes who otherwise could not afford proper health insurance are provided such insurance to pay for sports-related injuries; and (6) due to the record level of revenues that athletic programs provide for institutions of higher education, such institutions have the responsibility to provide student athletes with the highest level of education, and to provide effective efforts to ensure that student athletes attain higher education degrees from such institutions. 2. Program participation agreements (a) New requirement for programs of assistance Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) In the case of an institution that has an athletic program and that annually receives $10,000,000 or more in income derived from media rights (as calculated in accordance with subparagraph (B)) for the athletic program of the institution, the institution will comply with the requirements under subsection (k). (B) For the purposes of this paragraph, an institution of higher education shall calculate the total amount of income the institution derives annually from media rights by adding— (i) annual income derived from any contract for media rights signed with any media entity by the institution, determined by averaging the income derived from the contract annually over the lifetime of the contract; (ii) disbursements to the institution as a member institution of an athletic conference, representing member shares of the media rights of such conference; and (iii) disbursements to the institution as a participant in an event that is hosted by an entity that— (I) hosts intercollegiate sporting events; and (II) sells broadcast or media access to that event. . (b) Athletic program requirements Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended by adding at the end the following: (k) Athletic program requirements (1) Definitions For the purposes of this subsection and subsection (a)(30), the following definitions shall apply: (A) Athletic association The term athletic association means an organization that is not an institution of higher education and— (i) that is responsible for governing athletic programs at multiple institutions of higher education; or (ii) the primary purpose of which is to host intercollegiate sporting events and sell broadcast or media access to such events. (B) Athletic program The term athletic program means an intercollegiate athletic program of an institution of higher education. (C) Athletically related student aid The term athletically related student aid shall have the meaning given such term in section 485(e). (D) Graduation success rate The term graduation success rate — (i) means the percentage of student athletes who graduate from an institution of higher education not later than 6 years after initial enrollment at such institution, including students who transfer to such institution from another institution, but excluding students who transfer out of such institution who are in good academic standing and, in accordance with the rules of the athletic association governing such athletic program, have not exhausted their eligibility to participate in such program; and (ii) shall be calculated using the data available for the 4 most recent academic years in the exact manner as the rate is calculated under the rules of the National Collegiate Athletic Association on the date of enactment of the Collegiate Student Athlete Protection Act . (E) Health care professional The term health care professional means— (i) a physician (including a medical doctor or doctor of osteopathic medicine); or (ii) an athletic trainer— (I) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide treatment; and (II) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury. (F) Institution of higher education The term institution of higher education has the meaning given the term in section 102. (G) Media rights The term media rights means contractual rights granted by an institution of higher education or an athletic association to a television network, in exchange for monetary payments to the institution or association, to provide media coverage of the institution’s athletic program. (H) Student athlete The term student athlete means a student enrolled at an institution of higher education who participates in an athletic program. (2) Requirements To comply with this subsection for the purposes of subsection (a)(30), an athletic program of an institution of higher education described in subsection (a)(30) shall meet the following requirements: (A) Completion of academic program after loss of athletic scholarship (i) Loss due to injury (I) In general Each student athlete who has received or contracted to receive athletically related student aid from an institution of higher education for participation in an athletic program and who subsequently becomes ineligible for such aid for all or part of an academic year due to an injury or illness resulting from the athlete's participation in the athletic program shall, upon a determination by a physician selected by the institution and a physician that is not affiliated with any institution, that the student athlete is medically ineligible to participate in such program, be provided with institutional student aid for the period described in subclause (II) in an amount equivalent to the amount the student would have received in athletically related student aid for such academic year (or part thereof) if the student had not suffered such injury or illness. The student shall also receive continued academic supports, including tutoring, at the same level received prior to being deemed medically ineligible, for the entire period that the student receives institutional student aid. (II) Period of aid The institution of higher education shall provide institutional student aid required under subclause (I) for a period that, combined with the total duration of time the student previously received athletically related student aid, is equal to 5 academic years, or until the student athlete completes the athlete's undergraduate degree, whichever time period is shorter. The institution may, at its discretion, provide institutional student aid for an additional period. (III) Leave of absence In the case of a student athlete who takes a leave of absence from an institution of higher education due to an injury or illness resulting from the athlete's participation in an athletic program, the duration of such leave of absence shall not be counted as part of the period of required institutional student aid due to the student under subclause (II). (ii) Loss due to exhausted eligibility (I) In general Except as provided in subclause (III), each student athlete who has received athletically related student aid from an institution of higher education for participation in an athletic program, and who is maintaining academic standing consistent with the requirements for graduation, but who, in accordance with the rules of the athletic association governing such athletic program, has exhausted the athlete's athletic eligibility to participate in such program before the student has completed an undergraduate degree shall be provided with institutional student aid for the period described in subclause (II) in an amount equivalent to the amount the student would have received in athletically related student aid if the student’s athletic eligibility were not exhausted. (II) Period of aid The institution shall provide institutional student aid required under subclause (I) for a period of 1 year, or until the student athlete completes an undergraduate degree, whichever time period is shorter. (III) Exception An institution of higher education shall not be required to provide institutional student aid to a student athlete in accordance with subclause (I) if such student athlete received athletically related student aid from the institution for participation in a team sport with a graduation success rate for such team that is 70 percent or higher. (iii) Involuntary loss for any reason other than for cause (I) In general A student athlete who has received athletically related student aid from an institution of higher education for participation in an athletic program and who is maintaining academic standing consistent with the requirements for graduation, but who will not receive such aid for all or part of an academic year because the student was involuntarily dismissed from participation in such athletic program shall be provided with institutional student aid in an amount equivalent to the amount the student would have received in athletically related student aid for such academic year (or part thereof) if the student had not been dismissed. (II) Period of aid The institution shall provide institutional student aid required under subclause (I) for a period that, combined with the total duration of time the student previously received athletically related student aid, is equal to 5 academic years, or until the student athlete completes the athlete's undergraduate degree, whichever is time period shorter. The institution may, at its discretion, provide institutional student aid for an additional period. (iv) Loss for cause (I) In general Notwithstanding clauses (i) through (iii), a student athlete who has received athletically related student aid from an institution of higher education for participation in an athletic program shall not be eligible for institutional student aid required under this paragraph if the student is dismissed from participation in such program or otherwise denied such aid for cause, except that a student athlete may appeal the loss of athletically related student aid to the institution or an athletic association of which the institution is a member, as appropriate. (II) For cause In this clause, the term for cause means that the student was found by the institution of higher education to have violated academic or disciplinary standards of the institution. (B) Mandatory workshop At the beginning of each academic year, each first-year and third-year student athlete shall be required to attend and complete an Athletics Participation Readiness workshop conducted by the institution of higher education. Such workshop shall include— (i) information about the long-term dangers of concussions and head injuries that shall be administered by a health care professional and include recent data from the Centers for Disease Control and Prevention; (ii) information concerning financial aid and debt management; (iii) a recommended budget for student athletes for the academic year, based on the institution’s cost of attendance for such academic year, that accounts for whether the student athlete receives athletically related student aid that covers all or part of such cost, and whether the student lives on or off campus; (iv) information on time management skills necessary for success as a student athlete; (v) academic resources available on campus, including tutoring, career development, and career search resources; and (vi) an explanation of the institution’s responsibilities and obligations to the student athletes with respect to scholarship renewal, medical insurance, and medical payments for injury and illness resulting from participation in an athletic program. (C) Disciplinary actions A student athlete who faces loss or reduction of athletically related student aid for a violation of a disciplinary standard of the institution of higher education shall be provided the opportunity for a formal administrative hearing, not less than 1 appeal, and any other due process procedure the Secretary determines by regulation to be necessary. (D) Transfer requests Each request by a student athlete submitted to the institution of higher education for a transfer to another institution of higher education shall be granted or denied by the institution at which the student is enrolled not later than 7 business days after the date on which such request is submitted to such institution. (E) Health care costs (i) Pell eligible students Except as provided in clause (iv), each student athlete who is eligible to receive a Federal Pell Grant under subpart 1 of part A, shall be provided with institutional aid, paid to the student directly or to the insurer of such student on the student’s behalf, in an amount sufficient to cover— (I) during the period of the student’s participation in an athletic program of the institution— (aa) the premium applicable to the insurance plan in which the student is enrolled; (bb) any deductible applicable to such plan; and (cc) any other cost-sharing or other out-of-pocket expenses of the student with respect to such plan, including co-payments; and (II) in the case in which the student suffers an injury or illness resulting from the student’s participation in an athletic program of the institution— (aa) the health insurance costs described in items (aa) through (cc) of subclause (I) during the period of the student’s participation in an athletic program of the institution; and (bb) the costs described in subclauses (I) through (III) of clause (ii) for the duration described in clause (iii). (ii) Injury-related costs Except as provided in clause (iv), each student athlete who suffers an injury or illness resulting from the student’s participation in an athletic program of the institution shall be provided with institutional aid, paid to the student directly or to the insurer of such student on the student’s behalf, in an amount sufficient to cover— (I) the premium applicable to the insurance plan in which the student is enrolled; (II) any deductible applicable to such plan; and (III) for a period of not less than 2 years after the student athlete’s graduation or separation from the institution— (aa) any other cost-sharing expenses of the student with respect to such plan, including co-payments; and (bb) any out-of-pocket expenses of the student with respect to such injury or illness. (iii) Duration of aid An institution shall provide a student athlete with the institutional aid required under clause (ii)— (I) until the student’s injury or illness has been resolved and the student has been cleared by a physician to resume participation in an athletic program; or (II) in the case of a student who is suffering from an injury or illness that requires ongoing medical treatment, for a period of not less than 2 years after the student athlete’s graduation or separation from the institution. (iv) Preexisting conditions An institution shall not be required to provide institutional aid to a student athlete under clause (i) or (ii) for any preexisting medical condition that predates the student athlete’s participation in the athletic program. (F) Emergency action plans and written policies The institution shall have— (i) venue-specific Emergency Action Plans that are coordinated by the institution's health care professional or sports medicine staff and regularly rehearsed with local emergency personnel to prevent, assess, and treat sports-related injuries; and (ii) written policies and guidelines related to exercise for and supervision of any student athlete identified before or during participation in an athletic program of the institution to have a medical condition that is potentially life-threatening and that could be affected by the student athlete’s participation in such program. (G) Sports-related concussions The institution shall provide annual baseline concussion testing of each student athlete on the active roster of each team participating in a contact or collision sport or a limited-contact or impact sport (based on the most recent classification of sports published by the Committee on Sports Medicine of the American Academy of Pediatrics) that is administered by health care professionals employed by the institution before such student athlete may participate in any contact drills or activities. (H) Compliance costs Costs to the institution resulting from compliance with this paragraph shall be paid exclusively from institutional revenue derived from income described in subsection (a)(30)(B). . | https://www.govinfo.gov/content/pkg/BILLS-113hr3545ih/xml/BILLS-113hr3545ih.xml |
113-hr-3546 | I 113th CONGRESS 1st Session H. R. 3546 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Levin (for himself, Mr. Doggett , Mr. Rangel , Mr. McDermott , Mr. Lewis , Mr. Neal , Mr. Becerra , Mr. Thompson of California , Mr. Larson of Connecticut , Mr. Blumenauer , Mr. Kind , Mr. Pascrell , Mr. Crowley , Ms. Schwartz , Mr. Danny K. Davis of Illinois , Ms. Linda T. Sánchez of California , Mr. Van Hollen , Ms. Lee of California , Ms. Shea-Porter , Mr. Cicilline , and Ms. Fudge ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the extension of certain unemployment benefits, and for other purposes.
1. Short title This Act may be cited as the Emergency Unemployment Compensation Extension Act of 2013 . 2. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendments made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2013 ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting December 31, 2014 ; and (2) in subsection (c), by striking June 30, 2014 and inserting June 30, 2015 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting June 30, 2015 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting December 31, 2014 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting December 31, 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through fiscal year 2015 . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 5. Additional extended unemployment benefits under the railroad unemployment insurance act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (1) by striking June 30, 2013 and inserting June 30, 2014 ; and (2) by striking December 31, 2013 and inserting December 31, 2014 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $250,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-113hr3546ih/xml/BILLS-113hr3546ih.xml |
113-hr-3547 | I 113th CONGRESS 1st Session H. R. 3547 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Smith of Texas (for himself, Ms. Eddie Bernice Johnson of Texas , Mr. Palazzo , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To extend the application of certain space launch liability provisions through 2014.
1. Short title This Act may be cited as the Space Launch Liability Indemnification Extension Act . 2. Indemnification extension Section 50915(f) of title 51, United States Code, is amended by striking December 31, 2013 and inserting December 31, 2014 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3547ih/xml/BILLS-113hr3547ih.xml |
113-hr-3548 | I 113th CONGRESS 1st Session H. R. 3548 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XII of the Public Health Service Act to expand the definition of trauma to include thermal, electrical, chemical, radioactive, and other extrinsic agents.
1. Short title This Act may be cited as the Improving Trauma Care Act of 2013 . 2. Trauma definition Paragraph (4) of section 1231 of the Public Health Service Act ( 42 U.S.C. 300d–31 ) is amended to read as follows: (4) Trauma The term trauma means an injury resulting from exposure to— (A) a mechanical force; or (B) another extrinsic agent, including an extrinsic agent that is thermal, electrical, chemical, or radioactive. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3548ih/xml/BILLS-113hr3548ih.xml |
113-hr-3549 | I 113th CONGRESS 1st Session H. R. 3549 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mrs. Hartzler (for herself and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To promote permanent families for children, privacy and safety for unwed mothers, responsible fatherhood, and security for adoptive parents by establishing a National Responsible Father Registry and encouraging States to enter into agreements to contribute the information contained in the State’s Responsible Father Registry to the National Responsible Father Registry, and for other purposes.
1. Short title This Act may be cited as the Protecting Adoption Act . 2. Findings and purposes (a) Findings Congress makes the following findings: (1) Responsible father registries, also known as possible father registries or putative father registries, exist in as many as 34 States. (2) The Supreme Court of the United States in Lehr v. Robertson (463 U.S. 248) (1983), found responsible father registries to be constitutional. (3) Responsible father registries help to speed up the stable placement of children by providing a mechanism to determine whether there are any possible fathers who may have an interest in participating in the placement decisions of the child so that the possible father can timely assert his rights or so that the father’s rights can be waived, surrendered, or terminated and the child made available for adoption or placement. (4) Responsible father registries protect the privacy and safety of unwed mothers by removing the burden from the mother to provide information about any possible fathers, disclosure of which would be an invasion of her privacy and may cause harm to the mother, particularly in the case of rape or domestic violence. (5) Responsible father registries serve to protect the rights of men who wish to be involved in the placement decisions of a child they believe they may have fathered by creating a mechanism for such men to undertake responsibility and to protect their rights without having to rely upon others to protect their rights, and to indicate their desire to be notified in a timely manner of certain legal proceedings related to the child, including proceedings related to termination of rights, adoption, and the placement of the child into State custody. (6) Responsible father registries protect the privacy of possible fathers by providing a mechanism for men to submit identifying information to a database with restricted access. (7) Responsible father registries protect the interests of adoptive parents and increase the security of adoptions by reducing the risk that possible fathers cannot be located in a timely manner. One of the biggest risks to the finalization of an adoption is the inability of the parties to an adoption proceeding to timely locate the possible fathers. When possible fathers are not provided with timely notice of an adoption proceeding related to a child they may have fathered and discover such proceeding later, the adoption proceeding often is delayed or disrupted. In addition to causing emotional stress and significant costs associated with this problem, such cases, particularly when they attract media attention, create a chilling effect on adoption in that prospective adoptive parents may decide not to pursue the option of adoption for fear that they will be involved in such a case. (8) Interstate travel of mothers and the filing of legal actions relating to a child in a State other than the State in which a possible father may have registered may circumvent and eliminate the protections such unwed mothers and possible fathers are provided by the individual State Responsible Father Registries, because there are no agreements or mechanisms between the States to identify or to provide notice to possible fathers who have registered in another State. (9) The inability of States to coordinate and cross-check their responsible father registries may jeopardize or delay the placement of the child in a permanent home and undermines the benefits to unwed mothers, protections intended for registered possible fathers, and security for adoptive parents that State registries are intended to afford. (b) Purposes The purposes of this Act are— (1) to provide for a national database that would accept possible father registrations from participating State Responsible Father Registries and directly from possible fathers, and would transmit the results of specific searches of such registrations to authorized parties involved in any State’s proceedings, whether the State participates in the national registry or not, for adoption, the placement of a child in State custody, or the termination of a father’s rights; (2) to enable children to find a permanent home more quickly by providing identifying information on possible fathers thereby enabling the fathers’ rights to be addressed in a more timely manner; (3) to remove the burden from the mother of having to identify potential fathers, to protect her privacy and safety, especially in cases of rape or domestic violence; (4) to empower men to take responsibility for the protection of their rights by enabling them to register in a participating State or directly with the national registry, increasing the likelihood of men receiving notice of a proceeding in another State and reducing the opportunity for the mother to deprive a possible father of the ability to assert his rights by withholding accurate information concerning the possible father, by moving, or by traveling to another State; and (5) to reduce the risk to prospective adoptive parents of delayed or disrupted placements resulting from challenges to adoptions due to a possible father’s untimely receipt of notice of such proceedings. 3. Registries to facilitate adoptions Part B of title IV of the Social Security Act ( 42 U.S.C. 620 et seq. ) is amended by adding at the end the following: 4 National and State Responsible Father Registries to facilitate adoptions 445. Definitions In this subpart: (1) Business day The term business day means a day on which Federal or State offices, as applicable, are open for regular business. (2) Eligible party The term eligible party means— (A) public and licensed private adoption or child placement agencies gathering information for a planned or pending adoption or the termination of rights of one or more possible fathers; (B) licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers; (C) State agencies or entities responsible for the placement of children; and (D) State courts. (3) National Responsible Father Registry The term National Responsible Father Registry means the registry established and maintained under section 445A. (4) Notice The term notice means notice to all possible fathers of a proceeding sufficient to satisfy the notice requirements of the law of the State in which the proceeding is pending. (5) Pending adoption The term pending adoption means any adoption in which an adoption petition has been filed and is still pending with a court pursuant to State law. (6) Planned adoption The term planned adoption means any plan for the adoption of a child or children in which the birth mother has contacted an attorney or a public or licensed private adoption agency about placing her child for adoption, or in which a public or licensed private adoption agency is working to place a child for adoption. (7) Proceeding The term proceeding means a proceeding relating to a child that a possible father has or may have fathered regarding a planned or pending adoption of the child, the entry of the child into State custody, or the termination of a possible father’s rights to the child. (8) Possible father The term possible father or putative father means a man who has had sexual relations with a woman to whom he is not married and is therefore presumed to know that such woman may be pregnant as a result of such relations. (9) Search The term search means a request for information regarding the existence of all possible fathers related to a child that is the subject of a proceeding. (10) State Responsible Father Registry The term State Responsible Father Registry means, with respect to a State, the registry established or modified and maintained under section 445C for that State. (11) Participating State The term participating State means a State that has entered into an agreement with the Secretary under section 445B. 445A. National Responsible Father Registry (a) Establishment and maintenance (1) In general Not later than the date that is 180 days after the date of enactment of this subpart, the Secretary shall establish and maintain an automated National Responsible Father Registry that contains the information described in section 445C(c) and that provides a mechanism for men to register such information directly with the National Responsible Father Registry. (2) Data entry and deletion requirements (A) Data entry Information transmitted by a State or a possible father under section 445C(d)(2) shall be entered into the National Responsible Father Registry not later than the date that is 2 business days after the date on which such information is received. (B) Responsible father registration The Secretary shall establish procedures under which a possible father may submit the information described in section 445C(c) directly to the Secretary for the purpose of including such information in the National Responsible Father Registry. Such procedures shall— (i) require the possible father to verify by submission of a sworn statement or such other means as the Secretary determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge; (ii) provide that no fee shall be charged to the possible father for registering in the National Responsible Father Registry; and (iii) allow possible fathers to submit registrations by mail or electronic means. (C) Application of Federal penalties for submission of false information Any person who knowingly submits false information to the National Responsible Father Registry directly or indirectly through transmission of information submitted to a State Responsible Father Registry shall be subject to penalties in accordance with the provisions of section 1001 of title 18, United States Code. (D) Deletion of data Information entered into the National Responsible Father Registry shall remain in the registry for not less than 20 years from the date of entry. (3) Access to information in the National Responsible Father Registry (A) In general Subject to subparagraph (B), access to the information contained in the National Responsible Father Registry is limited to an eligible party. (B) Limited access for registrants Each possible father who registers in the National Responsible Father Registry may file a search request with the Secretary for the limited purpose of confirming that the information he provided is contained in the National Registry. (4) Search requests (A) By an eligible party The Secretary shall accept a request from an eligible party to search the National Responsible Father Registry only if the request has been verified for authenticity. (B) By a registrant The Secretary shall accept a request from a possible father who has registered in the National Responsible Father Registry to search the National Responsible Father Registry only if the request has been verified for authenticity. (C) Fee The Secretary is authorized to charge a reasonable fee for a search conducted under this section. (5) Limitation on disclosure of information No information contained in the National Responsible Father Registry shall be disclosed to any person if the disclosure of the information would contravene a national security interest of the United States or if the disclosure would compromise the confidentiality of census data. (6) Methods for requesting a search of the national database An eligible party may request a search under this section either electronically or through the mail. (7) Certificate of search (A) Issuance Within 2 business days of receipt of a search request, the Secretary shall issue by mail or electronic means a certificate of search to the person who requested the search. (B) Contents of eligible party search The certificate of search on behalf of an eligible party shall contain— (i) the names and most recent contact information for all possible fathers who are registered in the National Responsible Father Registry or registered in any participating State Responsible Father Registry; (ii) the latest date through which data in the National Responsible Father Registry has been updated; and (iii) the list of the State Responsible Father Registries whose data is included in the search database and the date through which the data from each participating State was last updated. (C) Contents of registrant search The certificate of search on behalf of a possible father who has registered in the National Responsible Father Registry shall only contain the information provided to the Secretary by the registrant himself or provided by the registrant to a participating State registry and transmitted by that State registry to the Secretary. (D) Effect of certificate A certificate of search issued under subparagraph (B) shall serve as evidence of efforts by the eligible party who requested the search to locate a possible father in order to provide those possible fathers identified in the certificate with notice of a proceeding. (b) National educational campaign The Secretary shall establish a nationwide responsible fatherhood and responsible father registry educational campaign that is designed to inform possible fathers, unwed mothers, possible adoptive parents, and eligible parties of the existence of the National Responsible Father Registry, the advantages of possible fathers registering either in the National Responsible Father Registry or a State Responsible Father Registry, or both, the rights and responsibilities of possible fathers, unwed mothers, possible adoptive parents, and eligible parties with regard to a proceeding, and the role of the National Responsible Father Registry and a State Responsible Father Registry in a proceeding. 445B. Agreements with States to promote responsible fatherhood (a) In general The Secretary shall use all reasonable efforts to encourage States to enter into an agreement with the Secretary to become a participating State under this subpart. Such agreements shall— (1) require that the State comply with the requirements for State Responsible Father Registries under section 445C; (2) require that the State provide for a process under which a registered possible father will receive notice of a proceeding at the most recent address he provided to the registry, within State determined guidelines and time limits; (3) require the State to provide annual reviews and reports to the Secretary on the State Responsible Father Registry, including such information as may be necessary to measure compliance with the requirements under this subpart; (4) require the State to, in accordance with standards prescribed by the Secretary, cooperate with other States and the Federal Government to assist individuals and governments in their efforts to locate and provide notice to possible fathers; (5) encourage the State to establish or designate a single organizational unit within the State that meets such staffing and organizational requirements as the Secretary may prescribe to administer the State Responsible Father Registry; (6) encourage the State to enter into cooperative agreements between the State and appropriate entities, such as those specified in section 445C(e)(2), to assist the organizational unit established or designated to administer the State Responsible Father Registry; (7) encourage the State to amend its long-arm jurisdictional statute to ensure that personal jurisdiction is established in a proceeding for a father registered in the National Responsible Father Registry; (8) encourage States to develop, establish, and operate programs that are designed— (A) to improve the protection of the rights of possible fathers in a proceeding; (B) to assist mothers in making responsible plans for their children's future; and (C) to protect the privacy and safety of possible fathers and of birth mothers, including those who have been the victims of violence, by, among other things, enabling birth mothers to proceed with an adoption or placement plan without being required to disclose her sexual partners; and (9) encourage States to enact laws and regulations to address the pre-birth abandonment of a child by the biological father and abandonment of a child by the biological father subsequent to birth. (b) Grants To promote responsible fatherhood An agreement with a State that meets the requirements of subsection (a) may include a grant to the State as provided for under section 445D. 445C. State Responsible Father Registries (a) Establishment and maintenance (1) In general Subject to paragraph (2), each State that is a participating State under this subpart shall provide assurances to the Secretary that the State has, or will establish, and will maintain an automated responsible father registry that meets the requirements of this section. (2) Existing State Responsible Father Registries A State that has a responsible father registry in existence on the date of enactment of this subpart and desires to enter into an agreement with the Secretary under section 445B shall provide assurances to the Secretary that the State will, not later than 180 days from the last day of the first regular session of the State legislature that begins after the date of enactment of this subpart, modify the registry to the extent necessary for the registry to meet the requirements of this section with respect to responsible fathers who register with the State on or after that day. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate, regular session of the State legislature. (b) Registration with the State Responsible Father Registry (1) Submission of information The State shall establish procedures under which the possible father of a child may submit the information described in subsection (c) to the State for the purpose of including the information in the State Responsible Father Registry. Such procedures shall provide that, in order for the possible father to be entitled to notice of any proceeding, the possible father must submit information for inclusion in the State Responsible Father Registry within State-determined time limits. (2) Verification The procedures established under paragraph (1) shall require the possible father to verify by submission of a sworn statement or such other means as the State, in consultation with the Secretary, determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge. (c) Contents With respect to a child, the State Responsible Father Registry shall contain information sufficient to identify the possible father, which may include (but is not limited to)— (1) the name of the possible father (including any other names by which he may be known); (2) the date of birth of the possible father; (3) the Social Security number of the possible father, if any; (4) the State of issue and driver's license number of the possible father, if any; (5) the address provided by the possible father at which he requests notice; (6) all known telephone numbers for the possible father; (7) the name and address of the employer of the possible father, if any; (8) the name of the mother (including any other names by which she may be known); (9) the most recent address of the mother, if known; (10) the date of birth of the mother, if known; (11) the Social Security number of the mother, if known; (12) the State of issue and driver's license number of the mother, if known; (13) the city and State where possible conception took place; (14) the date or estimated date (or range of dates) of possible conception; (15) the birth date of the child or the approximate delivery date, if known; and (16) the name and gender of the child, if known. (d) Collection of State information and transmission to the National Responsible Father Registry (1) Collection The State shall collect the information described in subsection (c) submitted by the possible father and enter such information into the State Responsible Father Registry. (2) Transmission Not later than the date that is 3 business days after the date on which any information described in subsection (c) is entered into the State Responsible Father Registry, the State shall furnish such information to the Secretary, in an electronic format designated by the Secretary, for purposes of including the information in the National Responsible Father Registry. (3) Requirement The procedures established under subsection (b)(1) shall include a means by which a possible father is informed that the registry may be used to establish an obligation to support a child or children. Except as provided in subsection (g), registration shall not constitute an admission of guilt to any crime under Federal or State law. (e) Establishment of Registration Centers (1) In general The State shall establish centers in various locations throughout the State so that registration forms for the State Responsible Father Registry are easily accessible to possible fathers. (2) Sites The sites of the centers described in paragraph (1) may include (but are not limited to) the following: (A) State and local hospitals. (B) Courthouses in which family courts are located. (C) State departments of motor vehicles. (D) State welfare agencies. (E) State health department offices. (F) State vital records offices. (G) State probate courts. (H) State-operated or -sponsored websites for each center established in accordance with this subsection. (f) Method of submitting registration The State shall permit a possible father to submit information to the State Responsible Father Registry electronically, in person, or by mail. The State shall not charge a fee for registering in the State Responsible Father Registry. (g) Penalties for submission of false information A State shall have in effect a law that provides that any person who knowingly submits false information to a State Responsible Father Registry shall be guilty of the highest class of misdemeanor under State law. (h) Accuracy of data A possible father is solely responsible for the accuracy of the information contained in his registration and he shall be responsible for updating the information, if needed to keep it accurate. The information contained in the registration is presumed accurate. Notice regarding a proceeding shall be deemed received by the possible father if sent or delivered to him at the most recent address he provided in subsection (c)(5). (i) Privacy safeguards The State shall establish procedures to ensure that the information maintained in the State Responsible Father Registry is subject to the same privacy safeguards as the privacy safeguards required under section 454(26). 445D. Grants to States to promote responsible fatherhood (a) Grants to States The Secretary may make a grant to a State that enters into an agreement with the Secretary pursuant to section 445B to become a participating State for purposes of— (1) modifying an existing State Responsible Father Registry to the extent necessary for the registry to meet the requirements of section 445C; or (2) establishing a State Responsible Father Registry that meets the requirements of section 445C. (b) Condition As a condition for receiving a grant under this section, a State shall agree to— (1) maintain an automated State Responsible Father Registry in accordance with the requirements of section 445C; and (2) support the nationwide responsible fatherhood and responsible father registry educational campaign established under section 445A(b). (c) Amount A grant made under this section shall be in such an amount as the Secretary determines appropriate. (d) Use of funds Funds received under a grant made under this section may be used to reimburse a participating State in whole or in part for costs incurred to modify an existing State Responsible Father Registry or to establish a State Responsible Father Registry, and to reimburse the State in whole or in part for costs incurred to satisfy the conditions specified in subsection (b). (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary for fiscal year 2014 and each fiscal year thereafter for purposes of making grants to States under this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3549ih/xml/BILLS-113hr3549ih.xml |
113-hr-3550 | I 113th CONGRESS 1st Session H. R. 3550 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Amash (for himself, Mr. Duncan of South Carolina , Mr. Jordan , Mr. Lamborn , Mr. McClintock , Mr. Meadows , Mr. Price of Georgia , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Appropriations , Science, Space, and Technology , Transportation and Infrastructure , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To stabilize the housing and banking sectors by eliminating policies that distort markets and facilitate risky lending, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the New Fair Deal Banking and Housing Stability Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Title I—Reducing risky lending and housing market instability Subtitle A—Withdrawing failed Government mortgage corporations Part 1—Immediate reforms of Government-Sponsored corporations Sec. 101. Repeal of housing goals for enterprises. Sec. 102. Repeal of Housing Trust Fund. Sec. 103. Repeal of Capital Magnet Fund. Sec. 104. Limitation on enterprise mortgage purchases. Sec. 105. Repeal of banking agencies’ authority relating Freddie Mac transactions. Part 2—Making space for private secondary markets Sec. 111. Reduction of enterprise conforming loan limits. Sec. 112. Loan-to-value limitation on enterprise mortgage purchases. Sec. 113. Increased capital standards for enterprises. Sec. 114. Enterprise portfolio limitations. Part 3—Abolition of Fannie Mae and Freddie Mac Sec. 121. Abolishment of enterprises. Subtitle B—Termination of Insurance for Banks’ Mortgage Lending Part 1—Immediate reforms of FHA credit programs Sec. 131. FHA lender repurchase requirement. Sec. 132. Prohibition of FHA mortgage insurance for cash-out refinancings. Sec. 133. FHA limitation on seller concessions. Part 2—Reducing taxpayer guarantees of mortgages Sec. 141. Reduction of FHA mortgage insurance coverage. Sec. 142. Increase in FHA downpayment requirement. Part 3—Termination of FHA credit guarantees Sec. 151. Termination of FHA insurance authority. Subtitle C—Ending guarantees for Government mortgage-Backed securities Sec. 161. Limitation on GNMA guarantees. Sec. 162. Abolishment of Ginnie Mae. Subtitle D—Repealing regulations that promote risky lending Sec. 171. Repeal of the Community Reinvestment Act of 1977. Sec. 172. Repeal of Dodd-Frank credit risk retention provisions. Sec. 173. Repeal of Dodd-Frank ability to repay and qualified mortgage provisions. Sec. 174. Repeal of the Home Mortgage Disclosure Act of 1975. Sec. 175. Repeal of Federal Home Loan Banks Affordable Housing Program and housing goals. Sec. 176. Repeal of FDIC Affordable Housing Program. Subtitle E—Stopping subsidies for certain obstacles to housing construction Sec. 181. Repeal of transportation planning provisions; rescission. Sec. 182. Termination of HUD sustainable communities initiatives; rescission. Title II—Ending bank bailouts and restoring market discipline Subtitle A—Reducing risks to bank depositors and other creditors Sec. 201. Capital requirements. Sec. 202. FDIC insurance. Subtitle B—Repeal of bailout authorities Sec. 211. Repeal of FDIC powers under the systemic risk determination. Sec. 212. Repeal of unusual and exigent authority of the Federal Reserve. Sec. 213. Exchange Stabilization Fund. Subtitle C—Bankruptcy, not bailouts, for complex financial institutions Sec. 221. Reforming the bankruptcy code to accommodate failing financial institutions. I Reducing risky lending and housing market instability A Withdrawing failed Government mortgage corporations 1 Immediate reforms of Government-Sponsored corporations 101. Repeal of housing goals for enterprises (a) Repeal The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by striking sections 1331 through 1336 ( 12 U.S.C. 4561–6 ). (b) Conforming amendments Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended— (1) in section 1303(28) ( 12 U.S.C. 4502(28) ), by striking , and, for the purposes and all that follows through designated disaster areas ; (2) in section 1324(b)(1)(A) ( 12 U.S.C. 4544(b)(1)(A) ), by striking clauses (i), (ii), and (iv); (3) in section 1339(h) ( 12 U.S.C. 4569(h) ), by striking paragraph (7); (4) in section 1341 ( 12 U.S.C. 4581 )— (A) in subsection (a)— (i) in paragraph (1), by inserting or after the semicolon at the end; (ii) in paragraph (2), by striking the semicolon at the end and inserting a period; and (iii) by striking paragraphs (3) and (4); and (B) in subsection (b)(2)— (i) in subparagraph (A), by inserting or after the semicolon at the end; (ii) by striking subparagraphs (B) and (C); and (iii) by redesignating subparagraph (D) as subparagraph (B); (5) in section 1345(a) ( 12 U.S.C. 4585(a) )— (A) in paragraph (1), by inserting or after the semicolon at the end; (B) in paragraph (2), by striking the semicolon at the end and inserting a period; and (C) by striking paragraphs (3) and (4); and (6) in section 1371(a)(2) ( 12 U.S.C. 4631(a)(2) ), by striking with any housing goal established under subpart B of part 2 of subtitle A of this title, with section 1336 or 1337 of this title, . (c) Repeal of reporting requirements (1) Fannie mae Section 309 of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1723a ) is amended by striking subsection (n). (2) Freddie Mac Section 307 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1456 ) is amended by striking subsection (f). (d) Termination of affordable housing advisory councils (1) Fannie mae Section 309 of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1723a ) is amended by striking subsection (o). (2) Freddie Mac Section 307 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1456 ) is amended by striking subsection (g). 102. Repeal of Housing Trust Fund (a) Repeal The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by striking sections 1337 and 1338 ( 12 U.S.C. 4567 , 4568). (b) Conforming amendments (1) Federal housing enterprises financial safety and soundness act of 1992 The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended— (A) in section 1324(b)(1)(A) ( 12 U.S.C. 4544(b)(1)(A) ), as amended by the preceding provisions of this Act— (i) by striking clause (iii); (ii) by striking the dash after which and inserting the text of clause (v) and a period; and (iii) by striking clause (v); (B) in section 1339(b)— (i) by striking paragraph (1); (ii) by striking the dash after consist of and inserting the text of paragraph (2) and a period; and (iii) by striking paragraph (2); and (C) in section 1345 ( 12 U.S.C. 4585 ), by striking subsection (f). (2) HOPE for homeowners program Section 257(w) of the National Housing Act ( 12 U.S.C. 1715z–23(w) ) is amended— (A) by striking paragraphs (2) and (3); and (B) by redesignating paragraph (4) as paragraph (2). 103. Repeal of Capital Magnet Fund (a) Use of funds Immediately upon the enactment of this Act, any amounts in the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569 ) shall be available to the Secretary of the Treasury for use only for reducing the budget deficit of the Federal Government. (b) Repeal and abolishment of fund Section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569 ) is hereby repealed and the Capital Magnet Fund established under such section is abolished. (c) Conforming amendment Section 1303(24) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502(24) ) is amended by striking subparagraph (B). 104. Limitation on enterprise mortgage purchases (a) Fannie Mae Section 302(b) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following new paragraph: (7) The corporation may only purchase, make commitments to purchase, service, sell, lend on the security of, or otherwise deal in a mortgage on a property comprising 1- to 4-family dwelling units that— (A) bears interest at a rate that is fixed for the entire term of the mortgage; and (B) is made— (i) to finance the purchase of such property that shall be occupied by the mortgagor as the mortgagor’s principal residence; or (ii) to prepay or pay off the outstanding principal obligation under an existing mortgage or loan secured by the same property, which is occupied by the mortgagor as the mortgagor’s principal residence, but not including a mortgage under which any portion of the mortgage proceeds are used for any purpose other than to prepay or pay off such existing mortgage or for any settlement costs in connection with such mortgage, as determined in accordance with guidelines issued by the Director. . (b) Freddie Mac Section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) The Corporation may only purchase, make commitments to purchase, service, sell, lend on the security of, or otherwise deal in a mortgage on a property comprising 1- to 4-family dwelling units that— (A) bears interest at a rate that is fixed for the entire term of the mortgage; and (B) is made— (i) to finance the purchase of such property that shall be occupied by the mortgagor as the mortgagor’s principal residence; or (ii) to prepay or pay off the outstanding principal obligation under an existing mortgage or loan secured by the same property, which is occupied by the mortgagor as the mortgagor’s principal residence, but not including a mortgage under which any portion of the mortgage proceeds are used for any purpose other than to prepay or pay off such existing mortgage or for any settlement costs in connection with such mortgage, as determined in accordance with guidelines issued by the Director. . 105. Repeal of banking agencies’ authority relating Freddie Mac transactions Section 305 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454 ) is amended by striking subsection (b). 2 Making space for private secondary markets 111. Reduction of enterprise conforming loan limits (a) Fannie Mae Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) is amended by striking the 7th through 11th sentences and inserting the following: Such limitations shall not exceed $417,000 for a mortgage secured by a single-family residence, $533,850 for a mortgage secured by a 2-family residence, $645,300 for a mortgage secured by a 3-family residence, and $801,950 for a mortgage secured by a 4-family residence, except that such maximum limitations shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , subject to the limitations in this paragraph. Each adjustment shall be made by subtracting from such amount (as it may have been previously adjusted) an amount equal to 20 percent thereof. . (b) Freddie Mac Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ) is amended by striking the 6th through 10th sentences and inserting the following: Such limitations shall not exceed $417,000 for a mortgage secured by a single-family residence, $533,850 for a mortgage secured by a 2-family residence, $645,300 for a mortgage secured by a 3-family residence, and $801,950 for a mortgage secured by a 4-family residence, except that such maximum limitations shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , subject to the limitations in this paragraph. Each adjustment shall be made by subtracting from such amount (as it may have been previously adjusted) an amount equal to 20 percent thereof. . 112. Loan-to-value limitation on enterprise mortgage purchases (a) Fannie Mae Section 302(b) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following new paragraph: (7) Notwithstanding any other provision of law, the corporation may not purchase, or make commitments to purchase, any mortgage on a 1- to 4-family residence if the outstanding principal balance of the mortgage at the time of purchase exceeds 95.0 percent of the value of the property securing the mortgage, except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by reducing such percentage by 1.5 percentage points. . (b) Freddie Mac Section 3052(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) Notwithstanding any other provision of law, the Corporation may not purchase, or make commitments to purchase, any mortgage on a 1- to 4-family residence if the outstanding principal balance of the mortgage at the time of purchase exceeds 95.0 percent of the value of the property securing the mortgage, except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by reducing such percentage by 1.5 percentage points. . 113. Increased capital standards for enterprises (a) Termination of risk-Based standard (1) In general Section 1361 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4611 ) is amended— (A) in the section heading, by striking risk-based ; and (B) in subsection (a)(1), by striking risk-based and inserting non-risk-based . (2) Conforming amendments Subtitle B of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by striking risk-based each place such term appears in the following sections and inserting required : (A) Section 1364(a) ( 12 U.S.C. 4614(a) ). (B) Section 1366(a)(2)(B) ( 12 U.S.C. 4616(a)(2)(B) ). (C) Section 1369C(a) ( 12 U.S.C. 4622(a) ). (b) Increase in minimum capital levels Section 1362(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4612(a) ) is amended— (1) in paragraph (1), by inserting before the semicolon at the end the following: ; except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by increasing such percentage (as it may have been previously adjusted) by 0.7 percentage points ; (2) in paragraph (2), by inserting before ; and the following: ; except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by increasing such percentage (as it may have been previously adjusted) by 0.15 percentage points ; and (3) in paragraph (3), by inserting before the period at the end the following: ; and except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by increasing such percentage (as it may have been previously adjusted) by 0.15 percentage points . (c) Increase in critical capital levels Section 1363(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4613(a) ) is amended— (1) in paragraph (1), by inserting before the semicolon at the end the following: ; except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by increasing such percentage (as it may have been previously adjusted) by 0.7 percentage points ; (2) in paragraph (2), by inserting before ; and the following: ; except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by increasing such percentage (as it may have been previously adjusted) by 0.15 percentage points ; and (3) in paragraph (3), by inserting before the period at the end the following: ; and except that such percentage shall be adjusted effective January 1 of each year beginning after the effective date of the New Fair Deal Banking and Housing Stability Act of 2013 , by increasing such percentage (as it may have been previously adjusted) by 0.15 percentage points . 114. Enterprise portfolio limitations The Housing and Community Development Act of 1992 ( 12 U.S.C. 4611 et seq. ) is amended by striking section 1369E ( 12 U.S.C. 4624 ) and inserting the following new section: 1369E. Restriction on mortgage assets of enterprises (a) Restriction No enterprise shall own, as of any applicable date in this subsection or thereafter, mortgage assets in excess of— (1) as of December 31, 2013, $550,000,000,000; or (2) as of December 31 of each year thereafter, 80 percent of the aggregate amount of mortgage assets that the enterprise was permitted to own pursuant to this section as of December 31 of the immediately preceding calendar year. (b) Definition of Mortgage Assets For purposes of this section, the term mortgage assets means, with respect to an enterprise, assets of such enterprise consisting of mortgages, mortgage loans, mortgage-related securities, participation certificates, mortgage-backed commercial paper, obligations of real estate mortgage investment conduits and similar assets, in each case to the extent such assets would appear on the balance sheet of such enterprise in accordance with generally accepted accounting principles in effect in the United States as of September 7, 2008 (as set forth in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board from time to time; and without giving any effect to any change that may be made after September 7, 2008, in respect of Statement of Financial Accounting Standards No. 140 or any similar accounting standard). . 3 Abolition of Fannie Mae and Freddie Mac 121. Abolishment of enterprises (a) Repeal of charters (1) Fannie Mae Effective upon the expiration of the 5-year period beginning on the date of the enactment of this Act, the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1716 et seq. ) is repealed and the Federal National Mortgage Association shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (A) outstanding debt obligations of the Federal National Mortgage Association, including any— (i) bonds, debentures, notes, or other similar instruments; (ii) capital lease obligations; or (iii) obligations in respect of letters of credit, bankers' acceptances, or other similar instruments; or (B) mortgage-backed securities guaranteed by the Federal National Mortgage Association. (2) Freddie Mac Effective upon the expiration of the 5-year period beginning on the date of the enactment of this Act, the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1451 et seq. ) is repealed and the Federal Home Loan Mortgage Corporation shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (A) outstanding debt obligations of the Federal Home Loan Mortgage Corporation, including any— (i) bonds, debentures, notes, or other similar instruments; (ii) capital lease obligations; or (iii) obligations in respect of letters of credit, bankers' acceptances, or other similar instruments; or (B) mortgage-backed securities guaranteed by the Federal Home Loan Mortgage Corporation. (3) Existing guarantee obligations (A) Explicit guarantee The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any obligation described under paragraphs (1) and (2). (B) Applicability Except for amounts determined necessary for use for winding up the affairs of the enterprises pursuant to subsection (b), all guarantee fee amounts derived from the mortgage guarantee business of the enterprises in existence as of the expiration of the 5-year period beginning on the date of the enactment of this Act shall be deposited into the Treasury of the United States, for purposes of deficit reduction. (b) Wind-Down of enterprises (1) Termination of current conservatorship Upon the expiration of the 5-year period beginning on the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall, with respect to each enterprise, appoint the Federal Housing Finance Agency as receiver under section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 and carry out such receivership under the authority of such section and in accordance with this Act and any amendments made by this Act. (2) Wind down During the 5-year period that begins upon the date of the enactment of this Act, the Director of the Federal Housing Finance Agency, in consultation with the Secretary of the Treasury, shall take such action, and may prescribe such regulations and procedures, as may be necessary and consistent with the receiverships pursuant to paragraph (1) to wind down the operations of the enterprises in an orderly manner that complies with the requirements of this Act and any amendments made by this Act. (3) Division of assets and liabilities; authority to establish holding corporation and dissolution trust fund The action and procedures required under paragraph (2)— (A) shall include the establishment and execution of plans to provide for an equitable division, distribution, and liquidation of the assets and liabilities of each enterprise, including any infrastructure, property, including intellectual property, platforms, or any other thing or object of value, provided that such plans shall— (i) provide for the sale, at auction, of the servicing rights to mortgages guaranteed by an enterprise under terms that ensure that a purchaser of such servicing rights shall assume a first loss position in the event of a default under such a mortgage in an amount equal to 20 percent of the aggregate amount of such loss and the Federal Government shall be liable to the purchaser for the remainder of such loss; (ii) provide for the sale, at auction, of any other assets of an enterprise having value; and (iii) comply with the requirements of this Act and any amendments made by this Act; (B) may provide for establishment of a holding corporation organized under the laws of any State of the United States or the District of Columbia for the purpose of winding down an enterprise; and (C) shall provide for establishment of one or more trusts to which to transfer— (i) outstanding debt obligations of an enterprise; or (ii) outstanding mortgages held for the purpose of collateralizing mortgage-backed securities guaranteed by an enterprise. (c) Conforming amendments to Federal Home Loan Bank Act Effective upon the expiration of the 5-year period that begins on the date of the enactment of this Act, the Federal Home Loan Bank Act is amended— (1) in section 10(a)(3)(B) ( 12 U.S.C. 1430(a)(3)(B) ), by striking (including without limitation, mortgage-backed securities issued or guaranteed by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Corporation, and the Government National Mortgage Association) ; and (2) in section 16(a) ( 12 U.S.C. 1436(a) ), by striking , in obligations, participations, or other instruments and all that follows through section 306 of the Federal Home Loan Mortgage Corporation Act, . B Termination of Insurance for Banks’ Mortgage Lending 1 Immediate reforms of FHA credit programs 131. FHA lender repurchase requirement Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ) is amended by adding at the end the following new section: 259. Lender repurchase requirement The Secretary may not newly insure any mortgage on a 1- to 4-family residential property unless the mortgagee under such mortgage enters into such binding agreements as the Secretary considers necessary to ensure that, if the mortgagor is in default with respect to the mortgagor’s obligation to make payments under the mortgage for 30 or more consecutive days during the 6-month period beginning upon origination of the mortgage, the mortgagee will, upon notice by the Secretary, repurchase such mortgage in an amount equal to the remaining principal obligation under the mortgage, as determined in accordance with guidelines issued by the Secretary. . 132. Prohibition of FHA mortgage insurance for cash-out refinancings Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section: 260. Prohibition of cash-out refinancings The Secretary may not newly insure any mortgage on a 1- to 4-family residential property under which— (1) a portion of the mortgage proceeds are used to prepay or pay off the outstanding principal obligation under an existing mortgage or loan secured by the same residential property; and (2) any portion of the mortgage proceeds are used for any purpose other than to prepay or pay off such existing mortgage and for any settlement costs in connection with such mortgage, as determined in accordance with guidelines issued by the Secretary. . 133. FHA limitation on seller concessions Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section: 261. Limitation on seller concessions The Secretary may not newly insure any mortgage on a 1- to 4-family residential property with respect to which the seller of the property subject to such mortgage (or any third party or entity that is reimbursed directly or indirectly by the seller) contributes toward the acquisition of the property by the mortgagor any amount in excess of 3 percent of the total closing costs (as determined by the Secretary) in connection with such acquisition. . 2 Reducing taxpayer guarantees of mortgages 141. Reduction of FHA mortgage insurance coverage Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section: 262. Reduction of mortgage insurance coverage Notwithstanding any other provision of this title, the Secretary may not insure, or make any commitment to insure, any portion of any mortgage on a 1- to 4-family residential property in excess of the amount equal to the following percentage of the original principal obligation of the mortgage: (1) In the case of any such mortgage insured after the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , 80 percent of such original principal obligation, subject to paragraphs (2) through (5). (2) In the case of any such mortgage insured after the expiration of the 1-year period beginning on the date of the enactment of such Act, 70 percent of such original principal obligation, subject to paragraphs (3) through (5). (3) In the case of any such mortgage insured after the expiration of the 2-year period beginning on the date of the enactment of such Act, 60 percent of such original principal obligation, subject to paragraphs (4) through (5). (4) In the case of any such mortgage insured after the expiration of the 3-year period beginning on the date of the enactment of such Act, 50 percent of such original principal obligation, subject to paragraph (5). (5) In the case of any such mortgage insured after the expiration of the 4-year period beginning on the date of the enactment of such Act, 40 percent of such original principal obligation. . 142. Increase in FHA downpayment requirement Subparagraph (A) of section 203(b)(9) of the National Housing Act ( 12 U.S.C. 1709(b)(9)(A) ) is amended— (1) by striking (A) In general .—A mortgage and inserting the following: (A) In general (i) Payment requirement A mortgage ; (2) by striking 3.5 percent of the appraised value of the property and inserting the percentage of the appraised value of the property specified in clause (ii) ; and (3) by adding at the end the following new clause: (ii) Percentage of appraised value of property The percentage of the appraised value of a property specified in this clause is— (I) for a mortgage insured under this section after the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , 5.0 percent, subject to subclauses (II) through (V); (II) for a mortgage insured under this section after the expiration of the 1-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , 6.5 percent, subject to subclauses (III) through (V); (III) for a mortgage insured under this section after the expiration of the 2-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , 8.0 percent, subject to subclauses (IV) and (V); (IV) for a mortgage insured under this section after the expiration of the 3-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , 9.5 percent, subject to subclause (V); and (V) for a mortgage insured under this section after the expiration of the 4-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , 11.0 percent. . 3 Termination of FHA credit guarantees 151. Termination of FHA insurance authority (a) Termination Effective upon the expiration of the 5-year period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development may not insure, guarantee, or make any mortgage or other loan pursuant to any of the following provisions of law: (1) National Housing Act Titles I, II, V, VI, VII, VIII, IX, and XI of the National Housing Act ( 12 U.S.C. 1702 et seq. , 1707 et seq., 1731a et seq., 1736 et seq., 1747 et seq., 1748 et seq., 1750 et seq., 1749aaa et seq.). (2) Energy efficient mortgages program Section 106 of the Energy Policy Act of 1992 ( 12 U.S.C. 1701z–16 ) or section 513 of the Housing and Community Development Act of 1992 ( Public Law 102–550 ; 106 Stat. 3786). (3) Flexible subsidy program Section 201 of the Housing and Community Development Amendments of 1978 ( 12 U.S.C. 1715z–1a ). (4) Loan guarantees for Indian housing Section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ). (5) Loan guarantees for Native Hawaiian housing Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ). (6) Multifamily mortgage credit program Section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 ). (b) Repeals Effective upon the expiration of the period referred to in subsection (a), the provisions of law specified in such subsection are repealed. (c) Transfer of FHA functions to Secretary of the Treasury Effective upon the expiration of the period referred to in subsection (a), all FHA functions are transferred to the Secretary of the Treasury, but only to the extent necessary to fulfill outstanding obligations of the Department of Housing and Urban Development under such provisions and windup the business of the Department of Housing and Urban Development under such provisions. (d) Resolution and termination of FHA functions (1) Resolution of functions The Secretary of the Treasury shall— (A) complete the disposition and resolution of FHA functions in accordance with this section; and (B) resolve all FHA functions that are transferred to the Secretary under subsection (c). (2) Termination of functions All FHA functions that are transferred to the Secretary under subsection (c) shall terminate on the date all obligations of the FHA, and all obligations of others to the FHA, in effect immediately before the expiration of the period referred to in subsection (a) have been satisfied, as determined by the Secretary of the Treasury. (3) Report to Congress Upon making the determination described in paragraph (2), the Secretary of the Treasury shall report the determination to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (e) Duties of Secretary of the Treasury (1) In general The Secretary of the Treasury shall be responsible for the implementation of this section, including— (A) the administration and wind-up of all FHA functions transferred to the Secretary under subsection (c); (B) the administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this section; and (C) taking such other actions as may be necessary to wind-up any outstanding affairs of the FHA. (f) Personnel Effective upon the expiration of the period referred to in subsection (a), there are transferred to the Department of the Treasury all individuals, who— (1) immediately before such expiration, were officers or employees of the Department of Housing and Urban Development; and (2) in their capacity as such an officer or employee, performed functions that are transferred to the Secretary under subsection (c). (g) Exercise of authorities Except as otherwise provided by law, a Federal official to whom a function is transferred by this section, for purposes of performing the function and subject to subsection (c), exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this section. (h) Transfer of assets Except as otherwise provided in this section so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this section shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. (i) Delegation and assignment Except as otherwise expressly prohibited by law, an official to whom functions are transferred under this section (including the head of any office to which functions are transferred under this section) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this subsection or under any other provision of this section shall relieve the official to whom a function is transferred under this section of responsibility for the administration of the function. (j) Authority of Secretary of the Treasury with respect to functions transferred (1) Determinations If necessary, the Secretary of the Treasury shall make any determination of the functions that are transferred under this section. (2) Incidental transfers The Secretary of the Treasury, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this section, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. (k) Savings provisions (1) Authority regarding outstanding commitments Notwithstanding the repeals under subsection (b), the Secretary may insure, guarantee, or make any mortgage for which a commitment to insure, guarantee, or make was made before the effective date of such repeals under the provision of law repealed. Any such mortgage shall be subject to the terms of the provisions of law repealed as in effect immediately before such repeal. (2) Effect on outstanding mortgage insurance Any mortgage insurance, funds, or activities subject, before repeal, to a provision of law repealed by subsection (b) shall continue to be governed by the provision as in effect immediately before repeal. (3) Existing rights, duties, and obligations not affected Subsections (a) and (b) shall not affect the validity of any right, duty, or obligation of the United States, the Secretary of Housing and Urban Development, or any other person, which— (A) arises under any provision of law repealed by subsection (b); and (B) existed immediately before the effective date of such repeals. (4) Legal Documents All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (A) that have been issued, made, granted, or allowed to become effective by the Secretary of Housing and Urban Development, any officer or employee of any office transferred by this section, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this section, and (B) that are in effect upon the expiration of the period referred to in subsection (a) (or become effective after such date pursuant to their terms as in effect upon such expiration), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (5) Proceedings This section shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending upon the expiration of the period referred to in subsection (a) before an office transferred by this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (6) Nonabatement of actions No action or other proceeding commenced by or against the Secretary of Housing and Urban Development in connection with functions transferred to the Secretary of the Treasury under subsection (c) shall abate by reason of the enactment of this section, except that the Secretary of the Treasury shall be substituted for the Secretary of Housing and Urban Development as a party to any such action or proceeding. (7) Suits This section shall not affect suits commenced before the expiration of the period referred to in subsection (a), and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this section such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (8) Administrative Procedure and Judicial Review Except as otherwise provided by this section, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this section shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this section. (l) Availability of existing funds Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this section shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. Upon the expiration of all contracts and agreements with respect to such functions, programs, and activities, any unexpended balances of the funds referred to in this subsection shall be deposited in the Treasury as miscellaneous receipts. (m) References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this section— (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. (n) Definitions For purposes of this section, the following definitions shall apply: (1) FHA The term FHA means the Secretary of Housing and Urban Development, but only to the extent of the operations, authority, and functions of the Secretary pursuant to the provisions of law repealed by subsection (b). (2) FHA functions The term FHA functions means functions under the provisions of law repealed by subsection (b) that, immediately before the effective date of such repeals, are authorized to be performed by the Secretary of Housing and Urban Development or any officer or employee of the Department of Housing and Urban Development, or any office of the Department of Housing and Urban Development. (3) Function The term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (4) Office The term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. C Ending guarantees for Government mortgage-Backed securities 161. Limitation on GNMA guarantees Subsection (g) of section 306 of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1721(g) ) is amended by adding at the end the following new paragraph: (4) The Association may not enter into commitments to issue guarantees under this subsection in an aggregate amount— (A) in any month commencing after the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , that exceeds $38,000,000,000, subject to subparagraphs (B) through (F); (B) in any month commencing after the expiration of the 1-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , that exceeds $32,000,000,000, subject to subparagraphs (C) through (F); (C) in any month commencing after the expiration of the 2-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , that exceeds $24,000,000,000, subject to subparagraphs (D) through (F); (D) in any month commencing after the expiration of the 3-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , that exceeds $16,000,000,000, subject to subparagraphs (E) and (F); (E) in any month commencing after the expiration of the 4-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , that exceeds $8,000,000,000, subject to subparagraph (F); and (F) in any month commencing after the expiration of the 5-year period beginning on the date of the enactment of the New Fair Deal Banking and Housing Stability Act of 2013 , that exceeds $0. . 162. Abolishment of Ginnie Mae (a) Abolishment and transfer Effective upon the expiration of the 5-year period beginning on the date of the enactment of this Act— (1) the Government National Mortgage Association is abolished; and (2) all functions that, immediately before the expiration of such period are authorized to be performed by the Association, any officer or employee of the Association acting in that capacity, or any office of the Association, are transferred to the Secretary of the Treasury. (b) Repeals (1) Charter For provisions repealing the organic authority of the Government National Mortgage Association, see section 121(a)(1) of this Act. (2) Administrative expenses provision Effective upon the expiration of the period referred to in subsection (a), subsection (b) of section 306 of the Housing Act of 1959 ( 12 U.S.C. 1721 note) is hereby repealed. (c) Resolution and termination of FHA functions (1) Resolution of functions The Secretary of the Treasury shall— (A) complete the disposition and resolution of FHA functions in accordance with this section; and (B) resolve all FHA functions that are transferred to the Secretary under subsection (a)(2). (2) Termination of functions All FHA functions that are transferred to the Secretary under subsection (a)(2) shall terminate on the date all obligations of the FHA, and all obligations of others to the FHA, in effect immediately before the expiration of the period referred to in subsection (a) have been satisfied, as determined by the Secretary of the Treasury. (3) Report to Congress Upon making the determination described in paragraph (2), the Secretary of the Treasury shall report the determination to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (d) Duties of Secretary of the Treasury (1) In general The Secretary of the Treasury shall be responsible for the implementation of this section, including— (A) the administration and wind-up of all FHA functions transferred to the Secretary under subsection (c); (B) the administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this section; and (C) taking such other actions as may be necessary to wind-up any outstanding affairs of the FHA. (e) Personnel Effective upon the expiration of the period referred to in subsection (a), there are transferred to the Department of the Treasury all individuals, who— (1) immediately before such expiration, were officers or employees of the Department of Housing and Urban Development; and (2) in their capacity as such an officer or employee, performed functions that are transferred to the Secretary under subsection (c). (f) Exercise of authorities Except as otherwise provided by law, a Federal official to whom a function is transferred by this section, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this section. (g) Transfer of assets Except as otherwise provided in this section so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this section shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. (h) Delegation and assignment Except as otherwise expressly prohibited by law, an official to whom functions are transferred under this section (including the head of any office to which functions are transferred under this section) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this subsection or under any other provision of this section shall relieve the official to whom a function is transferred under this section of responsibility for the administration of the function. (i) Authority of Secretary of the Treasury with respect to functions transferred (1) Determinations If necessary, the Secretary of the Treasury shall make any determination of the functions that are transferred under this section. (2) Incidental transfers The Secretary of the Treasury, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this section, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. (j) Savings provisions (1) Authority regarding outstanding commitments Notwithstanding the repeals under subsection (b), the Secretary may insure any mortgage for which a commitment to insure was made before the effective date of such repeals under the provision of law repealed. Any such mortgage shall be subject to the terms of the provisions of law repealed as in effect immediately before such repeal. (2) Effect on outstanding mortgage insurance Any mortgage insurance, funds, or activities subject, before repeal, to a provision of law repealed by subsection (b) shall continue to be governed by the provision as in effect immediately before repeal. (3) Existing rights, duties, and obligations not affected Subsections (a) and (b) shall not affect the validity of any right, duty, or obligation of the United States, the Secretary of Housing and Urban Development, or any other person, which— (A) arises under any provision of law repealed by subsection (b); and (B) existed immediately before the effective date of such repeals. (4) Legal Documents All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (A) that have been issued, made, granted, or allowed to become effective by the Secretary of Housing and Urban Development, any officer or employee of any office transferred by this section, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this section, and (B) that are in effect upon the expiration of the period referred to in subsection (a) (or become effective after such date pursuant to their terms as in effect upon such expiration), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (5) Proceedings This section shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending upon the expiration of the period referred to in subsection (a) before an office transferred by this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (6) Nonabatement of actions No action or other proceeding commenced by or against the Secretary of Housing and Urban Development in connection with functions transferred to the Secretary of the Treasury under subsection (c) shall abate by reason of the enactment of this section, except that the Secretary of the Treasury shall be substituted for the Secretary of Housing and Urban Development as a party to any such action or proceeding. (7) Suits This section shall not affect suits commenced before the expiration of the period referred to in subsection (a), and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this section such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (8) Administrative Procedure and Judicial Review Except as otherwise provided by this section, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this section shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this section. (k) Availability of existing funds Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this section shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. Upon the expiration of all contracts and agreements with respect to such functions, programs, and activities, any unexpended balances of the funds referred to in this subsection shall be deposited in the Treasury as miscellaneous receipts. (l) References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this section— (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. (m) Definitions For purposes of this section, the following definitions shall apply: (1) Association The term Association means the Government National Mortgage Association. (2) Function The term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) Office The term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. (4) Secretary The term Secretary means the Secretary of the Treasury. D Repealing regulations that promote risky lending 171. Repeal of the Community Reinvestment Act of 1977 The Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. ) is hereby repealed. 172. Repeal of Dodd-Frank credit risk retention provisions (a) Credit risk retention Section 15G of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–11 ) is hereby repealed. (b) Study Subsection (c) of section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is hereby repealed. 173. Repeal of Dodd-Frank ability to repay and qualified mortgage provisions Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ) is amended— (1) by striking subsections (a) and (b); and (2) by redesignating subsections (c) through (i) as subsections (a) through (g), respectively. 174. Repeal of the Home Mortgage Disclosure Act of 1975 The Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. ) is hereby repealed. 175. Repeal of Federal Home Loan Banks Affordable Housing Program and housing goals (a) Affordable Housing Program The Federal Home Loan Bank Act ( 12 U.S.C. 1421 et seq. ) is amended— (1) in section 10 ( 12 U.S.C. 1430 ), by striking subsections (g), (h), (i), (j), and (k); and (2) by repealing section 10b ( 12 U.S.C. 1430b ). (b) Housing goals Section 10C of the Federal Home Loan Bank Act ( 12 U.S.C. 1430C ) is hereby repealed. 176. Repeal of FDIC Affordable Housing Program Section 40 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831q ) is hereby repealed. E Stopping subsidies for certain obstacles to housing construction 181. Repeal of transportation planning provisions; rescission (a) Repeals (1) Federal-aid highways Sections 134 and 135 of title 23, United States Code, and the items relating to such sections in the analysis for chapter 1 of that title, are repealed. (2) Research, technology, and education Section 505 of title 23, United States Code, and the item relating to that section in the analysis for chapter 5 of that title, are repealed. (3) Public transportation Sections 5303, 5304, and 5305 of title 49, United States Code, and the items relating to such sections in the analysis for chapter 53 of that title, are repealed. (b) Rescissions Effective on the date of the enactment of this Act, the unobligated balances available on such date of enactment of funds made available to carry out each of the sections repealed by this section are hereby rescinded. 182. Termination of HUD sustainable communities initiatives; rescission (a) Termination The following programs, activities, and initiatives of the Department of Housing and Urban Development are hereby terminated: (1) Sustainable communities initiative The Sustainable Communities Initiative originally established under the heading Community Planning and Development—Community Development Fund of title II of division A of the Consolidated Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3084). (2) Sustainable communities regional planning grants The Regional Integrated Planning Grants program originally established under such heading. (3) Community challenge planning grants The Community Challenge Planning Grants program originally established under such heading. (4) Capacity building for sustainable communities The program for capacity building for sustainable communities originally established under such heading. (b) Rescissions Effective on the date of the enactment of this Act, the unobligated balances available on such date of enactment of funds made available to carry out each of the programs and initiatives terminated by subsection (a) are hereby rescinded. II Ending bank bailouts and restoring market discipline A Reducing risks to bank depositors and other creditors 201. Capital requirements (a) In general Notwithstanding any other provision of law, the appropriate Federal regulators shall set capital standards for financial companies as provided in this section. (b) Minimum capital requirement Each financial company shall be required to maintain sufficient capital to remain adequately capitalized, as defined under subsection (c)(2). (c) Capital categories (1) Well capitalized A financial company is well capitalized if the company maintains a capital level of 12 percent or more. (2) Adequately capitalized A financial company is adequately capitalized if the company maintains a capital level of 10 percent or more. (3) Undercapitalized A financial company is undercapitalized if the company maintains a capital level of less than 10 percent. (4) Significantly undercapitalized A financial company is significantly undercapitalized if the company maintains a capital level of less than 6 percent. (5) Critically undercapitalized A financial company is critically undercapitalized if the company maintains a capital level of 2 percent or less. (d) Capital calculation In computing a financial company’s capital for purposes of this section— (1) the value of capital shall be calculated based on the current market value of the capital, and not by reference to the book value of such capital; (2) the percentage of capital maintained by a company shall be based on the total consolidated assets of the company; and (3) there shall be no risk-weighting of assets. (e) Phase-In period Notwithstanding subsection (c), during the 6-year period beginning on the date of the enactment of this Act, the percentages contained in paragraphs (1) through (5) of subsection (c) shall be treated as follows: (1) During the 1-year period following the date of the enactment of this Act, 6 percent, 4 percent, 4 percent, 3 percent, and 2 percent, respectively. (2) During the 1-year period following the period described under paragraph (1), 7 percent, 5 percent, 5 percent, 3.5 percent, and 2 percent, respectively. (3) During the 1-year period following the period described under paragraph (2), 8 percent, 6 percent, 6 percent, 4 percent, and 2 percent, respectively. (4) During the 1-year period following the period described under paragraph (3), 9 percent, 7 percent, 7 percent, 4.5 percent, and 2 percent, respectively. (5) During the 1-year period following the period described under paragraph (4), 10 percent, 8 percent, 8 percent, 5 percent, and 2 percent, respectively. (6) During the 1-year period following the period described under paragraph (5), 11 percent, 9 percent, 9 percent, 5.5 percent, and 2 percent, respectively. (f) Definitions For purposes of this section: (1) Appropriate Federal regulator The term appropriate Federal regulator — (A) has the meaning given the term appropriate Federal banking agency under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); (B) means the Board of Governors of the Federal Reserve System, in the case of a nonbank financial company supervised by the Board of Governors; and (C) means the National Credit Union Administration Board, in the case of a credit union. (2) Capital The term capital means common equity tier 1 capital and additional tier 1 capital, as such terms are defined in the notice of final rulemaking published in the Federal Register on October 11, 2013 (78 Fed. Reg. 62173–74). (3) Credit union The term credit union includes a Federal credit union and a State credit union, as such terms are defined under section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). (4) Depository institution The term depository institution has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (5) Depository institution holding company The term depository institution holding company has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (6) Financial company The term financial company means— (A) a credit union; (B) a depository institution; (C) a depository institution holding company; and (D) a nonbank financial company supervised by the Board of Governors. (7) Nonbank financial company supervised by the Board of Governors The term nonbank financial company supervised by the Board of Governors has the meaning given such term under section 102 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5311 ). 202. FDIC insurance (a) Reduction in maximum insurance amount Section 11(a)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1821(a)(1) ) is amended— (1) by amending subparagraph (E) to read as follows: (E) Standard maximum deposit insurance amount defined For purposes of this Act, the term standard maximum deposit insurance amount means $150,000, adjusted as provided under subparagraph (F). ; and (2) in subparagraph (F), by striking April 1 of 2010, and inserting April 1, 2015, . (b) Effective date The amendments made by this section shall take effect on the day that is the end of the 1-year period beginning on the date of the enactment of this Act. B Repeal of bailout authorities 211. Repeal of FDIC powers under the systemic risk determination The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended— (1) in section 11(a)(4)(C) ( 12 U.S.C. 1821(a)(4)(C) ), by striking other than section 13(c)(4)(G) ; and (2) in section 13(c)(4) ( 12 U.S.C. 1823(c)(4) )— (A) by striking subparagraph (G); and (B) by redesignating subparagraph (H) as subparagraph (G). 212. Repeal of unusual and exigent authority of the Federal Reserve Section 13(3) of the Federal Reserve Act ( 12 U.S.C. 343(3) ) is repealed. 213. Exchange Stabilization Fund (a) In general Section 5302 of title 31, United States Code, is amended by striking stabilization fund each place such term appears and inserting Special Drawing Rights Fund . (b) Conforming amendments (1) Balanced Budget and Emergency Deficit Control Act of 1985 Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by striking Exchange Stabilization Fund and inserting Special Drawing Rights Fund . (2) Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ) is amended— (A) in section 131 ( 12 U.S.C. 5236 ), by striking Exchange Stabilization Fund each place such term appears in headings and text and inserting Special Drawing Rights Fund ; and (B) in the item relating to section 131 in the table of contents of such Act, by striking Exchange Stabilization Fund and inserting Special Drawing Rights Fund . (3) International Financial Institutions Act Section 1704 of the International Financial Institutions Act ( 22 U.S.C. 262r–3 ) is amended by striking stabilization fund each place such term appears and inserting Special Drawing Rights Fund . (4) Special Drawing Rights Act The Special Drawing Rights Act ( 22 U.S.C. 286n et seq. ) is amended by striking Exchange Stabilization Fund each place such term appears and inserting Special Drawing Rights Fund . (c) References Any reference in a law, regulation, document, paper, or other record of the United States to the Exchange Stabilization Fund shall be deemed a reference to the Special Drawing Rights Fund . (d) Funds used To reduce the debt The Secretary of the Treasury shall liquidate all property in the Special Drawing Rights Fund (as so renamed under subsection (a)), other than Special Drawing Rights, and use all such amounts to reduce the public debt. (e) Limitation on Fund Section 5302 of title 31, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking is available to carry out and inserting is only available to carry out ; and (B) by striking , and for investing in obligations of the United States Government those amounts in the fund the Secretary of the Treasury, with the approval of the President, decides are not required at the time to carry out this section. Proceeds of sales and investments, earnings, and interest shall be paid into the fund and are available to carry out this section. However, the fund is not available to pay administrative expenses ; and (2) by striking subsection (b) and inserting the following: (b) Fund only To hold Special Drawing Rights Notwithstanding any other provision of law, only Special Drawing Rights may be deposited into the Special Drawing Rights Fund. . (f) Conforming amendments (1) Bretton Woods Agreements Act Section 18 of the Bretton Woods Agreements Act ( 22 U.S.C. 286e–3 ) is hereby repealed. (2) Support for East European Democracy (SEED) Act of 1989 The Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5401 et seq. ) is amended— (A) in section 101(b)(1) ( 22 U.S.C. 5411(b)(1) ), by striking such as— and all that follows through the end of the paragraph and inserting such as the authority provided in section 102(c) of this Act. ; and (B) in section 102(a) ( 22 U.S.C. 5412(a) ), by striking section 101(b)— and all that follows through the end of the subsection and inserting section 101(b), should work closely with the European Community and international financial institutions to determine the extent of emergency assistance required by Poland for the fourth quarter of 1989. . (g) Treatment of certain funds Funds that would otherwise have been deposited into the Special Drawing Rights Fund (as so renamed under subsection (a)), but for the amendments made by this section, shall instead be paid to the Secretary of the Treasury, and the Secretary of the Treasury shall use such funds to reduce the public debt. (h) Wind-Down period for certain transactions Notwithstanding any other provision of this section, during the 3-year period beginning on the date of the enactment of this Act, property other than Special Drawing Rights may be deposited, and maintained, in the Special Drawing Rights Fund as needed to fulfill any outstanding obligations on the Fund. C Bankruptcy, not bailouts, for complex financial institutions 221. Reforming the bankruptcy code to accommodate failing financial institutions (a) Findings The Congress finds the following: (1) Bailouts undermine market discipline and the rule of law, resulting in doubt about property rights and insulating recipients from the consequences of their mistakes. (2) A number of complex financial institutions are widely considered to be too big to fail . (3) An aggravating factor in the 2008 financial crisis was uncertainty about the security and priority of claims stemming from cross-border resolution of complex financial institutions. (4) The Federal Deposit Insurance Corporation (FDIC) has historically resolved most failing U.S. depository institutions and has the necessary expertise and discretionary authority to conduct such resolutions quickly. (5) The FDIC’s authority did not extend to all components of very large, complex financial institutions, such as insurance, stockbroker, and commodity broker operations. (6) The U.S. Constitution authorizes Congress to establish uniform laws on the subject of Bankruptcies through the United States . (7) Bankruptcy provides predictable priority for claims under the rule of law through the jurisdiction of an Article III court. (8) The lengthy adjudication of claims to ensure equality under the law of similarly situated creditors under bankruptcy can be problematic in the case of financial institutions but can be amended to preserve and protect value. (9) The Dodd-Frank Wall Street Reform and Consumer Protection Act did not establish a non-discretionary, rule-of-law-based resolution process to provide certainty for creditors of failing institutions. (10) A credible resolution process could eliminate the use of bailouts and other political interventions. (11) Additional reforms are necessary to bring certainty and predictability to the failure of large, complex, multinational financial institutions. (b) Sense of Congress It is the sense of Congress that the Committees on the Judiciary and Financial Services of the House of Representatives and the Committees on the Judiciary and Banking, Housing, and Urban Affairs of the Senate should each report legislation proposing changes to existing law within each committee’s jurisdiction with provisions to accommodate bankruptcy proceedings for failing multinational financial institutions. Such committees should consider reforms that— (1) establish a new chapter of the bankruptcy code specifically for financial institutions, to be used in conjunction with the existing chapter 7 liquidation or chapter 11 reorganization process; (2) replace or supplement existing resolution authorities for certain kinds of institutions; (3) clarify that such resolution proceedings occur at the holding company level; (4) designate particular judges in the Second and D.C. Circuits who will hear these cases and who may appoint special masters with technical expertise to aid in the resolution; (5) continue to use FDIC expertise to resolve such institutions under the oversight of the court; (6) remove exemptions from bankruptcy proceedings for certain subsidiaries of complex financial institutions, such as insurance and brokerage operations; (7) allow primary regulators to petition for involuntary bankruptcy cases against a financial institution, to have standing and raise motions, and to file plans of reorganization; (8) establish procedures for debtor-in-possession financing to provide partial or complete payouts to some or all creditors in certain circumstances; (9) develop rules for the applicability of short-term automatic stays for certain qualified financial contracts; (10) recapitalize reorganized institutions at the holding company level, possibly by converting long-term debt into equity; (11) collaborate with foreign governments to avoid domestic ring-fencing of failing multinational financial institutions whose holding companies are located elsewhere; (12) ensure that institutions in conservatorship do not receive advantageous tax or regulatory treatment over comparable financial institutions outside of the bankruptcy process; and (13) such other additional and conforming reforms as the Committees consider necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr3550ih/xml/BILLS-113hr3550ih.xml |
113-hr-3551 | I 113th CONGRESS 1st Session H. R. 3551 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Andrews introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the periodic inspection of certain railroad facilities.
1. Short title This Act may be cited as the Railway Inspection and Transparency Act . 2. Inspection of railroad facilities (a) Requirement The Federal Railroad Administration shall require each railroad carrier to arrange for an independent inspection by a professional engineer of— (1) all railroad bridges owned or leased by that railroad carrier at least once every 2 years; and (2) all railroad signals and switches owned or leased by that railroad carrier at least once every 6 months. (b) Documentation Each railroad carrier shall provide to the Federal Railroad Administration documentation of the results of inspections carried out under subsection (a). The Federal Railroad Administration shall make such documentation available to the public. (c) Definitions In this section: (1) Independent inspection The term independent inspection means an inspection conducted by a professional engineer that is not employed by the railroad carrier or the Federal Railroad Administration. (2) Professional engineer The term professional engineer means an individual who— (A) is currently registered as a professional engineer or structural engineer by a State, the District of Columbia, or a territory, commonwealth, or possession of the United States; and (B) has expertise in railroad operations. (3) Railroad carrier The term railroad carrier has the meaning given that term in section 20102 of title 49, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3551ih/xml/BILLS-113hr3551ih.xml |
113-hr-3552 | I 113th CONGRESS 1st Session H. R. 3552 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Andrews introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To improve emergency response activities in the United States, and for other purposes.
1. Short title This Act may be cited as the Emergency Response Improvement Act . 2. State offices of emergency management (a) In general To be eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) on or after October 1, 2014, the chief executive officer of a State shall be required to maintain a State Office of Emergency Management. (b) Duties The State Office of Emergency Management referred to in subsection (a)— (1) shall coordinate the State response to an emergency; and (2) may request Federal assistance with respect to an emergency. 3. Emergency response (a) Federal incident commander If one or more Federal departments or agencies provides assistance to a State in response to an emergency, the President shall designate an individual from one such department or agency to serve as the Federal incident commander for that emergency. (b) Functions As soon as practicable after designation under subsection (a), a Federal incident commander shall— (1) meet with representatives of Federal, State, and local entities involved in the response to the emergency; and (2) assist such representatives in— (A) creating a plan to respond to the emergency that specifies the responsibilities of each entity involved in the response; (B) designating an individual to lead the response; and (C) drafting and executing a memorandum of understanding with respect to the plan described in subparagraph (A) that describes the responsibilities of each entity involved in the response. (c) Failure To agree In the absence of a memorandum of understanding described in subsection (b)(2)(C), the Federal incident commander shall report to the President or the President’s designee and recommend if, and to what extent, the relevant Federal departments or agencies should be involved in the response to the emergency. 4. Effect Nothing in this Act shall be construed to limit, expand, or change any authority granted to a Federal, State, or local entity to respond to an emergency under Federal, State, or local law. 5. Definitions (a) In general In this Act, the terms emergency , Indian tribal government , and State have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (b) Treatment of Indian tribal governments For the purposes of this Act, any reference to State shall be treated as a reference also to Indian tribal government . | https://www.govinfo.gov/content/pkg/BILLS-113hr3552ih/xml/BILLS-113hr3552ih.xml |
113-hr-3553 | I 113th CONGRESS 1st Session H. R. 3553 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Brady of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means A BILL To allow a credit against income tax for employers who pay their Federal contractor employees compensation lost by reason of the Federal Government shutdown.
1. Credit for employers who pay Federal contractor employees compensation lost by reason of shutdown (a) In general In the case of an employer whose employees provide services to the Federal Government in an applicable Federal building under a Federal contract, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the shutdown payments with respect to employees of the taxpayer during the taxable year. (b) Definitions For purposes of this section— (1) Applicable Federal building The term applicable Federal building means any building used for official purposes by any office or entity over which the Committee on House Administration of the House of Representatives has jurisdiction under the Rules of the House of Representatives during the One Hundred Thirteenth Congress. (2) Shutdown payments (A) In general The term shutdown payments means any payment which is made by the employer to an individual with respect to the shutdown period that represents all or a portion of the wages the individual would have received from the employer if the individual were performing services for the employer under such Federal contract during the shutdown period. (B) Shutdown period The term shutdown period means the period of partial Federal Government shutdown resulting from the lapse in Federal appropriations beginning on October 1, 2013, and ending on October 16, 2013. (c) Special rules For purposes of this section— (1) Treated as part of business credit The credit determined under subsection (a) shall be treated as a credit listed in section 38(b) for the taxable year (and not allowed separately under subsection (a)). (d) Termination This section shall not apply to any payments made in any taxable year beginning after December 31, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3553ih/xml/BILLS-113hr3553ih.xml |
113-hr-3554 | I 113th CONGRESS 1st Session H. R. 3554 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to designate certain medical facilities of the Department of Veterans Affairs as health professional shortage areas, and for other purposes.
1. Short title This Act may be cited as the Veterans Access to Care Act . 2. Designation of medical facilities of the Department of Veterans Affairs as health professional shortage areas (a) HPSA Section 332(a)(1) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1) ) is amended in the second sentence by inserting and medical facilities of the Department of Veterans Affairs (including State homes, as defined in section 101(19) of title 38, United States Code) after ( 42 U.S.C. 1395x(aa) ), . (b) Concurrent benefits (1) Scholarship program Section 338A(b) of the Public Health Service Act ( 42 U.S.C. 254l(b) ) is amended— (A) in paragraph (3), by striking and ; (B) in paragraph (4), by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) not be participating in the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code. . (2) Debt reduction program Section 338B(b) of the Public Health Service Act ( 42 U.S.C. 254l–1(b) ) is amended— (A) in paragraph (2), by striking and ; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) not be participating in the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code. . (c) Consultation In carrying out the National Health Service Corps Program under subpart II of part D of title III of the Public Health Service Act ( 42 U.S.C. 254d et seq. ), the Secretary of Health and Human Services shall consult with the Secretary of Veterans Affairs with respect to health professional shortage areas that are medical facilities of the Department of Veterans Affairs (including State homes, as defined in section 101(19) of title 38, United States Code). (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-113hr3554ih/xml/BILLS-113hr3554ih.xml |
113-hr-3555 | I 113th CONGRESS 1st Session H. R. 3555 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mrs. Bustos (for herself, Mr. Gibson , Mr. Murphy of Florida , Mr. Enyart , Mr. Quigley , Mr. Ribble , Mr. Fortenberry , Mr. Cooper , Mr. Carney , Mr. Owens , Mr. Welch , Ms. Kelly of Illinois , Ms. Kuster , Mr. Braley of Iowa , Mrs. Kirkpatrick , Mr. Kind , Mr. Rush , Mr. Maffei , Mr. Loebsack , Mr. Ruiz , Mr. Himes , Mr. Cummings , Mr. Peters of Michigan , Ms. Schwartz , Mr. Walz , Mr. Rodney Davis of Illinois , Mr. Barber , Ms. Frankel of Florida , Mr. Clay , Ms. Michelle Lujan Grisham of New Mexico , Mr. Cohen , Mr. Yarmuth , Mr. Hastings of Florida , Mr. Cleaver , Mr. Carson of Indiana , Mr. Delaney , Mr. Moran , Ms. Duckworth , Mr. Shimkus , Mr. Honda , Mr. Schrader , Mr. Matheson , Mr. Barrow of Georgia , Mr. Lipinski , Mr. Dingell , Ms. Brownley of California , Ms. Titus , Ms. Meng , Mr. Peters of California , Mr. Connolly , Mr. Lowenthal , Mr. Perlmutter , Ms. DeGette , Ms. Sinema , Mr. Holt , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Improper Payments Elimination and Recovery Improvement Act of 2012, including making changes to the Do Not Pay initiative, for improved detection, prevention, and recovery of improper payments to deceased individuals, and for other purposes.
1. Short title This Act may be cited as the Improper Payments Agency Cooperation Enhancement Act of 2013 . 2. Improving the sharing and use of death data by Government agencies to curb improper payments (a) In general The Improper Payments Elimination and Recovery Improvement Act of 2012 ( 31 U.S.C. 3321 note) is amended by adding at the end the following: 7. Improving the sharing and use of death data by Government agencies to curb improper payments (a) Definitions In this section— (1) the term Commissioner means the Commissioner of Social Security; (2) the term Director means the Director of the Office of Management and Budget; (3) the term Inspector General has the meaning defined by section 5(e)(1); (4) the term local government means the government of a political subdivision of a State; (5) the term payment has the meaning given that term under section 2(g) of the Improper Payment Information Act of 2002 ( 31 U.S.C. 3321 note); (6) the term Registry means the National Deaths Registry established under subsection (b)(1); and (7) the term tribal government means the government of an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (b) Establishment of Registry (1) In general The Commissioner shall establish and maintain a registry of information relating to the deaths of individuals, to be known as the National Deaths Registry. (2) Inclusion of information As provided under this section and in accordance with the guidance issued under subsection (f), the Commissioner shall include information relating to the deaths of individuals in the Registry for the purpose of supporting the Do Not Pay Initiative under section 5 and otherwise preventing, identifying, or recovering improper payments. (c) Use of the Registry (1) Availability to Federal agencies The Commissioner shall enter into cooperative agreements with agencies, including Inspectors General— (A) under which the Commissioner shall provide the information in the Registry (in full and without limitation, as provided in subsection (h)(1)) to the agency or Inspector General for purposes of facilitating— (i) the making of authorized payments or the prevention, identification, or recovery of improper payments; (ii) carrying out section 5; (iii) in the case of the Bureau of the Census, verifying information obtained as part of a decennial census conducted under section 141(a) of title 13, United States Code; or (iv) other agency functions, including public health or safety, law enforcement, tax administration, health administration oversight, and debt collection, as determined appropriate by the Commissioner and in accordance with guidance issued under subsection (f); and (B) which shall require the agency or Inspector General to provide reimbursement to the Commissioner for the reasonable cost of carrying out the agreement. (2) Availability to States and local and tribal governments (A) For making federally funded payments or avoiding federally funded improper payments The Commissioner shall, to the extent feasible, enter into cooperative agreements with States and local and tribal governments— (i) to provide the information in the Registry to the State or local or tribal government for purposes of facilitating the making of authorized payments and the prevention, identification, or recovery of improper payments under federally funded programs; and (ii) which shall require the State or local or tribal government to provide reimbursement to the Commissioner for the reasonable cost of carrying out the agreement. (B) For programs wholly funded by States and local and tribal governments The Commissioner may enter into cooperative agreements with States and local and tribal governments— (i) to provide the information in the Registry for purposes relating to programs wholly funded by the State or local or tribal governments; and (ii) which shall require the State or local or tribal government to provide reimbursement to the Commissioner for the reasonable cost of carrying out the agreement. (3) Exceptional circumstances The Commissioner may withhold information that would otherwise be required to be disclosed under a cooperative agreement under this subsection if the Commissioner determines there are exceptional circumstances warranting an exception (such as safety of the individual or interference with an investigation). (4) Confidentiality Information provided by the Commission under an agreement under this subsection or by an individual to any agency that has entered into a cooperative agreement under this subsection shall be— (A) considered as strictly confidential; and (B) used only for the purposes described in this subsection and for carrying out an agreement under this subsection. (d) Registry requirements The Commissioner shall— (1) implement procedures for identifying and correcting errors, including those identified— (A) by agencies; (B) by States and local and tribal governments; and (C) by members of the public; (2) include a process for determining the accuracy of death records in the Registry, including estimates of accuracy through the use of statistical sampling of errors on a systematic basis; (3) ensure the Registry is operated and maintained in accordance with protocols that ensure the secure transfer and storage of any information provided to another entity consistent with applicable laws and best practices of the Federal Government relating to information, privacy, security, and disclosure, including protecting social security numbers and other identifiers determined appropriate by the Commissioner; and (4) make the information in the Registry available to a contractor of an agency, State, or local or tribal government for carrying out a purpose described in subsection (c)(1) or (c)(2) and in accordance with the cooperative agreement with the agency, State, or local or tribal government if the agency, State, or local or tribal government submits to the Commissioner a certification that the contractor is in compliance with the requirements of the agency relating to privacy and security described in paragraph (3). (e) Reporting by Federal agencies of additional death data to the Registry (1) Improved death data matching by Federal agencies (A) In general Not later than 90 days after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2013 , the Director shall identify each agency or component of an agency that operates or maintains a database of information relating to beneficiaries, annuity recipients, or other matters such that improved data matching with the Registry would be desirable, as determined by the Director. (B) Matching requirement (i) In general The head of each agency identified by the Director under subparagraph (A) shall establish a data matching procedure under which the agency shall compare information in the database of the agency with information in the Registry in order to improve the accuracy and completeness of the information in both the database of the agency and in the Registry relating to the death of individuals and to facilitate the prevention, identification, and recovery of improper payments. (ii) Do Not Pay program The requirement to establish a data matching procedure under this subparagraph shall not be construed to diminish in any way the requirements for an agency under section 5, relating to preventing identifying, and recovering improper payments, including to deceased individuals. (2) Prompt reporting Not later than 1 year after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2013 , each agency identified by the Director under paragraph (1)(A) shall establish a procedure (consistent with guidance issued under subsection (f)) under which the agency shall, promptly and on a regular basis, submit to the Commissioner information relating to the death of a Federal beneficiary, Federal annuitant recipient, or other individual relevant for the purposes of this section. (f) Guidance by the Office of Management and Budget (1) Guidance to agencies Not later than 6 months after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2013 , and in consultation with the Council of Inspectors General on Integrity and Efficiency, the Commissioner, and the heads of other relevant agencies, the Director shall issue guidance for agencies regarding implementation of this section. (2) Guidance for States and local and tribal governments Not later than 6 months after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2013, the Director shall provide guidance to States and local and tribal governments relating to accessing and using information in the Registry. (3) Plan to assist States and local and tribal governments The Director shall develop a plan to assist States and local and tribal governments in providing electronically to the Commissioner, for use or inclusion in the Registry, records relating to the death of individuals, which shall include recommendations to Congress for any statutory changes or financial assistance to States and local and tribal governments that are necessary to ensure States and local and tribal governments can provide such records electronically not later than January 1, 2015. (g) Reporting (1) Report to Congress on improving data matching regarding payments to individuals who are deceased Not later than 270 days after the date of enactment of Improper Payments Agency Cooperation Enhancement Act of 2013 , the Director, after consultation with the Commissioner, the heads of other relevant agencies, and States and local and tribal governments, shall submit to Congress a plan regarding how States and local and tribal governments that provide benefits under a federally funded program will improve data matching with the Registry. (2) Annual report Not later than 1 year after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2013 , and every year thereafter until the date that is 4 years after such date of enactment, the Director shall submit to Congress a report, which may be included as part of another report submitted to Congress by the Director, regarding the implementation of this section and the Improper Payments Agency Cooperation Enhancement Act of 2013 . The first report under this paragraph shall include the recommendations of the Director described in subsection (f)(3). (h) Consistency with the Social Security Act (1) In general Notwithstanding section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) ) or any other provision of that Act, the Commissioner may include in the Registry any information provided to the Commissioner pursuant to that Act (including any information received from a State or any other source) and may use or provide all such information (including information received from States or any other source) as authorized under this section to any agency, including any Inspector General. (2) Functions To the extent any function of the Commissioner under the Social Security Act ( 42 U.S.C. 401 et seq. ) is the same as a required function of the Commissioner under this section, performance of the function under that Act shall also satisfy the requirement to perform the function under this section. (3) Use regardless of source of information The Commissioner may use any information in the Registry for any purpose authorized under the Social Security Act ( 42 U.S.C. 401 et seq. ), regardless of whether the information was provided to the Commissioner under authority of this section or any provision of the Social Security Act. . (b) Technical and conforming amendment Section 2(g)(3) of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note) is amended by striking Federal employee, and inserting Federal employee or any other individual in Federal service, . 3. Enhancement of prepayment and pre-award procedures Section 5(a) of the Improper Payments Elimination and Recovery Improvement Act of 2012 ( 31 U.S.C. 3321 note) is amended— (1) in paragraph (2) by adding, after subparagraph (E), the following: (F) The registry of people who are deceased established by the Commissioner of Social Security under section 7. ; and (2) by adding, after paragraph (2), the following: (3) Agencies to provide access Each agency that operates or maintains a database described in paragraph (2) shall provide each other agency with access to the information contained in that database for purposes of complying with paragraphs (1) and (2), subject to such reasonable and permissible conditions as the agency operating or maintaining the database establishes. . 4. Data Analytics Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 ( 31 U.S.C. 3321 note) is amended by adding at the end the following— (h) Report on improper payments data analysis Not later than 180 days after the date of enactment of the Improper Payments Agency Cooperation Enhancement Act of 2013 , the Secretary of the Treasury shall submit to Congress a report, which may be included as part of another report submitted to Congress, which shall include a description of— (1) data analytics performed as part of the Do Not Pay Initiative for the purpose of detecting, preventing, and recovering improper payments through pre-award, post-award pre-payment, and post-payment analysis, which shall include a description of any analysis or investigations incorporating— (A) review and data matching of payments and beneficiary enrollment lists of State programs carried out using Federal funds for the purposes of identifying eligibility duplication, residency ineligibility, duplicate payments, or other potential improper payment issues; (B) review of multiple Federal agencies and programs for which comparison of data could show payment duplication; and (C) review of other information the Secretary of the Treasury determines are effective, which may include investigation or review of information from multiple Federal agencies or programs; and (2) the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards. . 5. Curbing improper payment of Federal retirement annuities to deceased individuals (a) Establishment Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall convene a task force of agencies (in this section referred to as the task force ) to— (1) identify ways to improve the sharing of information relating to the death of an individual receiving an annuity under a Federal retirement program; and (2) share best practices for identifying deceased annuitants. (b) Membership The Director of the Office of Management and Budget shall appoint the members of the task force, which shall include a representative of— (1) the Department of Defense; (2) the Social Security Administration; (3) the Department of Veterans Affairs; (4) the Office of Personnel Management; and (5) any other agency that provides annuities or is relevant to the oversight of annuity payments. (c) Plan Not later than 270 days after the date of enactment of this Act, the task force shall establish a plan to carry out the purposes described in subsection (a). (d) Reports The task force shall— (1) not later than 1 year after the date of enactment of this Act, submit to Congress a report on the plan established under subsection (c); and (2) not later than 2 years after the date of enactment of this Act, submit to Congress a report on implementation of the plan by agencies. (e) Termination The task force shall terminate on the day after the date on which the task force submits the report required under subsection (d)(2). 6. Agency access to postal database Section 412 of title 39, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsection (b) or (c) ; and (2) by adding at the end the following: (c) (1) For purposes of this subsection— (A) the term agency means an executive agency as that term is defined under section 102 of title 31; (B) the term improper payment has the meaning given that term in section 2(g) of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note); and (C) the term Inspector General has the meaning given that term in section 5(e)(1) of the Improper Payments Elimination and Recovery Improvement Act of 2012 ( 31 U.S.C. 3321 note). (2) The Postal Service shall provide to agencies (including to Inspectors General) access to information concerning delivery addresses, including the Commercial Mail Receiving Agency lists of known locations of commercial mailbox offices, for purposes of improved detection, prevention, and recovery of improper payments. (3) The provision of information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the agency or Inspector General determine appropriate. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3555ih/xml/BILLS-113hr3555ih.xml |
113-hr-3556 | I 113th CONGRESS 1st Session H. R. 3556 IN THE HOUSE OF REPRESENTATIVES November 20, 2013 Mrs. Ellmers (for herself and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a program to assist in the importation and care of abused, injured, or abandoned nonhuman primates.
1. Short title This Act may be cited as the Humane Care for Primates Act of 2013 . 2. Findings The Congress finds the following: (1) Nonhuman primates, such as chimpanzees, gorillas, orangutans, macaques, and numerous other species, often face abusive and cruel captive conditions in other countries. (2) There is growing evidence that, absent a suitable humane alternative, these primates will remain or be placed in other cruel captive conditions and face inhumane deaths in areas outside the United States. (3) Regulations of the Centers for Disease Control and Prevention allow importation of nonhuman primates only for scientific, educational, or exhibition purposes and not for humane lifetime shelter and care in appropriate primate sanctuaries. (4) Many of these animals could be obtained by certified primate sanctuaries in the United States and provided with shelter and care for the remainder of their natural lives in a species-appropriate, humane environment if allowed by law to be imported for such purpose. 3. Definitions In this Act: (1) The term certified primate sanctuary means a primate sanctuary that has been certified by the Secretary pursuant to section 4. (2) The term nonhuman primates means the species included in the biological order Primates, except Homo sapiens. (3) The term primate sanctuary means a facility that— (A) rescues and provides lifetime shelter and care for animals that have been abused, injured, or abandoned, or are otherwise in need; (B) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (C) does not commercially trade in any animals, including animal parts, animal byproducts, and animal offspring; (D) does not intentionally breed or propagate nonhuman primates; (E) does not allow direct contact between the public and nonhuman primates; (F) does not allow unescorted public visitation at the facility, except for discrete, nonintrusive observation by individuals approved by the sanctuary; (G) does not allow animals to be removed from the facility, or from the animals’ enclosures, for exhibition or education; and (H) does not conduct research on animals, except where the facility determines that— (i) the health and welfare of the animal involved is best served by participating in a treatment study; and (ii) the facility reasonably believes that the outcome of the study will provide a tangible benefit to the animal involved. (4) The term Secretary means the Secretary of Health and Human Services. 4. Importation of nonhuman primates (a) In general Not later than 12 months after the date of enactment of this Act, the Secretary, consistent with section 361 of the Public Health Service Act ( 42 U.S.C. 264 ; relating to control of communicable diseases), shall promulgate a final rule revising section 71.53(c) of title 42, Code of Federal Regulations, to expand the categories of uses for which nonhuman primates may be imported and distributed to include live nonhuman primates imported into the United States by a certified primate sanctuary for purposes of providing lifetime shelter and care. (b) Certification process (1) Establishment The rule required by subsection (a) shall establish a process under which the Secretary certifies facilities as primate sanctuaries for purposes of the importation, shelter, and care of nonhuman primates, as described in subsection (a). (2) Criteria The Secretary shall require, as a condition of such certification, that a facility— (A) is a primate sanctuary, as defined in section 3; and (B) satisfies any other criteria that— (i) are determined to be appropriate by the Secretary; and (ii) are consistent with the criteria specified in the definition of a primate sanctuary in section 3. (3) Applications To seek certification under this Act, a primate sanctuary shall submit an application in such form, in such manner, and containing such information as the Secretary may require. Any information in an application for certification under this Act shall be protected from disclosure as provided in section 552(b)(4) of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3556ih/xml/BILLS-113hr3556ih.xml |
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